Statutory Rule 1996 No. 459

The Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations (Northern Ireland) 1996

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© Crown Copyright 1996

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1996 No. 459

SOCIAL SECURITY

The Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations (Northern Ireland) 1996

The Department of Health and Social Services for Northern Ireland and the Department of Economic Development, acting jointly in exercise of the powers conferred on them by Articles 18 and 25(5) of the Industrial Tribunals (Northern Ireland) Order 1996^[1] in relation to regulations 3 to 9 and 11, and the Department of Health and Social Services for Northern Ireland in exercise of the powers conferred on it by section 56(1) of the Social Security Administration (Northern Ireland) Act 1992^[2] in relation to regulations 10 and 11, and of all other powers enabling them in that behalf, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations (Northern Ireland) 1996 and shall come into operation on 7th October 1996.

Interpretation
    2.—(1)  In these Regulations—

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


"the 1995 Order" means the Trade Union and Labour Relations (Northern Ireland) Order 1995^[3];


"the 1996 Order" means the Employment Rights (Northern Ireland) Order 1996^[4];


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


"monetary award" has the same meaning as in Article 19(3) of the Industrial Tribunals (Northern Ireland) Order 1996;


"prescribed element" has the meaning given to it in regulation 3 and the Schedule;


"protected period" has the same meaning as in Article 217(4);


"protective award" has the same meaning as in Article 217(3);


"recoupable benefit" means any jobseeker's allowance or income support, as the case may be, which is recoupable under these Regulations;


"recoupment notice" means a notice under these Regulations;


"the Secretary of the Tribunals" means the person for the time being acting as the Secretary of the Office of Industrial Tribunals and the Fair Employment Tribunal.

    (2)  In the Schedule, references in column 3 of the table to the conclusion of the tribunal proceedings are references to the conclusion of the proceedings mentioned in the corresponding entry in column 2.

    (3)  For the purposes of these Regulations (and in particular for the purposes of any calculations to be made by an industrial tribunal as respects the prescribed element) the conclusion of the tribunal proceedings shall be taken to occur—


(a)  where the industrial tribunal at the hearing announces the effect of its decision to the parties, on the date on which that announcement is made;


(b)  in any other case, on the date on which the decision of the tribunal is sent to the parties.

    (4)  Reference to parties in relevant industrial tribunal proceedings shall be taken to include references to persons appearing on behalf of parties in a representative capacity.

    (5)  References to anything done, or to be done, in, or in consequence of, any tribunal proceedings include references to anything done, or to be done, in, or in consequence of any such proceedings as are in the nature of a review, or re-hearing or a further hearing consequent on an appeal.

    (6)  Unless the context otherwise requires, any reference in these Regulations to a numbered Article is a reference to the Article of the 1996 Order bearing that number.

    (7)  The Interpretation Act (Northern Ireland) 1954^[5] shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

[1] S.I. 1996/1921 (N.I. 18) back

[2] 1992 c. 8; section 56(1) was amended by paragraph 27(a) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) back

[3] S.I. 1995/1980 (N.I. 12) back

[4] S.I. 1996/1919 (N.I. 16) back

[5] 1954 c. 33 (N.I.) back

Explanatory Note