The Jobseeker’s Allowance (Members of the Forces) (Northern Ireland) Regulations 1997

Made: 17th March 1997

Laid before Parliament: 18th March 1997

Coming into force: 21st April 1997

The Secretary of State, in exercise of the powers conferred on him by Articles 24 and 36(2) of the Jobseekers (Northern Ireland) Order 1995¹⁶ and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Jobseeker’s Allowance (Members of the Forces) (Northern Ireland) Regulations 1997 and shall come into force on 21st April 1997.

• (2) In these Regulations—

• “the Order” means the Jobseekers (Northern Ireland) Order 1995;

• “serving member of the forces” has the meaning assigned to it by regulation 1(2) of the Social Security (Contributions) Regulations 2001;

• “discharge” includes, in the case of a serving member of the forces who on completion of any term of service is transferred to any reserve, that transfer.

Modification of the Order

2

In its application to persons who are, or who have been, members of Her Majesty’s Forces, the Order shall have effect subject to these Regulations.

Entitlement to jobseeker’s allowance

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Any person who, as a serving member of the forces, is discharged... or otherwise dismissed in consequence of having been convicted on any proceedings under the Armed Forces Act 2006 or by any civil court, shall be treated for the purposes of Article 21(6)(a) or Article 22A(2)(d) of the Order (circumstances in which a jobseeker’s allowance is not payable) as though he had lost his employment through misconduct.

5

Article 21 (6)(b) and (d) and Article 22A(2)(e) and (g) of the Order (jobseeker’s allowance not payable where the claimant has voluntarily left employment or neglected to avail himself of a reasonable opportunity of employment) shall not apply to a claimant who, as a serving member of the forces, is discharged at his own request.

6

For the purposes of any claim for a jobseeker’s allowance, a document purporting to be signed by a person authorised in that behalf by the Secretary of State certifying the fact that any person has been discharged... or otherwise dismissed as mentioned in regulation 4 or 5, or the date of such discharge... or dismissal, shall be conclusive evidence thereof, unless it is proved that the document was not signed by the person so authorised.

Extension of time for performing certain acts

7

• (1) ... If—

• (a) a provision of the Order, or of any regulations made thereunder, requires a person to perform some act either forthwith or on the happening of a particular event; and

• (b) that person is unable to perform the act required in compliance with that provision on account of his being at sea or outside the United Kingdom by reason of his service as a member of the forces,

he shall nevertheless be deemed to have done so if he performs the act in question as soon as it is practicable for him to do so.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

P. B. B. Mayhew — One of Her Majesty’s Principal Secretaries of State — 17th March 1997

Editorial notes

Explanatory note

(This note is not part of the Regulations)

These Regulations modify the provisions relating to the jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 in their application to persons who are, or are treated as being, serving members of Her Majesty’s Forces.

The Regulations in particular provide that a jobseeker’s allowance shall not be paid to such persons in specified circumstances. They also provide that a person should not be disqualified from receiving the allowance where he is discharged from Her Majesty’s Forces at his own request. In addition, the regulations extend the period within which serving members of the forces can perform certain acts necessary in connection with a claim for the jobseeker’s allowance.

Footnotes