[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> Statutory Rule 2001 No. 120 No. 120 URL: http://www.bailii.org/nie/legis/num_reg/2001/20010120.html

[New search] [Help]

" (c) the other member satisfies the condition in Article 3(2)(e) and (h) of the Order but is not required to satisfy the other conditions in Article 3(2B)(b)[14] of the Order because, subject to paragraph (3), he is a person to whom any paragraph in Schedule A1[15] applies, and".

    (4) In regulation 3E(2)[16] (entitlement of a member of a joint-claim couple to a jobseeker's allowance without a claim being made jointly by the couple), in both sub-paragraphs (g) and (k), for "more than 16 hours" there shall be substituted "16 hours or more".

    (5) At the end of regulation 47(4)(b)(ii)[17] (jobseeking period), there shall be added "or on which the claimant is a member of a joint-claim couple and a joint-claim jobseeker's allowance is not payable or is reduced because he is subject to sanctions by virtue of Article 22A[18] of the Order".

    (6) In Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order) - 

(a) in the heading, for "Regulation 3D(1)(c)(iii)" there shall be substituted "Regulation 3D(1)(c)";

(b) for paragraph 2(1) and (2) there shall be substituted the following sub-paragraphs - 

     " 2.  - (1) A member - 


(a) who, at the date of claim, is aged 16 or over but under 19 and is receiving full-time education for the purposes of section 138 of the Benefits Act (meaning of child);

(b) who, at the date of claim, is a full-time student, or

(c) to whom (a) or (b) does not apply but to whom sub-paragraph (1A) or (2) does apply.



    (1A) This sub-paragraph applies to a member who - 



(a) as at the date of claim - 


(i) had applied to an educational establishment to commence a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year after the date of claim and that application has not been rejected, or

(ii) had been allocated a place on a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year, and



(b) is either - 



(i) aged 16 or over but under 19 and is receiving full-time education for the purposes of section 138 of the Benefits Act, or

(ii) a full-time student.



    (2) This sub-paragraph applies to a member who has applied to an educational establishment to commence a full-time course of study (other than a course of study beyond a first degree course or a comparable course) - 



(a) within one month of - 


(i) the last day of a previous course of study, or

(ii) the day on which the member received examination results relating to a previous course of study, and



(b) who is either - 



(i) aged 16 or over but under 19 and is receiving full-time education for the purposes of section 138 of the Benefits Act, or

(ii) a full-time student.".

    (7) In the first column of paragraph 20M(4)(i) of Schedule 1[19] (applicable amounts), for "20I(3)" there shall be substituted "20I(4)".

Amendment of the Social Security (Credits) Regulations
     3. In regulation 8A(5) of the Social Security (Credits) Regulations (Northern Ireland) 1975[20] (credits for unemployment) - 

(a) after sub-paragraph (c) there shall be inserted the following sub-paragraph - 


" (cc) a week in respect of which a joint-claim jobseeker's allowance was not payable or was reduced pursuant to Article 22A of that Order (denial or reduction of joint-claim jobseeker's allowance) because the person was subject to sanctions for the purposes of that Article, even though the couple of which he was a member satisfied the conditions for entitlement to that allowance;";



(b) after sub-paragraph (d) there shall be inserted the following sub-paragraph - 



" (dd) a week in respect of which a joint-claim jobseeker's allowance was payable in respect of a joint-claim couple of which the person is a member only by virtue of regulation 146C[21] of the Jobseeker's Allowance Regulations (Northern Ireland) 1996 (circumstances in which a joint-claim jobseeker's allowance is payable where a joint-claim couple is a couple in hardship);".

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
     4. In the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[22] - 

(a) in regulation 1(2) (citation, commencement and interpretation) after the definition of "the Jobseeker's Allowance Regulations" there shall be inserted the following definitions - 

" "a joint-claim couple" has the same meaning as in Article 3(4) of the Jobseekers (Northern Ireland) Order 1995 (interpretation);
"a joint-claim jobseeker's allowance" has the same meaning as in Article 3(4) of the Jobseekers (Northern Ireland) Order 1995;";

(b) in regulation 26 (decisions against which an appeal lies), after paragraph (c)[23] there shall be inserted the following - 


     " ; or

(d) under Article 56 of, and Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999 (couples to make joint-claim for jobseeker's allowance) where one member of the couple is working and the Department has decided that both members of the couple are not engaged in remunerative work;";



(c) in paragraph 8 of Schedule 2A[24] - 



(i) in sub-paragraph (a), after "Article 5(1)(a)" there shall be inserted "or 5A(1)(a)[25]";

(ii) after paragraph (d), there shall be inserted the following - 


     " , or

(e) a joint-claim couple ceases to be a married or an unmarried couple,".

Amendment of the Social Security (Claims and Payments) Regulations
     5. After regulation 30 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[26] (payments on death), there shall be inserted the following regulation - 

" Payments of arrears of joint-claims jobseeker's allowance where the nominated person can no longer be traced
     30A. Where - 


(a) an award of joint-claim jobseeker's allowance has been awarded to a joint-claim couple;

(b) that couple ceases to be a joint-claim couple; and

(c) the member of the joint-claim couple nominated for the purposes of Article 5B of the Jobseekers Order[27] cannot be traced,



arrears of the award of joint-claim jobseeker's allowance shall be paid to the other member of the former joint-claim couple.".

Amendment of the Housing Benefit (General) Regulations
     6. In the Housing Benefit (General) Regulations (Northern Ireland) 1987[28] - 

(a) after paragraph 4 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), there shall be inserted the following paragraph - 

     " 4A. Where the claimant is a member of a joint-claim couple for the purposes of the Jobseekers (Northern Ireland) Order 1995 and his partner is on an income-based jobseeker's allowance, the whole of the claimant's income.";

(b) after paragraph 5 of Schedule 5 (capital to be disregarded), there shall be inserted the following paragraph - 

     " 5A. Where the claimant is a member of a joint-claim couple for the purposes of the Jobseekers (Northern Ireland) Order 1995 and his partner is on an income-based jobseeker's allowance, the whole of the claimant's capital.".

Sealed with the Official Seal of the Department for Social Development on


16th March 2001.

L.S.

John O'Neill
Senior Officer of the Department for Social Development


The Department of Finance and Personnel hereby consents to regulation 6 of the foregoing Regulations.



Sealed with the Official Seal of the Department of Finance and Personnel on


16th March 2001.

L.S.

D. Sterling
Senior Officer of the Department of Finance and Personnel

[2] 1992 c. 7; section 22(5) was amended by paragraph 5 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995back

[3] S.I. 1998/1506 (N. I. 10)back

[4] 1992 c. 8back

[5] See Article 8(b) of, and Part II of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481)back

[6] See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); consent function transferred from the Department of the Environment for Northern Ireland to the Department of Finance and Personnel; see Article 6(b) of, and Part II of Schedule 4 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999back

[7] S.I. 1999/3147 (N.I. 11)back

[8] See section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)back

[9] S.R. 2000 No. 350back

[10] 1954 c. 33 (N.I.)back

[11] S.R. 1996 No. 198; relevant amending Regulations are S.R. 1996 No. 358 and S.R. 2000 No. 350back

[12] Regulation 3A was inserted by regulation 2(2) of S.R. 2000 No. 350back

[13] Regulation 3D was inserted by regulation 2(2) of S.R. 2000 No. 350back

[14] Article 3(2B) was inserted by Article 56 of, and paragraph 3(3) of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999back

[15] Schedule A1 was inserted by regulation 2(4) of, and Schedule 1 to, S.R. 2000 No. 350back

[16] Regulation 3E was inserted by regulation 2(2) of S.R. 2000 No. 350back

[17] Sub-paragraph (b) was substituted by regulation 14(3) of S.R. 1996 No. 358back

[18] Article 22A was inserted by Article 56 of, and paragraph 14 of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999back

[19] Paragraph 20M was inserted by regulation 2(5) of, and paragraph 53(4) of Schedule 2 to, S.R. 2000 No. 350back

[20] S.R. 1975 No. 113; regulation 8A was inserted by regulation 2(6) of S.R. 1996 No. 430back

[21] Regulation 146C was inserted by regulation 2(3) of S.R. 2000 No. 350back

[22] S.R. 1999 No. 162; relevant amending Regulations are S.R. 2000 No. 215back

[23] Paragraph (c) was added by regulation 6(9) of S.R. 2000 No. 215back

[24] Schedule 2A was inserted by regulation 6(22) of S.R. 2000 No. 215back

[25] Article 5A was inserted by Article 56 of, and paragraph 5(2) of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999back

[26] S.R. 1987 No. 465back

[27] Article 5B was inserted by Article 56 of, and paragraph 5(2) of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999back

[28] S.R. 1987 No. 461back

  © Crown copyright 2001