Statutory Rule 1996 No. 198

      The Jobseeker's Allowance Regulations (Northern Ireland) 1996


      © Crown Copyright 1996

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STATUTORY RULES OF NORTHERN IRELAND

1996 No. 198

SOCIAL SECURITY

The Jobseeker's Allowance Regulations (Northern Ireland) 1996

Made 15th May 1996
Coming into operation 7th October 1996


ARRANGEMENT OF REGULATIONS

Part I
General
1.  Citation, commencement and interpretation
2.  Definition of non-dependant
3.  Meanings of certain expressions used in the Order
Part II
Jobseeking
Chapter I:
Interpretation
4.  Interpretation of Parts II, IV and V
Chapter II:
Availability for Employment
5.  Exceptions to requirement to be available immediately: carers, voluntary workers, persons providing a service and persons under an obligation to provide notice
6.  Employment of at least 40 hours per week
7.  Restriction of hours for which a person is available to 40 hours per week
8.  Other restrictions on availability
9.  No restrictions on pay after 6 months
10.  Reasonable prospects of employment
11.  Part-time students
12.  Volunteers
13.  Additional restrictions on availability for certain groups
14.  Circumstances in which a person is to be treated as available
15.  Circumstances in which a person is not to be regarded as available
16.  Further circumstances in which a person is to be treated as available: permitted period
17.  Laid off and short-time workers
Chapter III:
Actively Seeking Employment
18.  Steps to be taken by persons actively seeking employment
19.  Circumstances in which a person is to be treated as actively seeking employment
20.  Further circumstances in which a person is to be treated as actively seeking employment: permitted period
21.  Further circumstances in which a person is to be treated as actively seeking employment: laid off and short-time workers
22.  Interpretation of certain expressions for the purposes of regulations 18(3)(f)(i) and 19(1)(d)
Chapter IV:
Attendance, Information and Evidence
23.  Attendance
24.  Provision of information and evidence
25.  Entitlement ceasing on a failure to comply
26.  Time at which entitlement is to cease
27.  Where entitlement is not to cease
28.  Matters to be taken into account in determining whether a claimant has good cause for failing to comply with a notice under regulation 23
29.  Matters to be taken into account in determining whether a claimant has good cause for failing to provide a signed declaration
30.  Circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notice under regulation 23
Chapter V:
Jobseeker's Agreement
31.  Contents of Jobseeker's Agreement
32.  Back-dating of a Jobseeker's Agreement by an adjudication officer
33.  Notification of determinations and directions under Article 11 of the Order
34.  Jobseeker's Agreement treated as having been made
35.  Automatic back-dating of Jobseeker's Agreement
36.  Jobseeker's Agreement to remain in effect
37.  Variation of Jobseeker's Agreement
38.  Direction to vary Agreement: time for compliance
39.  Variation of Agreement: matters to be taken into account
40.  Notification of determinations and directions under Article 12 of the Order
41.  Procedure for reviews
42.  Appeals to Social Security Appeal Tribunal
43.  Direction of Social Security Appeal Tribunal: time limit for compliance
44.  Appeals to the Commissioner
45.  Appropriate person
Part III
Other Conditions of Entitlement
46.  Waiting days
47.  Jobseeking period
48.  Linking periods
49.  Persons approaching retirement and the jobseeking period
50.  Persons temporarily absent from Northern Ireland
51.  Remunerative work
52.  Persons treated as engaged in remunerative work
53.  Persons treated as not engaged in remunerative work
54.  Relevant education
55.  Short periods of sickness
56.  Prescribed amount of earnings
Part IV
Young Persons
57.  Interpretation of Part IV
58.  Young persons to whom Article 5(1)(f)(iii) of the Order applies
59.  Young persons in the child benefit extension period
60.  Young persons at the end of the child benefit extension period
61.  Other young persons in prescribed circumstances
62.  Registration
63.  Reduced payments under Article 19 of the Order
64.  Availability for employment
65.  Active seeking
66.  The Jobseeker's Agreement
67.  Sanctions
68.  Reduced amount of allowance
Part V
Sanctions
69.  Prescribed period for purposes of Article 21(2) of the Order
70.  Sanctions of discretionary length
71.  Voluntary redundancy
72.  Good cause for the purposes of Article 21(5)(a) and (6)(c) and (d) of the Order
73.  Good cause for the purposes of Article 21(5)(b) of the Order
74.  Persons of prescribed description for the purposes of Article 22(3) of the Order
75.  Interpretation
Part VI
Membership of the Family
76.  Persons of a prescribed description
77.  Circumstances in which a person is to be treated as responsible or not responsible for another
78.  Circumstances in which a person is to be treated as being or not being a member of the household
Part VII
Amounts
79.  Weekly amounts of contribution-based jobseeker's allowance
80.  Deductions in respect of earnings
81.  Payments by way of pensions
82.  Income-based jobseeker's allowance
83.  Applicable amounts
84.  Polygamous marriages
85.  Special cases
86.  Applicable amounts for persons in residential care and nursing homes
87.  Transitional supplement to income-based jobseeker's allowance
Part VIII
Income and Capital
Chapter I:
General
88.  Calculation of income and capital of members of claimant's family and of a polygamous marriage
89.  Liable relative payments
90.  Child Support
91.  Calculation of income and capital of full-time students
92.  Rounding of fractions
Chapter II:
Income
93.  Calculation of income
94.  Calculation of earnings derived from employed earner's employment and income other than earnings
95.  Calculation of earnings of self-employed earners
96.  Date on which income is treated as paid
97.  Calculation of weekly amount of income
Chapter III:
Employed Earners
98.  Earnings of employed earners
99.  Calculation of net earnings of employed earners
Chapter IV:
Self-Employed Earners
100.  Earnings of self-employed earners
101.  Calculation of net profit of self-employed earners
102.  Deduction of tax and contributions for self-employed earners
Chapter V:
Other Income
103.  Calculation of income other than earnings
104.  Capital treated as income
105.  Notional income
106.  Modifications in respect of children and young persons
Chapter VI:
Capital
107.  Capital limit
108.  Calculation of capital
109.  Disregard of capital of child or young person
110.  Income treated as capital
111.  Calculation of capital in the United Kingdom
112.  Calculation of capital outside the United Kingdom
113.  Notional capital
114.  Diminishing notional capital rule
115.  Capital jointly held
116.  Calculation of tariff income from capital
Chapter VII:
Liable Relatives
117.  Interpretation
118.  Treatment of liable relative payments
119.  Disregard of payments treated as not relevant income
120.  Period over which periodical payments are to be taken into account
121.  Period over which payments other than periodical payments are to be taken into account
122.  Calculation of the weekly amount of a liable relative payment
123.  Date on which a liable relative payment is to be treated as paid
124.  Liable relative payments to be treated as capital
Chapter VIII:
Child Support
125.  Interpretation
126.  Treatment of child support maintenance
127.  Disregard of payments treated as not relevant income
128.  Calculation of the weekly amount of child support maintenance
129.  Date on which child support maintenance is to be treated as paid
Chapter IX:
Full-time Students
130.  Interpretation
131.  Calculation of grant income
132.  Calculation of covenant income where a contribution is assessed
133.  Covenant income where no grant income or no contribution is assessed
134.  Relationship with amounts to be disregarded under Schedule 6
135.  Other amounts to be disregarded
136.  Treatment of student loans
137.  Disregard of contribution
138.  Income treated as capital
139.  Disregard of changes occurring during summer vacation
Part IX
Hardship
140.  Meaning of "person in hardship"
141.  Circumstances in which an income-based jobseeker's allowance is payable to a person in hardship
142.  Further circumstances in which an income-based jobseeker's allowance is payable to a person in hardship
143.  Conditions for hardship payments
144.  Provision of information
145.  Applicable amount in hardship cases
146.  Payments made on account of suspended benefit
Part X
Urgent Cases
147.  Urgent cases
148.  Applicable amount in urgent cases
149.  Assessment of income and capital in urgent cases
Part XI
Part-Weeks
150.  Amount of a jobseeker's allowance payable
151.  Amount of a jobseeker's allowance payable where a person is in a residential care home or nursing home
152.  Relevant week
153.  Modification in the calculation of income
154.  Reduction in certain cases
155.  Modification of Article 17(2) of the Order
Part XII
Special Categories
Chapter I:
Share fishermen
156.  Interpretation
157.  Special provisions in respect of share fishermen
158.  Modification of Article 2(2) of the Order
159.  Modifications of Article 4 of the Order
160.  Modifications of Articles 21 and 22 of the Order
161.  Additional conditions for payment of a jobseeker's allowance
162.  Remunerative work
163.  Calculation of earnings
164.  Amount payable
Chapter II:
Persons outside Northern Ireland
165.  Amendment of the Social Security (Mariners' Benefits) Regulations (Northern Ireland)
166.  Modification of contribution conditions for volunteer development workers
Part XIII
Miscellaneous
Recovery of Maintenance
167.  Recovery orders
Training Allowance
168.  Persons in receipt of a training allowance
Trade Disputes
169.  Trade Disputes: exemptions from Article 17 of the Order
170.  Trade Disputes: prescribed sum

SCHEDULES

  1.  Applicable amounts

  2.  Housing costs

  3.  Applicable amounts of persons in residential care and nursing homes

  4.  Applicable amounts in special cases

  5.  Sums to be disregarded in the calculation of earnings

  6.  Sums to be disregarded in the calculation of income other than earnings

  7.  Capital to be disregarded

 

Explanatory Note


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Prepared 20th September 2000