N.I.

Part IN.I.Introductory

Title and commencementN.I.

1.-(1) This Order may be cited as the Jobseekers (Northern Ireland) Order 1995.

(2) This Order comes into operation on such day or days as the Department may by order appointF3.

InterpretationN.I.

2.-(1) The Interpretation Act (Northern Ireland) 1954F4 applies to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order-

[F1"adjudication officer" means an adjudication officer appointed under section 36 of the Administration Act;]

"the Administration Act" means the Social Security Administration (Northern Ireland) Act 1992F5;

"applicable amount" means the applicable amount determined in accordance with regulations under Article 6;

"benefit year" has the meaning given by Article 4(4);

"the Benefits Act" means the Social Security Contributions and Benefits (Northern Ireland) Act 1992F6;

"child" means a person under the age of 16;

"claimant" means a person who claims a jobseeker's allowance[F7 except that in relation to a joint-claim couple claiming a joint-claim jobseeker's allowance it means the couple, or each member of the couple, as the context requires;];

"contribution-based conditions" means the conditions set out in Article 4;

"contribution-based jobseeker's allowance" has the meaning given in Article 3(4);

[F8"couple" means-

(a)a man and woman who are married to each other and are members of the same household;

(b)a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;

(c)two people of the same sex who are civil partners of each other and are members of the same household; or

(d)two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;]

"the Department" means the Department of Health and Social Services;

"employed earner" has the meaning prescribed for the purposes of this Order;

"employment", except in Article 9, has the meaning prescribed for the purposes of this Order;

"entitled", in relation to a jobseeker's allowance, is to be construed in accordance with-

(a)the provisions of this Order relating to entitlement; and

(b)[F1section 1 of the Administration Act and Article 27 of the Social Security (Northern Ireland) Order 1998];

"family" means-

(a)a[F9 couple];

(b)a[F9 couple] and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;

(c)except in prescribed circumstances, a person who is not a member of a[F9 couple] and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;

[F10"FAS payments" means payments made under the Financial Assistance Scheme Regulations 2005;]

"income-based conditions" means the conditions set out in Article 5;

"income-based jobseeker's allowance" has the meaning given in Article 3(4);

"jobseeker's agreement" has the meaning given by Article 11(1);

"jobseeking period" has the meaning prescribed for the purposes of this Order;

[F7"joint-claim couple" and "joint-claim jobseeker's allowance" have the meanings given by Article 3(4);]

Definition rep. by 2004 c. 33

"National Insurance Fund" means the Northern Ireland National Insurance Fund;

[F7"the nominated member", in relation to a joint-claim couple, shall be construed in accordance with Article 5B(4);]

"Northern Ireland" includes the territorial waters of the United Kingdom adjacent to Northern Ireland;

"occupational pension scheme" has the same meaning as it has in the Pension Schemes (Northern Ireland) Act 1993F11 by virtue of section 1 of that Act;

"pensionable age" has the meaning prescribed for the purposes of this Order;

"pension payments" means-

(a)periodical payments made in relation to a person, under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme; and

(b)such other payments as may be prescribed;

"personal pension scheme" means-

(a)a personal pension scheme as defined by section 1 of the Pension Schemes (Northern Ireland) Act 1993;

[F12(b)an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004; and

(c)a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;]

[F13"PPF payments" means any payments made in relation to a person-

"prescribed"[F14, except in Article 29 (and in Article 36 so far as relating to regulations under Article 29)] means specified in or determined in accordance with regulations;

"public service pension scheme" has the same meaning as it has in the Pension Schemes (Northern Ireland) Act 1993 by virtue of section 1 of that Act;

"regulations"[F14, except in Article 29 (and in Article 36 so far as relating to regulations under Article 29)] means regulations made by the Departments;

"tax year" means the 12 months beginning with 6th April in any year;

"trade dispute" means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises, or not;

"training" has the meaning prescribed for the purposes of this Order and, in relation to prescribed provisions of this Order, if regulations so provide, includes assistance to find training or employment, or to improve a person's prospects of being employed, of such a kind as may be prescribed;

Definition rep. by 2004 c. 33

"week" means a period of 7 days beginning with a Sunday or such other period of 7 days as may be prescribed;

"work" has the meaning prescribed for the purpose of this Order;

"year", except in the expression "benefit year", means a tax year.

For the purposes of this Order, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.]

The expressions "capable of work", "linked period", "relevant education" and "remunerative work" are to be read with paragraphs 2, 3, 14 and 1 of Schedule 1.

(4) Subject to any regulations made for the purposes of this paragraph, "earnings" is to be construed for the purpose of this Order in accordance with section 3 of the Benefits Act and paragraph 6 of Schedule 1 to this Order.

Part IIN.I.The Jobseeker's Allowance

EntitlementN.I.

The jobseeker's allowanceN.I.

3.-(1) An allowance, to be known as a jobseeker's allowance, shall be payable in accordance with the provision of this Order.

(2) Subject to the provisions of this Order, a claimant is entitled to a jobseeker's allowance if he-

(a)is available for employment;

(b)has entered into a jobseeker's agreement which remains in force;

(c)is actively seeking employment;

[F15(d)satisfies the conditions set out in Article 4;]

(e)is not engaged in remunerative work;

(f)is capable of work;

(g)is not receiving relevant education;

(h)is under pensionable age; and

(i)is in Northern Ireland

Subject to the provisions of this Order, a claimant who is not a member of a joint-claim couple is entitled to a jobseeker's allowance if he satisfies-

(a)the conditions set out in sub-paragraphs (a) to (c) and (e) to (i) of paragraph (2); and

(b)the conditions set out in Article 5.

Subject to the provisions of this Order, a joint-claim couple are entitled to a jobseeker's allowance if-

(a)a claim for the allowance is made jointly by the couple;

(b)each member of the couple satisfies the conditions set out in sub-paragraphs (a) to (c) and (e) to (i) of paragraph (2); and

(c)the conditions set out in Article 5A are satisfied in relation to the couple.

Regulations may prescribe circumstances in which paragraph (2A) is to apply to a claimant who is a member of a joint-claim couple.

Regulations may, in respect of cases where a person would (but for the regulations) be a member of two or more joint-claim couples, make provision for only one of those couples to be a joint-claim couple; and the provision which may be so made includes provision for the couple which is to be the joint-claim couple to be nominated-

(a)by the persons who are the members of the couples, or

(b)in default of one of the couples being so nominated, by the Department.]

A jobseeker's allowance is payable in respect of a week.

(4) In this Order-

"a contribution-based jobseeker's allowance" means a jobseeker's allowance entitlement to which is based on the claimant's satisfying conditions which include those set out in Article 4;

"an income-based jobseeker's allowance" means a jobseeker's allowance entitlement to which is based on the claimant's satisfying conditions which include those set out in Article 5.[F15 or a joint-claim jobseeker's allowance;]

[F15"a joint-claim couple" means a[F16 couple] who-

(a)are not members of any family whose members include a person in respect of whom a member of the couple is entitled to child benefit, and

(b)are of a prescribed description;

"a joint-claim jobseeker's allowance" means a jobseeker's allowance entitlement to which arises by virtue of paragraph (2B).]

The contribution-based conditionsN.I.

4.-(1) The conditions referred to in[F17 Article 3(2)(d)] are that the claimant-

(a)has actually paid Class 1 contributions in respect of one ( "the base year") of the last two complete years before the beginning of the relevant benefit year and satisfies the additional conditions set out in paragraph (2);

(b)has, in respect of the last two complete years before the beginning of the relevant benefit year, either paid Class 1 contributions or been credited with earnings and satisfies the additional condition set out in paragraph (3);

(c)does not have earnings in excess of the prescribed amount; and

(d)is not entitled to income support.

(2) The additional conditions mentioned in paragraph (1)(a) are that-

(a)the contributions have been paid before the week for which the jobseeker's allowance is claimed;

(b)the earnings factor derived[F18 from so much of the claimant's earnings as did not exceed the upper earnings limit and] upon which primary Class 1 contributions have been paid or treated as paid is not less than the base year's lower earnings limit multiplied by 25.

(3) The additional condition mentioned in paragraph (1)(b) is that the earnings factor derived[F18 from so much of the claimant's earnings as did not exceed the upper earnings limit and] upon which primary Class 1 contributions have been paid or treated as paid or[F18 from so much of the claimant's earnings as did not exceed the upper earnings limit and] credited is not less, in each of the two complete years, than the lower earnings limit for the year multiplied by 50.

Where primary Class 1 contributions have been paid or treated as paid on any part of a person's earnings, paragraphs (2)(b) and (3) shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.]

For the purposes of this Article-

(a)"benefit year" means a period which is a benefit year for the purposes of Part II of the Benefits Act or such other period as may be prescribed for the purposes of this Article;

(b)"the relevant benefit year" is the benefit year which includes-

(i)the beginning of the jobseeking period which includes the week for which a jobseeker's allowance is claimed, or

(ii)(if earlier) the beginning of any linked period; and

(c)other expressions which are used in this Article and the Benefits Act have the same meaning in this Article as they have in the Act.

The income-based conditionsN.I.

5.-(1) The conditions referred to in[F20 Article 3(2A)(b)] are that the claimant-

(a)has an income which does not exceed the applicable amount (determined in accordance with regulations under Article 6) or has no income;

(b)is not entitled to income support[F21 or state pension credit];

(c)is not a member of a family one of whose members is entitled to income support;

(d)is not a member of a family one of whose members is entitled to an income-based jobseeker's allowance;

[F21(dd)is not a member of a[F22 couple] the other member of which is entitled to state pension credit;]

(e)is not a member of a[F22 couple] the other member of which is engaged in remunerative work; and

(f)is a person-

(i)who has reached the age of 18; or

(ii)in respect of whom a direction under Article 18 is in force; or

(iii)who has, in prescribed circumstances to be taken into account for a prescribed period, reached the age of 16 but not the age of 18.

(2) Regulations may provide for one or both of the following conditions to be included in the income-based conditions, in the case of a person to whom paragraph (1)(f)(ii) or (iii) applies-

(a)a condition that the claimant must register for employment;

(b)a condition that the claimant must register for training.

(3) In paragraph (1)(f)(iii) "period" includes-

(a)a period fo a determinate length;

(b)a period defined by reference to the happening of a future event; and

(c)a period of a determinate length but subject to earlier determination upon the happening of a future event.

(4) Regulations under paragraph (2) may, in particular, make provision by reference to persons designated by the Department for the purpose of the regulations.

[F23The conditions for claims by joint-claim couplesN.I.

5A.-(1) The conditions referred to in Article 3(2B)(c) are-

(a)that the income of the joint-claim couple does not exceed the applicable amount (determined in accordance with regulations under Article 6) or the couple have no income;

(b)that no member of a family of which the couple are members is entitled to income support;

(c)that no member of any such family (other than the couple) is entitled to an income-based jobseeker's allowance;

[F24(cc)that neither member of the couple is entitled to state pension credit;]

(d)that at least one member of the couple has reached the age of 18; and

(e)that if only one member of the couple has reached the age of 18, the other member of the couple is a person-

(i)in respect of whom a direction under Article 18 is in force; or

(ii)who has, in prescribed circumstances to be taken into account for a prescribed period, reached the age of 16.

Paragraphs (2) and (4) of Article 5 shall apply in relation to a member of the couple to whom paragraph (1)(e)(i) or (ii) applies as they apply in relation to a claimant to whom paragraph (1)(f)(ii) or (iii) of that Article applies.

In paragraph (1)(e)(ii) "period" shall be construed in accordance with Article 5(3).]

Joint-claim couples: the nominated memberN.I.

5B.-(1) Where a joint-claim couple make a claim for a joint-claim jobseeker's allowance, they may nominate one of them as the member of the couple to whom the allowance is to be payable.

(2) In default of one of them being so nominated, the allowance shall be payable to whichever of them is nominated by the Department.

(3) Paragraphs (1) and (2) have effect subject to Article 6A(4) and (7).

(4) In this Order references to the nominated member of a joint-claim couple are, except where Article 22A(7) applies, to the member of the couple nominated under paragraph (1) or (2); and where Article 22A(7) applies, references to the nominated member of such a couple are to the member of the couple to whom Article 22A(7) provides for the allowance to be payable.

(5) Nothing in this Article or Article 22A(7) affects the operation of any statutory provision by virtue of which any amount of the allowance is required or authorised to be paid to someone other than the nominated member of the couple.F25

Amount payable by way of a jobseeker's allowanceN.I.

6.-(1) In the case of a contribution-based jobseeker's allowance, the amount payable in respect of a claimant ( "his personal rate") shall be calculated by-

(a)determining the age-related amount applicable to him; and

(b)making prescribed deductions in respect of earnings [F26, pension payments, PPF payments and FAS payments] .

(2) The age-related amount applicable to a claimant, for the purposes of paragraph (1)(a), shall be determined in accordance with regulations.

(3) In the case of an income-based jobseeker's allowance[F27 (other than a joint-claim jobseeker's allowance)], the amount payable shall be-

(a)if a claimant has no income, the applicable amount;

(b)if a claimant has an income, the amount by which the applicable amount exceeds his income.

In the case of a joint-claim jobseeker's allowance, the amount payable in respect of a joint-claim couple shall be-

(a)if the couple have no income, the applicable amount;

(b)if the couple have an income, the amount by which the applicable amount exceeds the couple's income.]

Except in prescribed circumstances, a jobseeker's allowance shall not be payable where the amount otherwise payable would be less than a prescribed minimum.

(5) The applicable amount shall be such amount or the aggregate of such amounts as may be determined in accordance with regulations.

(6) Where a claimant[F27 is entitled to both a contribution-based jobseeker's allowance and an income-based jobseeker's allowance] but has no income, the amount payable[F27 by way of a jobseeker's allowance] shall be-

(a)the applicable amount, if that is greater than his personal rate; and

(b)his personal rate, if it is not.

(7) Where the amount payable to a claimant to whom paragraph (6) apples is the applicable amount, the amount payable to him by way of a jobseeker's allowance shall be taken to consist of two elements-

(a)one being an amount equal to his personal rate; and

(b)the other being an amount equal to the excess of the applicable amount over his personal rate.

(8) Where a claimant[F27 is entitled to both a contribution-based jobseeker's allowance and an income-based conditions] and has an income, the amount payable[F27 by way of a jobseeker's allowance] shall be-

(a)the amount by which the applicable amount exceeds his income, if the amount of that excess is greater than his personal rate; and

(b)his personal rate, if it is not.

(9) Where the amount payable to a claimant to whom paragraph (8) applies is the amount by which the applicable amount exceeds his income, the amount payable to him by way of a jobseeker's allowance shall be taken to consist of two elements-

(a)one being an amount equal to his personal rate; and

(b)the other being an amount equal to the amount by which the difference between the applicable amount and his income exceeds his personal rate.

(10) The element of a jobseeker's allowance mentioned in paragraph (7)(a) and that mentioned in paragraph (9)(a) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant's entitlement to a contribution-based jobseeker's allowance.

(11) The element of a jobseeker's allowance mentioned in paragraph (7)(b) and that mentioned in paragraph (9)(b) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the claimant's entitlement to an income-based jobseeker's allowance.

In paragraphs (6) to (11) "claimant" does not include-

(a)a joint-claim couple, or

(b)a member of such a couple (other than a person to whom regulations under Article 3(2C) apply);

but Article 6A, which contains corresponding provisions relating to joint-claim couples, applies instead.]

Regulations under paragraph (5) may provide that, in prescribed cases, an applicable amount is to be nil.

[F28Amount payable in respect of joint-claim coupleN.I.

6A.-(1) This Article applies where-

(a)a joint-claim couple are entitled to a joint-claim jobseeker's allowance, and

(b)one or each of the members of the couple is in addition entitled to a contribution-based jobseeker's allowance;

and in such a case the provisions of this Article have effect in relation to the couple in place of Article 6(3A).

If a joint-claim couple falling within paragraph (1) have no income, the amount payable in respect of the couple by way of a jobseeker's allowance shall be-

(a)the applicable amount, if that is greater than the couple's personal rate; and

(b)the couple's personal rate, if it is not.

Where the amount payable in accordance with paragraph (2) is the applicable amount, the amount payable in respect of the couple by way of a jobseeker's allowance shall be taken to consist of two elements-

(a)one being an amount equal to the couple's personal rate; and

(b)the other being an amount equal to the excess of the applicable amount over the couple's personal rate.

Where the amount payable in accordance with paragraph (2) is the couple's personal rate, then-

(a)if each member of the couple is entitled to a contribution-based jobseeker's allowance, an amount equal to the member's own personal rate shall be payable in respect of the member by way of such an allowance;

(b)if only one of them is so entitled, an amount equal to that member's personal rate shall be payable in respect of the member by way of such an allowance;

and in either case nothing shall be payable in respect of the couple by way of a joint-claim jobseeker's allowance.

If a joint-claim couple falling within paragraph (1) have an income, the amount payable in respect of the couple by way of a jobseeker's allowance shall be-

(a)the amount by which the applicable amount exceeds the couple's income, if the amount of that excess is greater than the couple's personal rate; and

(b)the couple's personal rate, if it is not.

Where the amount payable in accordance with paragraph (5) is the amount by which the applicable amount exceeds the couple's income, the amount payable in respect of the couple by way of a jobseeker's allowance shall be taken to consist of two elements-

(a)one being an amount equal to the couple's personal rate; and

(b)the other being an amount equal to the amount by which the difference between the applicable amount and the couple's income exceeds the couple's personal rate.

Where the amount payable in accordance with paragraph (5) is the couple's personal rate, paragraph (4) shall apply as it applies in a case where the amount payable in accordance with paragraph (2) is that rate.

The element of a jobseeker's allowance mentioned in paragraph (3)(a) and that mentioned in paragraph (6)(a) shall be treated, for the purpose of identifying the source of the allowance, as attributable-

(a)in a case where only one member of the joint-claim couple is entitled to a contribution-based jobseeker's allowance, to that member's entitlement to such an allowance; and

(b)in a case where each member of the couple is entitled to a contribution-based jobseeker's allowance, rateably according to their individual entitlements to such an allowance.

The element of a jobseeker's allowance mentioned in paragraph (3)(b) and that mentioned in paragraph (6)(b) shall be treated, for the purpose of identifying the source of the allowance, as attributable to the couple's entitlement to a joint-claim jobseeker's allowance.

In this Article "the couple's personal rate", in relation to a joint-claim couple, means-

(a)where only one member of the couple is entitled to a contribution-based jobseeker's allowance, that member's personal rate;

(b)where each member of the couple is entitled to such an allowance, the aggregate of their personal rates.]

Duration of a contribution-based jobseeker's allowanceN.I.

7.-(1) The period for which a person is entitled to a contribution-based jobseeker's allowance shall not exceed, in the aggregate, 182 days in any period for which his entitlement is established by reference (under Article 4(1)(b)) to the same two years.

(2) The fact that a person's entitlement to a contribution-based jobseeker's allowance ( "his previous entitlement") has ceased as a result of paragraph (1) does not prevent his being entitled to a further contribution-based jobseeker's allowance if-

(a)he satisfies the contribution-based conditions; and

(b)the two years by reference to which he satisfies those conditions include at least one year which is later than the second of the two years by reference to which his previous entitlement was established.

(3) Regulations may provide that a person who would be entitled to a contribution-based jobseeker's allowance but for the operation of prescribed provisions of, or made under, this Order shall be treated as if entitled to the allowance for the purposes of this Article.

JobseekingN.I.

Availability for employmentN.I.

8.-(1) For the purposes of this Order, a person is available for employment if he is willing and able to take up immediately any employed earner's employment.

(2) Paragraph (1) is subject to such provisions as may be made by regulations; and those regulations may, in particular, provide that a person-

(a)may restrict his availability for employment in any week in such ways as may be prescribed; or

(b)may restrict his availability for employment in any week in such circumstances as may be prescribed (for example, on grounds of conscience, religious conviction or physical or mental condition or because he is caring for another person) and in such ways as may be prescribed.

(3) The following are examples of restrictions for which provision may be made by the regulations-

(a)restrictions on the nature of the employment for which a person is available;

(b)restrictions on the periods for which he is available;

(c)restrictions on the terms or conditions of employment for which he is available;

(d)restrictions on the locality or localities within which he is available.

(4) Regulations may prescribe circumstances in which, for the purposes of this Order, a person is or is not to be treated as available for employment.

(5) Regulations under paragraph (4) may, in particular, provide for a person who is available for employment-

(a)only in his usual occupation,

(b)only at a level of remuneration not lower than that which he is accustomed to receive, or

(c)only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive,

to be treated, for a permitted period, as available for employment.

(6) Where it has been determinedF29 ( "the first determination") that a person is to be treated, for the purposes of this Order, as available for employment in any week, the question whether he is available for employment in that week may be subsequently determinedF30 on a review of the first determination.

(7) In this Article "permitted period", in relation to any person, means such period as may be determined in accordance with the regulations made under paragraph (4).

(8) Regulations under paragraph (4) may prescribe, in relation to permitted periods-

(a)the day on which any such period is to be regarded as having begun in any case;

(b)the shortest and longest periods which may be determined in any case;

(c)factors which an adjudication officer may take into account in determining the period in any case.

(9) For the purposes of this Article "employed earner's employment" has the same meaning as in the Benefits Act.

Actively seeking employmentN.I.

9.-(1) For the purposes of this Order, a person is actively seeking employment in any week if he takes in that week such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment.

(2) Regulations may make provision-

(a)with respect to steps which it is reasonable, for the purposes of paragraph (1), for a person to be expected to have to take in any week;

(b)as to circumstances (for example, his skills, qualifications, abilities and physical or mental limitations) which, in particular, are to be taken into account in determining whether, in relation to any steps taken by a person, the requirements of paragraph (1) are satisfied in any week.

(3) Regulations may make provision for acts of a person which would otherwise be relevant for purposes of this Article to be disregarded in such circumstances (including circumstances constituted by, or connected with, his behaviour or appearance) as may be prescribed.

(4) Regulations may prescribe circumstances in which, for the purposes of this Order, a person is to be treated as actively seeking employment.

(5) Regulations under paragraph (4) may, in particular, provide for a person who is actively seeking employment-

(a)only in his usual occupation,

(b)only at a level of remuneration not lower than that which he is accustomed to receive, or

(c)only in his usual occupation and at a level of remuneration not lower than that which he is accustomed to receive,

to be treated, for the permitted period determined in his case for the purposes of Article 8(5), as actively seeking employment during that period.

(6) Regulations may provide for this Article, and any regulations made under it, to have effect in relation to a person who has reached the age of 16 but not the age of 18 as if "employment" included "training".

(7) Where it has been determinedF31 ( "the first determination") that a person is to be treated, for the purposes of this Order, as actively seeking employment in any week, the question whether he is actively seeking employment in that week may subsequently be determinedF32 on a review of the first determination.

(8) For the purposes of this Article-

• "employment" means employed earner's employment or, in prescribed circumstances-

  (a)

  self-employed earner's employment; or

  (b)

  employed earner's employment and self-employed earner's employment; and "employed earner's employment" and

• "self-employed earner's employment" have the same meanings as in the Benefits Act.

Attendance, information and evidenceN.I.

10.-(1) Regulations may make provision for requiring a claimant[F33 (other than a joint-claim couple claiming a joint-claim jobseeker's allowance)]

(a)To attend at such place and at such time as[F33 an employment officer] may specify; and

(b)to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment.

Regulations may make provision-

(a)for requiring each member of a joint-claim couple claiming a joint-claim jobseeker's allowance to attend at such place and such time as the Department, or any other Department, may specify;

(b)for requiring a member of such a couple to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment;

(c)for requiring such a couple to jointly provide information and such evidence as may be prescribed as to the circumstances of each or either member of the couple, the availability for employment of each or either member of the couple and the extent to which each or either member of the couple is actively seeking employment;

(d)where any requirement to provide information or evidence is imposed on such a couple by virtue of sub-paragraph (c), for the joint obligation of the couple to be capable of being discharged by the provision of the information or evidence by one member of the couple.]

Regulations under paragraph (1)[F33 or (1A)] may, in particular-

(a)prescribe circumstances in which entitlement to a jobseeker's allowance is to cease in the case of a claimant who[F33, or (as the case may be) a joint-claim couple claiming a joint-claim jobseeker's allowance a member of which,] fails to comply with any regulations made under that paragraph;

(b)provide for entitlement to cease at such time (after he[F33 or, as the case may be, a member of the joint-claim couple] last attended in compliance with requirements of the kind mentioned in paragraph (1)(a)[F33 or (1A)(a)]) as may be determined in accordance with any such regulations;

[F33(c)provide for entitlement not to cease if the claimant or (as the case may be) either member of the joint-claim couple shows, within a prescribed period of the failure to comply on the part of the claimant or (as the case may be) a member of the couple, that the claimant or (as the case may be) the defaulting member of the couple had good cause for that failure; and]

(d)prescribe-

(i)matters which are, or are not, to be taken into account in determining whether a person has, or does not have, good cause for failing to comply with any such regulations; and

(ii)circumstances in which a person is, or is not, to be regarded as having, or not having, good cause for failing to comply with any such regulations.

In paragraph (1) "employment officer" means an officer of the Department, an officer of any other Department, or such other person as may be designated for the purposes of that paragraph by an order made by the Department.]

The jobseeker's agreementN.I.

11.-(1) An agreement which is entered into by a claimant and an employment officer and which complies with the prescribed requirements in force at the time when the agreement is made is referred to in this Order as "a jobseeker's agreement".

(2) A jobseeker's agreement shall have effect only for the purposes of Article 3.

(3) A jobseeker's agreement shall be in writing and be signed by both parties.

(4) A copy of the agreement shall be given to the claimant.

(5) An employment officer shall not enter into a jobseeker's agreement with a claimant unless, in the officer's opinion, the conditions mentioned in Article 3(2)(a) and (c) would be satisfied with respect to the claimant if he were to comply with, or be treated as complying with, the proposed agreement.

(6) The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed jobseeker's agreement toF34 an adjudication officer for him to determine-

(a)whether, if the claimant concerned were to comply with the proposed agreement, he would satisfy-

(i)the condition mentioned in Article 3(2)(a), or

(ii)the condition mentioned in Article 3(2)(c); and

(b)whether it is reasonable to expect the claimant to have to comply with the proposed agreement.

(7) An adjudication officer to whom a reference is made under paragraph (6)-

(a)shall so far as practicable dispose of it in accordance with this Article before the end of the period of 14 days from the date of the reference;

(b)may give such directions, with respect to the terms on which the employment officer is to enter into a jobseeker's agreement with the claimant, as the adjudication officer considers appropriate;

(c)may direct that, if such conditions as he considers appropriate are satisfied, the proposed jobseeker's agreement is to be treated (if entered into) as having effect on such date, before it would otherwise have effect, as may be specified in the direction.

(8) Regulations may provide-

(a)for such matters as may be prescribed to be taken into account by an adjudication officer in giving a direction under paragraph (7)(c); and

(b)for such persons as may be prescribed to be notified of-

(i)any determination of an adjudication officer under this Article;

(ii)any direction given by an adjudication officer under this Article.

Any determination of adjudication officer under this Article shall be binding.

(10) Regulations may provide that, in prescribed circumstances, a claimant is to be treated as having satisfied the condition mentioned in Article 3(2)(b).

(11) Regulations may provide that, in prescribed circumstances, a jobseeker's agreement is to be treated as having effect on a date, to be determined in accordance with the regulations, before it would otherwise have effect.

(12) Except in such circumstances as may be prescribed, a jobseeker's agreement entered into by a claimant shall cease to have effect on the coming to an end of an award of a jobseeker's allowance made to him[F36 or to a joint-claim couple of which he is a member.].

(13) In this Article and Article 12 "employment officer" means an officer of the Department or such other person as may be designated for the purposes of this Article by an order made by the Department.

Variation of jobseeker's agreementN.I.

12.-(1) A jobseeker's agreement may be varied, in the prescribed manner, by agreement between the claimant and any employment officer.

(2) Any agreement to vary a jobseeker's agreement shall be in writing and be signed by both parties.

(3) A copy of the agreement, as varied, shall be given to the claimant.

(4) An employment officer shall not agree to a variation of a jobseeker's agreement, unless, in the officer's opinion, the conditions mentioned in Article 3(2)(a) and (c) would continue to be satisfied with respect to the claimant if he were to comply with, or be treated as complying with, the agreement as proposed to be varied.

(5) The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed variation of a jobseeker's agreement toF37 an adjudication officer for him to determine-

(a)whether, if the claimant concerned were to comply with the agreement as proposed to be varied, he would satisfy-

(i)the condition mentioned in Article 3(2)(a), or

(ii)the condition mentioned in Article 3(2)(c); and

(b)whether it is reasonable to expect the claimant to have to comply with the agreement as proposed to be varied.

(6) An adjudication officer to whom a reference is made under paragraph (5)-

(a)shall so far as practicable dispose of it in accordance with this Article before the end of the period of 14 days from the date of the reference;

(b)shall give such directions as he considers appropriate as to-

(i)whether the jobseeker's agreement should be varied, and

(ii)if so, the terms on which the claimant and the employment officer are to enter into an agreement to vary it;

(c)may bring the jobseeker's agreement to an end where the claimant fails, within a prescribed period, to comply with a direction given under sub-paragraph (b)(ii);

(d)may direct that, if-

(i)the jobseeker's agreement is varied, and

(ii)such conditions as he considers appropriate are satisfied,

the agreement as varied is to be treated as having effect on such date, before it would otherwise have effect, as may be specified in the direction.

(7) Regulations may provide-

(a)or such matters as may be prescribed to be taken into account by an adjudication officer in giving a direction under paragraph (6)(b) or (d); and

(b)for such persons as may be prescribed to be notified of-

(i)any determination of an adjudication officer under this Article;

(ii)any direction given by an adjudication officer under this Article.

Any determination of an adjudication officer under this Article shall be binding.

F39Jobseeker's agreement: reviews and appealsN.I.

13.-(1) Any determination of, or direction given by, an adjudication officer under Article 11 or 12 may be reviewed (by a different adjudication officer) on the application of the claimant or of an employment officer.

(2) Regulations may make provision with respect to the procedure to be followed on a review under this Article.

(3) The claimant may appeal to a social security appeal tribunal against any determination of, or direction given by, an adjudication officer on a review under this Article.

(4) A social security appeal tribunal determining an appeal under this Article may give a direction of a kind which an adjudication officer may give under Article 11(7)(b) or (c) or (as the case may be) Article 12(6)(b) or (d).

(5) Where a social security appeal tribunal gives a direction under paragraph (4) of a kind which may be given by an adjudication officer under Article 12(6)(b)(ii), an adjudication officer may bring the job seeker's agreement to an end if the claimant fails to comply with the direction within a prescribed period.

(6) An appropriate person may, on the ground that it was erroneous in point of law, appeal to a Commissioner against the decision of a social security appeal tribunal on an appeal under this Article.

(7) Any of the following is an appropriate person for the purposes of paragraph (6)-

(a)the claimant;

(b)an adjudication officer;

(c)in prescribed circumstances, a trade union;

(d)in prescribed circumstances, any other association which exists to promote the interests and welfare of its members.

(8) Subsections (7) to (10) of section 21 of the Administration Act (appeals to Commissioners) shall apply in relation to appeals under this Article as they apply in relation to appeals under that section.

(9) In this Article "Commissioner" has the same meaning as in the Administration Act.

Income and CapitalN.I.

Income and capital: generalN.I.

14.-(1) In relation to a claim for a jobseeker's allowance, the income and capital of a person shall be calculated or estimated in such manner as may be prescribed.

(2) A person's income in respect of a week shall be calculated in accordance with prescribed rules.

(3) The rules may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).

(4) Circumstances may be prescribed in which-

(a)a person is treated as possessing capital or income which he does not possess;

(b)capital or income which a person does possess is to be disregarded;

(c)income is to be treated as capital;

(d)capital is to be treated as income;

Income and capital: income-based jobseeker's allowanceN.I.

15.-(1) No person shall be entitled to an income-based jobseeker's allowance if his capital, or a prescribed part of it, exceeds the prescribed amount.

(2) Where a person claiming an income-based jobseeker's allowance is a member of a family, the income and capital of any member of that family shall, except in prescribed circumstances, be treated as the income and capital of the claimant.

Paragraphs (1) and (2) do not apply as regards a joint-claim jobseeker's allowance; but a joint-claim couple shall not be entitled to a joint-claim jobseeker's allowance if the couple's capital, or a prescribed part of it, exceeds the prescribed amount.

Where a joint-claim couple claim a joint-claim jobseeker's allowance-

(a)the couple's income and capital includes the separate income and capital of each of them; and

(b)the income and capital of any other person who is a member of any family of which the couple are members shall, except in prescribed circumstances, be treated as income and capital of the couple.]

Regulations may provide that capital not exceeding the amount prescribed under paragraph (1)[F40 or (2A)], but exceeding a prescribed lower amount, shall be treated, to a prescribed extent, as if it were income of a prescribed amount.

Trade disputesN.I.

Trade disputesN.I.

16.-(1) Where-

(a)there is a stoppage of work which causes a person not to be employed on any day, and

(b)the stoppage is due to a trade dispute at his place of work,

that person, is not entitled to a jobseeker's allowance for the week which includes that day unless he proves that he is not directly interested in the dispute.

(2) A person who withdraws his labour on any day in furtherance of a trade dispute, but to whom paragraph (1) does not apply, is not entitled to a jobseeker's allowance for the week which includes that day.

(3) If a person who is prevented by paragraph (1) from being entitled to a jobseeker's allowance proves that during the stoppage-

(a)he became bona fide employed elsewhere;

(b)his employment was terminated by reason of redundancy within the meaning of[F41 Article 174(1) of the Employment Rights (Northern Ireland) Order 1996], or

(c)he bona fide resumed employment with his employer but subsequently left for a reason other than the trade dispute,

paragraph (1) shall be taken to have ceased to apply to him on the occurrence of the event referred to in sub-paragraph (a) or (b) or (as the case may be) the first event referred to in sub-paragraph (c).

(4) In this Article "place of work", in relation to any person, means the premises or place at which he was employed.

(5) Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of paragraph (4), be deemed to be separate premises or (as the case may be) a separate place.

Effect on other claimantsN.I.

17.-(1) Except in prescribed circumstances, paragraph (2) applies in relation to a claimant for an income-based jobseeker's allowance where a member of his family ( "A") is, or would be, prevented by Article 16 from being entitled to a jobseeker's allowance.

(2) For the purposes of calculating the claimant's entitlement to an income-based jobseeker's allowance-

(a)any portion of the applicable amount which is included in respect of A shall be disregarded for the period for which this paragraph applies to the claimant;

(b)where the claimant and A are a[F42 couple], any portion of the applicable amount which is included in respect of them shall be reduced to one half for the period for which this paragraph applies to the claimant;

(c)except so far as regulations provide otherwise, there shall be treated as the claimant's income-

(i)any amount which becomes, or would on an application duly made become, available to A in relation to that period by way of repayment of income tax deducted from A's[F43 taxable earnings (as defined by section 10 of the Income Tax (Earnings and Pensions) Act 2003 under regulations made under section 684 of that Act (PAYE regulations)]; and

(ii)any other payment which the claimant or any member of his family receives or is entitled to obtain because A is without employment for that period; and

(d)any payment by way of a jobseeker's allowance for that period or any part of it which apart from this sub-paragraph would be made to the claimant-

(i)shall not be made, if the weekly rate of payment ( "the rate") would be equal to or less than the prescribed sum; and

(ii)shall be at a weekly rate equal to the difference between the rate and the prescribed sum, if the rate would be more than the prescribed sum.

(3) Where a reduction under paragraph (2)(b) would not produce a sum which is a multiple of 5p, the reduction shall be to the nearest lower sum which is such a multiple.

(4) Where A returns to work with the same employer after a period during which paragraph (2) applied to the claimant (whether or not his return is before the end of any stoppage of work in relation to which he is, or would be, prevented from being entitled to a jobseeker's allowance), paragraph (2) shall cease to apply to the claimant at the commencement of the day on which A returns to work.

(5) In relation to any period of less than a week, paragraph (2) shall have effect subject to such modifications as may be prescribed.

(6) Paragraphs (7) to (9) apply where an order made under section 132 of the Administration Act (annual up-rating of benefits) has the effect of increasing the sum prescribed in regulations made under Article 6(5) as the personal allowance for a single person aged not less than 25 ( "the personal allowance").

(7) For the sum prescribed in regulations made under paragraph (2)(d) there shall be substituted, from the time when the order comes into operation, a sum arrived at by increasing the prescribed sum by the percentage by which the personal allowance has been increase by the order.

(8) If the sum arrived at under paragraph (7) is not a multiple of 50p-

(a)any remainder of 25p or less shall be disregarded;

(b)any remainder of more than 25p shall be rounded up to the nearest 50p.

(9) The order shall state the sum substituted for the sum prescribed in regulations made under paragraph (2)(d).

(10) Nothing in paragraph (7) prevents the making of further regulations under paragraph (2)(d) varying the prescribed sum.

[F44Trade disputes: joint-claim couplesN.I.

17A.-(1) Articles 16 and 17 shall, in relation to a joint-claim couple claiming a joint-claim jobseeker's allowance, apply in accordance with this Article.

Where each member of the couple is prevented by Article 16 from being entitled to a jobseeker's allowance, the couple are not entitled to a joint-claim jobseeker's allowance.

But where only one member of the couple is prevented by that Article from being entitled to a jobseeker's allowance, the couple are not for that reason alone prevented from being entitled to a joint-claim jobseeker's allowance.

Article 17(1) does not have effect in relation to the couple but, except in prescribed circumstances, Article 17(2) applies for the purposes of calculating the couple's entitlement to a joint-claim jobseeker's allowance where-

(a)a member of the couple, or

(b)any other person who is a member of any family of which the couple are members,

is, or would be, prevented by Article 16 from being entitled to a jobseeker's allowance.

Where Article 17(2) applies in relation to the couple by virtue of paragraph (4), that provision and Article 17(4) apply with the following modifications-

(a)references to the claimant are to be taken as references to the couple;

(b)references to "A" are to the person mentioned in paragraph (4)(a) or (b);

(c)Article 17(2)(b) has effect as if for "where the claimant and A are a [F45couple]," there were substituted "where A is a member of the couple,"; and

(d)Article 17(2)(c)(ii) has effect as if for "of his family" there were substituted "of any family of which the couple are members".]

Persons under 18N.I.

Severe hardshipN.I.

18.-(1) If it appears to the Department-

(a)that a person-

(i)has reached the age of 16 but not the age of 18,

(ii)is not entitled to a jobseeker's allowance or to income support, and

(iii)is registered for training but is not being provided with any training, and

(b)that severe hardship will result to him unless a jobseeker's allowance is paid to him, the Department may direct that this Article is to apply to him.

(2) A direction may be given so as to have effect for a specified period.

(3) The Department may revoke a direction if-

(a)it appears to the Department that there has been a change of circumstances as a result of which failure to receive a jobseeker's allowance need no longer result in severe hardship to the person concerned;

F46(b)it appears to the Department that the person concerned-

(i)failed to pursue an opportunity of obtaining training, or

(ii)rejected an offer of training,

and has not shown good reason for doing so; or

(c)the Department is satisfied that it was given in ignorance of some material fact or was based on a mistake as to some material fact and considers that, but for the ignorance or mistake, the Department would not have given the direction.

In this Article-

"period" includes-

(a)a period of a determinate length;

(b)a period defined by reference to the happening of a future event; and

(c)a period of a determinate length but subject to earlier determination upon the happening of a future event.

Reduced paymentsN.I.

19.-(1) Regulations may provide for the amount of an income-based jobseeker's allowance[F47 payable in respect of] any young person to whom this Article applies to be reduced-

(a)in such circumstances,

(b)by such a percentage, and

(c)for such a period,

as may be prescribed.

Regulations may provide for the amount of a joint-claim jobseeker's allowance payable in respect of any joint-claim couple where a member of the couple is a young person to whom this Article applies to be reduced-

(a)in such circumstances,

(b)by such a percentage, and

(c)for such a period,

as may be prescribed.]

This Article applies to any young person in respect of whom-

(a)a direction is in force under Article 18; and

(b)F48either of the conditions mentioned in paragraph (3) is satisfied.

(3) The conditions are that-

(a)the young person was previously entitled to an income-based jobseeker's allowance and that entitlement ceased by virtue of the revocation of a direction under Article 18;

(b)he has failed to complete a course of training and no certificate has been issued to him under paragraph (4) with respect to that failure.

Where a young person who has failed to complete a course of training-

(a)claims that there was good cause for the failure, and

(b)applies to the Department for a certificate under this paragraph,

the Department shall, if it is satisfied that there was good cause for the failure, issue a certificate to that effect and give a copy of it to the young person.

In this Article "young person" means a person who has reached the age of 16 but not the age of 18.

Recovery of overpaymentsN.I.

20. In the Administration Act, insert after section 69-

Denial of jobseeker's allowanceN.I.

Circumstances in which a jobseeker's allowance is not payableN.I.

21.-(1) Even though the conditions for entitlement to a jobseeker's allowance are satisfied with respect to a person, the allowance shall not be payable in any of the circumstances mentioned in paragraph (5) or (6).

Subject to Article 22A(9), this Article does not apply as regards a joint-claim jobseeker's allowance (but Articles 22A and 22B make, in relation to such an allowance, provision corresponding to that made by this Article and Article 22).]

If the circumstances are any of those mentioned in paragraph (5), the period for which the allowance is not to be payable shall be such period (of at least one week but not more than 26 weeks) as may be prescribed.

(3) If the circumstances are any of those mentioned in paragraph (6), the period for which the allowance is not to be payable shall be such period (of at least one week but not more than 26 weeks) as may be determined byF50 the adjudication officer.

(4) Regulations may prescribe-

(a)circumstances which an adjudication officer is to take into account, and

(b)circumstances which he is not to take into account, in determining a period under paragraph (3).

(5) The circumstances referred to in paragraphs (1) and (2) are that the claimant-

(a)has, without good cause, refused or failed to carry out any jobseeker's direction which was reasonable, having regard to his circumstances,

(b)has, without good cause-

(i)neglected to avail himself of a reasonable opportunity of a place on a training scheme or employment programme;

(ii)after a place on such a scheme or programme has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him;

(iii)given up a place on such a scheme or programme; or

(iv)failed to attend such a scheme or programme on which he has been given a place; or

(c)has lost his place on such a scheme or programme through misconduct.

(6) The circumstances referred to in paragraphs (1) and (3) are that the claimant-

(a)has lost his employment as an employed earner through misconduct;

(b)has voluntarily left such employment without just cause;

(c)has, without good cause, after a situation in any employment has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him; or

(d)has, without good cause, neglected to avail himself of a reasonable opportunity of employment.

(7) In such circumstances as may be prescribed, including in particular where he has been dismissed by his employer by reason of redundancy within the meaning of[F51 Article 174(1) of the Employment Rights (Northern Ireland) Order 1996] after volunteering or agreeing to be so dismissed, a person who might otherwise be regarded as having left his employment voluntarily is to be treated as not having left voluntarily.

(8) Regulations may-

(a)prescribe matters which are, or are not, to be taken into account in determining whether a person-

(i)has, or does not have, good cause for any act or omission; or

(ii)has, or does not have, just cause for any act or omission; or

(b)prescribe circumstances in which a person-

(i)is, or is not, to be regarded as having, or not having, good cause for any act or omission; or

(ii)is, or is not, to be regarded as having, or not having, just cause for any act or omission.

(9) Subject to any regulations under paragraph (8), in determining whether a person has, or does not have, good cause or (as the case may be) just cause for any act or omission, any matter relating to the level of remuneration in the employment in question shall be disregarded.

(10) In this Article-

(a)"employment officer" means an officer of the Department or such other person as may be designated for the purposes of this Article by an order made by the Department;

(b)"jobseeker's direction" means a direction in writing given by an employment officer with a view to achieving one or both of the following-

(i)assisting the claimant to find employment;

(ii)improving the claimant's prospects of being employed; and

(c)"training scheme" and "employment programme" have such meaning as may be prescribed.

Exemptions from Article 21N.I.

22.-(1) Nothing in Article 21, or in regulations under that Article, shall be taken to prevent payment of a jobseeker's allowance merely because the claimant refuses to seek or accept employment in a situation which is vacant in consequence of a stoppage of work due to a trade dispute.

(2) Article 21 does not apply, in the circumstances mentioned in paragraph (5) of that Article, if-

(a)a direction is in force under Article 18 with respect to the claimant; and

(b)he has acted in such a way as to risk-

(i)having that direction revoked under paragraph (3)(b) of Article 18; or

(ii)having the amount of his jobseeker's allowance reduced by virtue of Article 19, becauseF52 he has failed to complete a course of training.

(3) Regulations shall make provision for the purpose of enabling any person of a prescribed description to accept any employed earner's employment without falling within Article 21(6)(b) or (d) should he leave that employment voluntarily and without just cause at any time during a trial period.

(4) In such circumstances as may be prescribed, an income-based jobseeker's allowance shall be[F53 payable in respect of] a claimant even though Article 21 prevents payment of a jobseeker's allowance to him.

(5) A jobseeker's allowance shall be payable by virtue of paragraph (4) only if the claimant has complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph.

(6) Regulations under paragraph (4) may, in particular, provide for a jobseeker's allowance payable by virtue of that paragraph to be-

(a)payable at a prescribed rate;

(b)payable for a prescribed period (which may differ from the period fixed under Article 21(2) or (3)).

(7) In paragraph (3), "trial period" has such meaning as may be prescribed.

(8) Regulations may make provision for determining, for the purposes of this Article, the day on which a person's employment is to be regarded as commencing.

[F54Denial or reduction of joint-claim jobseeker's allowanceN.I.

22A.-(1) Where this Article applies to a member of a joint-claim couple, that member of the couple shall be subject to sanctions for the purposes of this Article.

This Article applies to a member of a joint-claim couple if that member of the couple -

(a)has, without good cause, refused or failed to carry out any jobseeker's direction which was reasonable, having regard to his circumstances;

(b)has, without good cause-

(i)neglected to avail himself of a reasonable opportunity of a place on a training scheme or employment programme;

(ii)after a place on such a scheme or programme has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him;

(iii)given up a place on such a scheme or programme; or

(iv)failed to attend such a scheme or programme on which he has been given a place;

(c)has lost his place on such a scheme or programme through misconduct;

(d)has lost his employment as an employed earner through misconduct;

(e)has voluntarily left such employment without just cause;

(f)has, without good cause, after a situation in any employment has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him; or

(g)has, without good cause, neglected to avail himself of a reasonable opportunity of employment.

Where this Article applies to a member of a joint-claim couple by virtue of any of sub-paragraphs (a) to (c) of paragraph (2), the period for which he is to be subject to sanctions shall be such period (of at least one week but not more than 26 weeks) as may be prescribed.

Where this Article applies to a member of a joint-claim couple by virtue only of any of sub-paragraphs (d) to (g) of paragraph (2), the period for which he is to be subject to sanctions shall be such period (of at least one week but not more than 26 weeks) as may be determined by the Department.

Even though the conditions for entitlement to a joint-claim jobseeker's allowance are satisfied in relation to a joint-claim couple-

(a)the allowance shall not be payable for any period during which both members of the couple are subject to sanctions; and

(b)the amount of the allowance payable in respect of the couple for any period during which only one member of the couple is subject to sanctions shall be reduced to an amount calculated by the prescribed method ( "the reduced amount").

The method prescribed for calculating the reduced amount may, in particular, involve-

(a)deducting amounts from, or making percentage reductions of, the amount which would be the amount of the allowance if neither member of the couple were subject to sanctions;

(b)disregarding portions of the applicable amount;

(c)treating amounts as being income or capital of the couple.

During any period for which the amount of a joint-claim jobseeker's allowance payable in respect of a joint-claim couple is the reduced amount, the allowance shall be payable to the member of the couple who is not subject to sanctions.

Regulations may prescribe-

(a)circumstances which the Department is to take into account, and

(b)circumstances which it is not to take into account,

in determining a period under paragraph (4).

Paragraphs (7) to (10) of Article 21 apply for the purposes of this Article as for those of that Article but as if references in paragraph (10)(b) of that Article to the claimant were to the member of the joint-claim couple to whom paragraph (2)(a) applies.]

Exemptions from Article 22AN.I.

22B.-(1) Article 22A shall not be taken to apply to a member of a joint-claim couple merely because he has refused to seek or accept employment in a situation which is vacant in consequence of a stoppage of work due to a trade dispute.

(2) Article 22A does not apply to a member of a joint-claim couple by virtue of any of sub-paragraphs (a) to (c) of paragraph (2) of that Article if-

(a)a direction is in force under Article 18 with respect to that member of the couple; and

(b)he has acted in such a way as to risk-

(i)having that direction revoked under paragraph (3)(b) of Article 18, or

(ii)having the amount of the couple's entitlement to a joint-claim jobseeker's allowance reduced by virtue of Article 19 because the condition in Article 19(3)(b) or (c) is established.

(3) Regulations shall make provision for the purpose of enabling any person of a prescribed description to accept any employed earner's employment without Article 22A applying to him by virtue of sub-paragraph (e) or (g) of paragraph (2) of that Article should he leave that employment voluntarily and without just cause at any time during a trial period.

(4) In such circumstances as may be prescribed, a joint-claim jobseeker's allowance shall be payable in respect of a joint-claim couple even though Article 22A(5)(a) prevents payment of such a jobseeker's allowance to the couple.

(5) A jobseeker's allowance shall be payable by virtue of paragraph (4) only if the couple have complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph.

(6) Regulations under paragraph (4) may, in particular, provide for a jobseeker's allowance payable by virtue of that paragraph to be-

(a)payable at a prescribed rate;

(b)payable for a prescribed period (which may differ from the period during which both members of the couple are subject to sanctions for the purposes of Article 22A).

(7) In paragraph (3), "trial period" has such meaning as may be prescribed.

(8) Regulations may make provision for determining, for the purposes of this Article, the day on which a person's employment is to be regarded as commencing.F55

MiscellaneousN.I.

Supplementary provisionsN.I.

23. Further provisions in relation to a jobseeker's allowance are set out in Schedule 1.

Members of the forcesN.I.

24.-(1) Regulations may modify any provision of this Order, in such manner as the Secretary of State thinks proper, in its application to persons who are or have been members of Her Majesty's forces.

(2) The regulations may, in particular, provide for Article 21(6)(b) not to apply in relation to a person who is discharged from Her Majesty's forces at his own request.

(3) For the purposes of this Article, Her Majesty's forces shall be taken to consist of such establishments and organisations in which persons serve under the control of the Defence Council as may be prescribed by regulations made by the Secretary of State.

(4) The power to make regulations under this Article is exercisable by statutory instrument.

Recovery of sums in respect of maintenanceN.I.

25.-(1) Regulations may make provision for the court to have power to make a recovery order against any person where an award of income-based jobseeker's allowance has been made to that person's spouse[F56 or civil partner].

(2) In this Article "recovery order" means an order requiring the person against whom it is made to make payments to the Department or to such other person or persons as the court may determine.

(3) Regulations under this Article may make provision for the transfer by the Department of the right to receive payments under, and to exercise rights in relation to, a recovery order.

(4) Regulations made under this Article may, in particular, include provision-

(a)as to the matters to which the court is, or is not, to have regard in determining any application under the regulations; and

(b)as to the enforcement of recovery orders.

(5) In this Article, "the court" means a court of summary jurisdiction.

Effect of alteration of ratesN.I.

26. In the Administration Act, insert after section 139-

Age increasesN.I.

27. In the Administration Act, insert after section 140-

Part IIIN.I.Back to Work Schemes

The back to work bonusN.I.

28.-(1) Regulations may make provision for the payment, in prescribed circumstances, of sums to or in respect of persons who are or have been entitled to a jobseeker's allowance or to income support.

(2) A sum payable under the regulations shall be known as "a back to work bonus".

(3) [F57Subject to section 677 of the Income tax (Earnings and Pensions) Act 2003 (which provides for a back to work bonus not to be taxable)], a back to work bonus shall be treated for all purposes as payable by way of a jobseeker's allowance or (as the case may be) income support.

(4) The regulations may, in particular, provide for-

(a)a back to work bonus to be payable only on the occurrence of a prescribed event;

(b)a bonus not to be payable unless a claim is made before the end of the prescribed period;

(c)the amount of a bonus (subject to any maximum prescribed by virtue of sub-paragraph (g)) to be determined in accordance with the regulations;

(d)enabling amounts to be calculated by reference to periods of entitlement to a jobseeker's allowance and periods of entitlement to income support;

(e)treating a bonus as payable wholly by way of income support or wholly by way of a jobseeker's allowance, in a case where amounts have been calculated in accordance with provision made by virtue of sub-paragraph (d);

(f)keeping persons who may be entitled to a bonus informed of the amounts calculated in accordance with any provision of the regulations made by virtue of sub-paragraph (c);

(g)the amount of a bonus not to exceed a prescribed maximum;

(h)a bonus not to be payable if the amount of the bonus which would otherwise be payable is less than the prescribed minimum;

(i)prescribed periods to be disregarded for prescribed purposes;

(j)a bonus which has been paid to a person to be treated, in prescribed circumstances and for prescribed purposes, as income or capital of his or of any other member of his family;

(k)treating the whole or a prescribed part of an amount which has accrued towards a person's bonus-

(i)as not having accrued towards his bonus; but

(ii)as having accrued towards the bonus of another person;

(l)the whole or a prescribed part of a back to work bonus to be payable, in such circumstances as may be prescribed, to such person, other than the person who is or had been entitled to a jobseeker's allowance or to income support, as may be determined in accordance with the regulations.

Employment of long-term unemployed: deductions by employersN.I.

29.-(1) An employee is a "qualifying employee" in relation to his employer for the purposes of this Article if, immediately before beginning his employment with that employer, he had been entitled to a jobseeker's allowance for a continuous period of not less than two years.

(2) An employee is also a "qualifying employee" in relation to his employer for the purposes of this Article if-

(a)immediately before beginning his employment with that employer, he had been unemployed for a continuous period of not less than two years;

(b)he is under pensionable age; and

(c)he falls within a prescribed description of person.

(3) Regulations may make provision for any employer who employs a person who is a qualifying employee in relation to him, to make deductions from the employer's contributions payments in accordance with the regulations and in prescribed circumstances.

(4) Those regulations may, in particular, make provision as to the period for which deductions may be made by an employer.

(5) Regulations may provide, in relation to cases where an employer is a qualifying employee in relation to more than one employer at the same time, for the right to make deductions to be confined to one employer-

(a)determined in accordance with the regulations; and

(b)certified by the[F58 Commissioners of Inland Revenue] Department, in accordance with the regulations, to be the employer entitled to make those deductions.

(6) Regulations may-

(a)provide that, in prescribed circumstances, a person who would not otherwise satisfy the condition in paragraph (1) is to be treated as satisfying it;

(b)provide that, in prescribed circumstances, a person who would not otherwise satisfy the condition in paragraph (2)(a) is to be treated as satisfying it;

(c)prescribe circumstances in which, for prescribed purposes, two or more employers are to be treated as one;

(d)make provision for the payment, in prescribed circumstances, by the[F58 Commissioners of Inland Revenue], of sums to employers who are unable to make the whole or part of any deductions which they are entitled to make;

(e)require persons to maintain such records in connection with deductions made by them as may be prescribed;

(f)require persons who have made deductions to furnish to the[F58 Commissioners of Inland Revenue] such documents and information, at such time, as may be prescribed.

(7) Where, in accordance with any provision of regulations made under this Article, an amount has been deducted from an employer's contributions payments, the amount so deducted shall (except in such cases as may be prescribed) be treated for the purposes of any provision made by or under any enactment in relation to primary or secondary Class 1 contributions as having been-

(a)paid (on such date as may be determined in accordance with the regulations); and

(b)received by the[F58 Commissioners of Inland Revenue],

towards discharging the employer's liability in respect of such contributions.

(8) In this Article-

"contributions payments", in relation to an employer, means the aggregate of the payments which he is required to make by way of primary or secondary Class 1 contributions;

"deductions" means deductions made in accordance with regulations under paragraph (3);

"employee" and "employer" have such meaning as may be prescribed.

[F58"prescribed" means specified in or determined in accordance with regulations;and

"regulations" means regulations made by the Treasury]

F59Expedited claims for housing benefitN.I.

30.-(1) This Article provides for the making of regulations to enable priority to be given to certain persons with a view to claims for housing benefit made by or in respect of persons who cease to be entitled to a jobseekers's allowance or income support being dealt with quickly.

(2) In section 61 of the Administration Act (adjudication of claims for housing benefit), insert after subsection (2)-

"(2A) Regulations may make provision requiring the Housing Executive, where claims for housing benefit are made to it by, or in respect of, persons how have been entitled to a jobseeker's allowance or to income support to give priority, in prescribed circumstances, to those claims over other claims for that benefit." .

Pilot schemesN.I.

31.-(1) Any regulations to which this paragraph applies may be made so as to have effect for a specified period not exceeding 12 months.

(2) Any regulations which, by virtue of paragraph (1), are to have effect for a limited period are referred to in this Article as "a pilot scheme".

(3) A pilot scheme may provide that its provisions are to apply only in relation to-

(a)one or more specified areas or localities;

(b)one or more specified classes of person;

(c)persons selected-

(i)by reference to prescribed criteria; or

(ii)on a sampling basis.

(4) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

(5) A pilot scheme ( "the previous scheme") may be replaced by a further pilot scheme making the same, or similar, provision (apart from the specified period) to that made by the previous scheme.

(6) Subject to paragraph (8), paragraph (1) applies to-

(a)regulations made under this Order, other than-

(i)regulations made under Article 6(2) or (5) which have the effect of reducing any age-related amount or applicable amount; or

(ii)regulations made under Article 29;

(b)regulations made under the Administration Act, so far as they relate to a jobseekers's allowance;

(c)regulations made under Part VII of the Benefits Act (income-related benefits), other than any mentioned in paragraph (7); and

(d)regulations made under the Administration Act, so far as they relate to income-related benefits payable under Part VII of the Benefits Act.

(7) The regulations referred to in paragraph (6)(c) are-

(c)regulations under section 129(4) of that Act which have the effect of reducing the appropriate maximum housing benefit; and

(d)regulations reducing any of the sums prescribed under section 131(1) of that Act.

(8) Paragraph (1) applies only if the regulations are made with a view to ascertaining whether their provisions will, or will be likely to, encourage persons to obtain or remain in work or will, or will be likely to, facilitate the obtaining by persons of work or their remaining in work.

Part IVN.I.Miscellaneous and Supplemental

Termination of awardsN.I.

32.-(1) Regulations may make provision allowing, in prescribed circumstances, an award of income support to be brought to an end byF60 an adjudication officer where the person to whom it was made, or where he is a member of a[F61 couple] his partner[F62 or the couple], will be entitled to a jobseeker's allowance if the award is brought to an end.

(2) Regulations may make provision allowing, in prescribed circumstances, an award of a jobseeker's allowance to be brought to an end by an adjudication officer where the person to whom it was made, or where he is a member of a[F61 couple] his partner[F62 or where the award was made to a couple a member of the couple,], will be entitled to income support if the award is brought to an end.

(3) In this Article "partner" means the other member of the couple concerned.

InsolvencyN.I.

33.-(1) In section 69 of the Administration Act (overpayments), after subsection (10) insert-

(2) In section 74 of the Administration Act (recovery of social fund awards), after subsection (3) insert-

Art. 34 rep. 2000 c. 4 (NI)

OffencesN.I.

35. Para.(1) rep. by 1997 NI 11

• Paras. (2), (3) rep. by 2000 c. 4 (NI)

• Para.(4) rep. by 1997 NI 11

• Paras. (5)-�(7) rep. by 2000 c. 4 (NI)

Regulations and ordersN.I.

36.-(1) Where any power under this Order to make regulations or orders is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(2) Any such power includes power-

(a)to make such incidental, supplemental, consequential or transitional provision as appears to the Department or Secretary of State[F63 or (in the case of regulations made by the Treasury) to the Treasury,] to be expedient; and

(b)to provide for a person to exercise a discretion in dealing with any matter.

(3) Any power to make regulations or an order for the purposes of any provision of this Order is without prejudice to any power to make regulations or an order for the purposes of any other provision.

Assembly, etc. controlN.I.

37.-(1) Paragraph (2) applies in relation to the following regulations (whether made alone or with other regulations)-

(a)regulations made under any provision of this Order other than-

(i)Article 8, 9, 28,[F64 29,] 31 or 39, or

(ii)paragraph (b) of the definition of "pension payments" in Article 2(2), or

(iii)paragraph 17 of Schedule 1, before the date on which jobseeker's allowances first become payable;

(b)the first regulations to be made under Article 28;

(c)regulations made under Article 8, 9, 31, paragraph (b) of the definition of "pension payments" in Article 2(2) or paragraph 17 of Schedule 1.

(2) Regulations to which this paragraph applies shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.

(3) Regulations or orders made under this Order by the Department, other than orders made under Article 1(2),[F65 10(3)]F66 11(13) or 21(10)(a) shall be subject to negative resolution.

(4) Regulations made under this Order by the Secretary of State[F64 or the Treasury] shall be subject to annulment in pursuance of a resolution of either House of Parliament.

General financial arrangementsN.I.

38.-(1) There shall be paid out of the National Insurance Fund and into the Consolidated Fund sums estimated by the Department to balance payments made by it by way of contribution-based jobseeker's allowance.

(2) The Department shall pay into the National Insurance Fund sums estimated by it to balance sums recovered by it in connection with payments of contribution-based jobseeker's allowance.

(3) The[F67 Commissioners of Inland Revenue] shall pay into the National Insurance Fund sums estimated by[F67 them] to be equal to the aggregate of the amounts deducted by employers in accordance with regulations under Article 29.

(4) The Department shall pay into the Consolidated Fund sums estimated by it to balance sums recovered by it in connection with payments made by way of income-based jobseeker's allowance.

(5) Estimates under this Article shall be made by the[F67 relevant authority]

(a)in any manner which, after consulting the Government Actuary or the Deputy Government Actuary,[F67 the relevant authority consider] appropriate and the Department of Finance and Personnel has approved; and

(b)at such times as[F67 the relevant authority consider] appropriate and the Department of Finance and Personnel has approved.

(6) Payments which are required to be made by this Article shall be made at such times and in such manner as the[F67 relevant authority] considers appropriate and the[F67 relevant financial authority] has approved.

In paragraphs (5) and (6) "the relevant authority" and "the relevant financial authority" means, respectively-

(a)in relation to any estimate or payment to be made by the Department, the Department and the Department of Finance and Personnel, or

(b)in relation to any estimate or payment to be made by the Commissioners of Inland Revenue, the Commissioners of Inland Revenue and the Treasury.]

Transitional provisionsN.I.

39.-(1) The Department or the Secretary of State may by regulations make such transitional provision, consequential provision or savings as it or he considers necessary or expedient for the purposes of or in connection with-

(a)the coming into operation of any provision of this Order; or

(b)the operation of any enactment repealed or amended by any such provision during any period when the repeal or amendment is not wholly in operation.

(2) Regulations under this Article may in particular make provision-

(a)for the termination or cancellation of awards of unemployment benefit or income support;

(b)for a person whose award of unemployment benefit or income support has been terminated or cancelled under regulations made by virtue of sub-paragraph (a) to be treated as having been awarded a jobseeker's allowance (a "transitional allowance")-

(i)of such a kind,

(ii)for such period,

(iii)of such an amount, and

(iv)subject to such conditions,

as may be determined in accordance with the regulations;

(c)for a person's continuing entitlement to a transitional allowance to be determined by reference to such provision as may be made by the regulations;

(d)for the termination of an award of a transitional allowance,

(e)for the review of an award of a transitional allowance;

(f)for a contribution-based jobseeker's allowance not to be payable for a prescribed period where a person is disqualified for receiving unemployment benefit;

(g)that days which were days of unemployment for the purposes of entitlement to unemployment benefit, and such other days as may be prescribed, are to be treated as having been days during which a person was, or would have been, entitled to a jobseeker's allowance;

(h)that days which were days of entitlement to unemployment benefit, and such other days as may be prescribed, are to be treated as having been days of entitlement to a contribution-based jobseeker's allowance;

(i)that the rate of a contribution-based transitional allowance is to be calculated by reference to the rate of unemployment benefit paid or payable.

(3) The power of the Secretary of State to make regulations under this Article is exercisable by statutory instrument.

Art. 40-Amendments and repeals

SCHEDULES

Article 23.

SCHEDULE 1N.I.Supplementary Provisions

N.I.

Remunerative workN.I.

1.1)(- For the purposes of this Order, "remunerative work" has such meaning as may be prescribed.N.I.

2 ()Regulations may prescribe circumstances in which, for the purposes of this Order-

(a)a person who is not engaged in remunerative work is to be treated as engaged in remunerative work; or

(b)a person who is engaged in remunerative work is to be treated as not engaged in remunerative work.

Capacity for workN.I.

2.1-)( The question whether a person is capable or incapable of work shall be determined, for the purposes of this Order, in accordance with the provisions of Part XIIA of the Benefits Act.N.I.

2) (References in Part XIIA of the Benefits Act to the purposes of that Act shall be construed, where those provisions have effect for the purposes of this Order by virtue of sub-paragraph (1), as references to the purposes of this Order.

3( )Section 167B of the Benefits Act (incapacity for work: the own occupation test) shall have effect, as applied by sub-paragraph (1) for the purposes of this Order, as if for the references in subsections (3) and (4)(a) to any purpose of the Benefits Act there were substituted references to any purpose of this Order.

Linking periodsN.I.

3. Regulations may provide-N.I.

(a)for jobseeking periods which are separated by not more than a prescribed number of weeks to be treated, for purposes of this Order, as one jobseeking period;

(b)for prescribed periods ( "linked periods") to be linked, for purposes of this Order, to any jobseeking period.

Waiting daysN.I.

4. Except in prescribed circumstances, a person is not entitled to a jobseeker's allowance in respect of a prescribed number of days at the beginning of a jobseeking period.N.I.

Periods of less than a weekN.I.

5. Regulations may make provision in relation to-N.I.

(a)entitlement to a jobseeker's allowance, or

(b)the amount payable by way of such an allowance,

in respect of any period of less than a week.

Employment protection sumsN.I.

6.1(- )In relation to any contribution-based jobseeker's allowance, regulations may make provision-N.I.

(a)for any employment protection sum to be treated as earnings payable by such person, to such person and for such period as may be determined in accordance with the regulations; and

(b)for any such period, so far as it is not a period of employment, to be treated as a period of employment.

2)( In this paragraph "employment protection sum" means-

(a)any sum, or a prescribed part of any sum-

(i)payable, in respect of arrears of pay, under an order for reinstatement or re-engagement made under the[F68 Employment Rights (Northern Ireland) Order 1996];

(ii)payable, by way of pay, under an order made under that Order for the continuation of contract of employment;

(iii)payable, by way of remuneration, under a protective award made under[F68 Article 217] of that Order; and

(b)any prescribed sum which the regulations provide is to be treated as related to any sum within paragraph (a).

Pension paymentsN.I.

7. Regulations may make provision, for the purposes of any provision of, or made under, this Order-N.I.

(a)for such sums by way of pension payments to be disregarded for prescribed purposes;

(b)as to the week in which any pension payments are to be treated as having begun;

(c)for treating, in a case where-

(i)a lump sum is paid to a person in connection with a former employment of his or arrangements are made for a lump sum to be so paid; or

(ii)benefits of any description are made available to a person in connection with a former employment of his or arrangements are made for them to be made so available; or

(iii)pension payments to a person are assigned, reduced or postponed or are made otherwise than weekly,

such payments as being made to that person by way of weekly pension payments as are specified in or determined under the regulations;

(d)for the method of determining whether pension payments are made to a person for any week and their amount.

ExemptionsN.I.

8. Regulations may prescribe circumstances in which a person may be entitled to an income-based jobseeker's allowance without-N.I.

(a)being available for employment;

(b)having entered into a jobseeker's agreement; or

(c)actively seeking employment.

[F698A.(1)- Regulations may prescribe circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker's allowance without each member of the couple satisfying all the conditions referred to in Article 3(2B)(b).N.I.

Regulations may prescribe circumstances in which, and a period for which, a transitional case couple may be entitled to a joint-claim jobseeker's allowance without having jointly made a claim for it.

In sub-paragraph (2)-

(a)"a transitional case couple" means a joint-claim couple a member of which is entitled to an income-based jobseeker's allowance on the coming into operation of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999; and

(b)"period" shall be construed in accordance with Article 5(3).]

9. Regulations may provide-N.I.

(a)for an income-based jobseeker's allowance to which a person is entitled by virtue of regulations under paragraph 8[F70 or 8A] to be payable at a prescribed rate;

(b)for it to be payable for a prescribed period.

[F71Continuity of claims and awards: persons ceasing to be a joint-claim coupleN.I.

9A.(1) -Regulations may make provision about the entitlement to a jobseeker's allowance of persons ( "ex-members") who cease to be members of a joint-claim couple.N.I.

Regulations under this paragraph may, in particular, provide-

(a)for treating each or either of the ex-members as having made any claim made by the couple or, alternatively, for any such claim to lapse;

(b)for any award made in respect of the couple to be replaced by an award (a "replacement award") in respect of each or either of the ex-members of the couple or, alternatively, for any such award to lapse.]

Continuity of claims and awards: persons again becoming a joint-claim coupleN.I.

9B.1 )(-Regulations may make provision about the entitlement to a jobseeker's allowance of persons ( "ex-members") who, having ceased to be members of a joint-claim couple, again become the members of a joint-claim couple.N.I.

2) (Regulations under this paragraph may, in particular, provide-

(a)for any claim made by the ex-members when they were previously a joint-claim couple to be revived or otherwise given effect as a claim made by the couple;

(b)for any award made in respect of the ex-members when they were previously a joint-claim couple to be restored;

(c)for any such award, or any replacement award (within the meaning of paragraph 9A) made in respect of either of them, to be replaced by an award (a "new award") in respect of the couple.

Continuity of claims and awards: couple becoming a joint-claim coupleN.I.

9C.1 (-)Regulations may make provision about the entitlement to a jobseeker's allowance of persons who become members of a joint-claim couple as a result of the[F72 couple] of which they are members becoming a joint-claim couple.N.I.

2)( Regulations under this paragraph may, in particular, provide-

(a)for any claim made by either member of the couple before the couple became a joint-claim couple to be given effect as a claim made by the couple;

(b)for any award, or any replacement award (within the meaning of paragraph 9A), made in respect of either member of the couple before the couple became a joint-claim couple to be replaced by an award (a "new award") in respect of the couple.

Paragraphs 9A to 9C: supplementaryN.I.

9D.1) -(Regulations may provide, in relation to any replacement award (within the meaning of paragraph 9A) or new award (within the meaning of paragraph 9B or 9C)-N.I.

(a)for the award to be of an amount determined in a prescribed manner;

(b)for entitlement to the award to be subject to compliance with prescribed requirements as to the provision of information and evidence.

2)( In paragraphs 9A to 9C and this paragraph-

• "award" means an award of a jobseeker's allowance;

• "claim" means a claim for a jobseeker's allowance.F73

Claims yet to be determined and suspended paymentsN.I.

10.[F74(1) -In such circumstances as may be prescribed-N.I.

(a)a claimant for a jobseeker's allowance other than a joint-claim jobseeker's allowance,

(b)a joint-claim couple claiming a joint-claim jobseeker's allowance, or

(c)a member of such a couple,

may be treated as being entitled to an income-based jobseeker's allowance before his or (as the case may be) the couple's claim for the allowance has been determined.]

In such circumstances as may be prescribed, an income-based jobseeker's allowance shall be[F74 payable][F74 to-

(a)a claimant of a jobseeker's allowance other than a joint-claim jobseeker's allowance,

(b)a joint-claim couple claiming a joint-claim jobseeker's allowance, or

(c)a member of such a couple,

even though payment to him or (as the case may be) the couple] of a jobseeker's allowance has been suspended by virtue of regulations under sectionF75 5(1)(o) of the Administration Act.

3( )A jobseeker's allowance shall be payable by virtue of sub-paragraph (1) or (2) only if the claimant[F74 or (as the case may be) the couple or the member of the couple] has complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph.

4)( Regulations may make provision for a jobseeker's allowance payable by virtue of sub-paragraph (1) or (2) to be-

(a)payable at a prescribed rate;

(b)payable for a prescribed period;

(c)treated as being a contribution-based jobseeker's allowance for the purposes of Article 7.

5 )(Regulations may make provision-

(a)for the recovery, by prescribed means and in prescribed circumstances, of the whole or part of any amount paid by virtue of sub-paragraph (1) or (2);

(b)for the whole or part of any amount paid by virtue of sub-paragraph (1) to be treated, if an award is made on the claim referred to there, as having been paid on account of the jobseeker's allowance awarded;

(c)for the whole or part of any amount paid by virtue of sub-paragraph (2) to be treated, if the suspension referred to there is lifted, as having been paid on account of the suspended allowance.

Presence in and absence from Northern IrelandN.I.

11.1 ()-Regulations may provide that in prescribed circumstances a claimant who is not in Northern Ireland may nevertheless be entitled to a contribution-based jobseeker's allowance.N.I.

2) (Regulations may make provision for the purposes of this Order as to the circumstances in which a person is to be treated as being or not being in Northern Ireland.

HouseholdsN.I.

12. Regulations may make provision for the purposes of this Order as to the circumstances in which persons are to be treated as being or not being members of the same household.N.I.

Responsibility for another personN.I.

13. Regulations may make provision for the purposes of this Order as to the circumstances in which one person is to be treated as responsible or not responsible for another.N.I.

Relevant educationN.I.

14. Regulations may make provision for the purposes of this Order-N.I.

(a)as to what is or is not to be treated as relevant education; and

(b)as to the circumstances in which a person is or is not to be treated as receiving relevant education.

Calculation of periodsN.I.

15. Regulations may make provision for calculating periods for any purpose of this Order.N.I.

Employment on ships, etc.N.I.

16.1() -Regulations may modify any provision of this Order in its application to any person who is, has been, or is to be-N.I.

(a)employed on board any ship, vessel, hovercraft or aircraft, or

(b)outside Northern Ireland at any prescribed time or in any prescribed circumstances,

so far as that provision relates to a contribution-based jobseeker's allowance.

2 )(The regulations may in particular provide-

(a)for any such provision to apply even though it would not otherwise apply;

(b)for any such provision not to apply even though it would otherwise apply;

(c)for the taking of evidence, in a country or territory outside Northern Ireland, by a British consular official or other prescribed person;

(d)for enabling payment of the whole, or any part of a contribution-based jobseeker's allowance to be paid to such of the claimant's dependants as may be prescribed.

Additional conditionsN.I.

17. Regulations may require additional conditions to be satisfied with respect to the payment of a jobseeker's allowance to any person who is, has been, or is to be, in employment which falls within a prescribed description.N.I.

Benefits Act purposesN.I.

18. Regulations may provide for-N.I.

(a)a jobseeker's allowance;

(b)a contribution-based jobseeker's allowance; or

(c)an income-based jobseeker's allowance,

to be treated, for prescribed purposes of the Benefits Act, as a benefit, or a benefit of a prescribed description.

N.I.

Schedule 2-Amendments

N.I.

Schedule 3-Repeals