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The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

Type Ni-Statutory-Rule

Publication 1996-05-15

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Made: 15th May 1996

Coming into operation: 7th October 1996

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by Articles 2(2), 4(1)(c), 5(1)(f)(iii), (2) and (4), 6(1)(b), (2), (4), (5) and (12), 7(3), 8(2) to (5) and (8), 9(2) to (6) and (8), 10, 11(1), (8), (10), (11) and (12), 12(1), (6)(c) and (7), 13(2), (5) and (7), 14, 15, 17(1), (2)(d) and (5), 19(1), 21(2), (4), (7), (8) and (10)(c), 22(3) to (8), 25(1), (3) and (4), 36(2) and 39 of, and Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995[^f00001], sections 5(1)(h), (j) and (k), 20(4) and 21(9) and (10) of, and Schedule 3 to, the Social Security Administration (Northern Ireland) Act 1992[^f00002] and section 167D of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00003] and of all other powers enabling it in that behalf, by this statutory rule, which contains only regulations made by virtue of, or consequential upon, those provisions of the Jobseekers (Northern Ireland) Order 1995, hereby makes the following Regulations:

Part I — General

Citation, commencement and interpretation

1

(1) These Regulations may be cited as the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 and shall come into operation on 7th October 1996.

(2) In these Regulations—

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

“the 1971 Act” means the Immigration Act 1971[^f00004];

“the 1972 Order” means the Health and Personal Social Services (Northern Ireland) Order 1972[^f00005];

“the Child Support Order” means the Child Support (Northern Ireland) Order 1991[^f00006];

“the Registered Homes Order” means the Registered Homes (Northern Ireland) Order 1992[^f00007];

“attendance allowance” means— an attendance allowance under section 64 of the Benefits Act; an increase of disablement pension under section 104 or 105 of the Benefits Act (increases where constant attendance needed and for exceptionally severe disablement); a payment under regulations made in accordance with section 111 of the Benefits Act (payments for constant attendance in workmen’s compensation cases); an increase in allowance which is payable in respect of constant attendance under section 111 of the Benefits Act (industrial diseases benefit schemes); a payment by virtue of Article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983[^f00008] or any analogous payment; any payment based on the need for attendance which is paid as an addition to a war disablement pension;

“benefit week” means a period of 7 days ending on the day which corresponds with the day of the week specified in a notice given or sent to the claimant in accordance with regulation 23 (attendance), except— where the Department requires attendance otherwise than at regular 2 weekly intervals, the “benefit week” ends on such day as the Department may specify in a notice in writing given or sent to the claimant, and for the purpose of calculating any payment of income in accordance with Part VIII, “benefit week” also means the period of 7 days ending on the day before the first day of the benefit week following the date of claim or, as the case may be, the last day on which a jobseeker’s allowance is paid if it is in payment for less than a week;

“board and lodging accommodation” means— accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked and prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises, or accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment, except accommodation provided by a close relative of his or of any other member of his family, or other than on a commercial basis;

“child benefit” means child benefit under Part IX of the Benefits Act;

“the Child Benefit Regulations” means the Child Benefit (General) Regulations (Northern Ireland) 1979[^f00009];

“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00010];

“close relative” means, except in Parts II, IV and V, a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;

“concessionary payment” means a payment made under arrangements made by the Department with the consent of the Department of Finance and Personnel which is charged either to the Northern Ireland National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the Order or the Benefits Act are charged;

“couple” means a married or an unmarried couple;

“course of advanced education” means— a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education, or a higher national diploma, or any other course which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies;

“course of study” means any course of study, including a course of advanced eduation and an employment-related course, whether or not it is a sandwich course and whether or not a grant is made for attending or undertaking it and for the purposes of this definition a person who has started a course of study shall be treated as attending or undertaking it, as the case may be, until the last day of the course or such earlier date as he abandoned it or is dismissed from it;

“date of claim” means the date on which the claimant makes, or is treated as making, a claim for a jobseeker’s allowance for the purposes of regulation 6 of the Claims and Payments Regulations[^f00011];

“disability living allowance” means a disability living allowance under section 71 of the Benefits Act;

“disability working allowance” means a disability working allowance under section 128 of the Benefits Act;

“dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home together with— any agricultural land adjoining that dwelling, and any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;

“earnings” has the meaning specified, in the case of an employed earner, in regulation 98, or in the case of a self-employed earner, in regulation 100;

“education and library board” means an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986[^f00012];

“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

“employment-related course” means a course the purpose of which is to assist persons to acquire or enhance skills required for employment, for seeking employment or for a particular occupation;

“full-time student” means a person, other than a person in receipt of a training allowance, who is— aged less than 19 and attending or undertaking a full-time course of advanced education, or aged 19 or over but under pensionable age and attending or undertaking a full-time course of study;

“the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;

“Health and Social Services Board” means a Board established under Article 16 of the 1972 Order;

“HSS trust” means a Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991[^f00013], by which functions are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994[^f00014];

“housing association” has the meaning assigned to it by Article 3 of the Housing (Northern Ireland) Order 1992[^f00015];

“housing benefit expenditure” means expenditure of a kind for which housing benefit may be granted;

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987[^f00016];

“the Independent Living Fund” means the charitable trust established out of funds provided by the Secretary of State for Social Services for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;

“the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;

“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“invalid carriage or other vehicle” means a vehicle propelled by a petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;

“jobseeking period” means the period described in regulation 47;

“last day of the course” has the meaning prescribed in regulation 130 for the purposes of the definition of “period of study” in this paragraph;

“liable relative” has the meaning prescribed in regulation 117;

“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child or young person;

“lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988[^f00017] by virtue of section 832(1) of that Act;

“the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State for Social Services to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

“the Macfarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State for Social Security for the benefit of certain persons suffering from haemophilia;

“the Macfarlane (Special Payments) (No. 2) Trust” means the trust of that name, established on 2nd May 1991 partly out of funds provided by the Secretary of State for Social Security, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

“making a claim” includes treated as making a claim;

“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Articles 14 to 32 of the Industrial Relations (No. 2) (Northern Ireland) Order 1976[^f00018];

“mobility supplement” means any supplement under Article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983[^f00019] including such a supplement by virtue of any other scheme or order or under Article 25A of the Personal Injuries (Civilians) Scheme 1983[^f00020];

“net earnings” means such earnings as are calculated in accordance with regulation 99;

“net profit” means such profit as is calculated in accordance with regulation 101;

“non-dependant” has the meaning prescribed in regulation 2;

“non-dependant deduction” means a deduction that is to be made under regulation 83(f) and paragraph 17 of Schedule 2;

“nursing home” means— any premises registered under Part III of the Registered Homes Order, or any premises used for the reception of such persons or the provision of such nursing or services as is mentioned in Article 16 of the Registered Homes Order and which are maintained or controlled by any body of persons constituted by a statutory provision or incorporated by Royal Charter;

“occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;

“partner” means where a claimant— is a member of a married or an unmarried couple, the other member of that couple; is married polygamously to 2 or more members of his household, any such member;

“part-time student” means a person who is attending or undertaking a course of study and who is not a full-time student;

“payment” includes a part of a payment;

“pay period” means the period in respect of which a claimant is, or expects to be, normally paid by his employer, being a week, a fortnight, four weeks, a month or other longer or shorter period as the case may be;

“period of study” except in Parts II, IV and V means— in the case of a course of study for one year or less, the period beginning with the start of the course and ending with the last day of the course; in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, other than the final year of the course, the period beginning with the start of the course or, as the case may be, that year’s start and ending with either— the day before the start of the next year of the course in a case where the student’s grant is assessed at a rate appropriate to his study throughout the year, or, if he does not have a grant, where it would have been assessed at such a rate had he had one, or in any other case the day before the start of the normal summer vacation appropriate to his course; in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;

“policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;

“preserved rights” means preserved rights for the purposes of regulation 86;

“qualifying person” means a person in respect of whom payment has been made from the Fund or the Eileen Trust;

“relative” means close relative, grand-parent, grand-child, uncle, aunt, nephew or niece;

“relevant enactment” has the meaning prescribed in regulation 78(9);

“remunerative work” has the meaning prescribed in regulation 51(1);

“residential accommodation” has the meaning prescribed in regulation 85(4);

“residential allowance” means the weekly amount determined in accordance with paragraph 3 of Schedule 1;

“residential care home” means an establishment— which is required to be registered under Part II of the Registered Homes Order and is so registered; run by Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; which provides residential accommodation with both board and personal care and is managed or provided by a body incorporated by Royal Charter or constituted by a statutory provision (other than a Health and Social Services Board or an HSS trust), or which is exempt from registration under Part II of the Registered Homes Order pursuant to Article 4(4)(a) of that Order (requirement of registration) because one or more of the residents are treated as relatives pursuant to Article 2(6) of that Order, and in paragraph (c) “personal care” means personal care for persons in need of personal care by reason of old age and infirmity, disablement, past or present dependence on alcohol or drugs or past or present mental disorder;

“retirement annunity contract” means a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988[^f00021];

“sandwich course” has the meaning prescribed in regulation 3(1) of the Students Awards Regulations (Northern Ireland) 1995[^f00022] and any person on a sandwich course shall be treated as attending or undertaking a course of advanced education or, as the case may be, attending or undertaking a course of study;

“self-employed earner” means a person who is gainfully employed in Northern Ireland or the Republic of Ireland otherwise than in employed earner’s employment (whether or not he is also employed in such employment);

“single claimant” means a claimant who neither has a partner nor is a lone parent;

“terminal date” in respect of a claimant means the terminal date in his case for the purposes of regulation 7 of the Child Benefit Regulations;

“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable— out of public funds by a government department or by or on behalf of the Department of Economic Development; to a person for his maintenance or in respect of a member of his family, and for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, a government department or approved by such department in relation to him or so provided or approved by or on behalf of the Department of Economic Development, but it does not include an allowance paid by any government department to, or in respect of, a person by reason of the fact that he is following a course of full-time education, other than under provision or arrangements under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945[^f00023] or section 1(1) of the Employment and Training Act (Northern Ireland) 1950[^f00024], or is training as a teacher;

“voluntary organisation” means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or by individual members of the association;

“war disablement pension” means a pension payable to a person in respect of disablement— under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983[^f00025] and any order re-enacting the provisions of that Order; under the Personal Injuries (Civilians) Scheme 1983[^f00026], and any subsequent scheme made under the Personal Injuries (Emergency Provisions) Act 1939[^f00027]; under any scheme made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939[^f00028] or the Polish Resettlement Act 1947[^f00029] applying the provisions of any such order as is referred to in paragraph (a); under the order made under section 1(5) of the Ulster Defence Regiment Act 1969[^f00030] concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment[^f00031]; under the order in council of 19th December 1881, the Royal Warrant of 27th October 1884, or the order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances); paid by the Overseas Development Administration and which is analogous to any of the pensions mentioned in the preceding paragraphs;

“war widow’s pension” means a pension payable to a woman as a widow under any of the enactments mentioned in the definition of “war disablement pension” in respect of the death or disablement of any person;

“week” in Part III and regulation 87 means a period of 7 days;

“year of assessment” has the meaning prescribed in section 832(1) of the Income and Corporation Taxes Act 1988[^f00032];

“young person” except in Part IV has the meaning prescribed in regulation 76.

(3) Any reference to the claimant’s family or, as the case may be, to a member of his family, shall be construed for the purposes of these Regulations as if it included in relation to a polygamous marriage a reference to any partner and to any child or young person who is treated as the responsibility of the claimant or his partner, where that child or young person is a member of the claimant’s household.

(4) The Interpretation Act (Northern Ireland) 1954[^f00033] shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Definition of non-dependant

2

(1) In these Regulations, “non-dependant” means any person, except a person to whom paragraph (2), (3) or (4) applies, who normally resides with the claimant or with whom the claimant normally resides.

(2) This paragraph applies to—

(a) any member of the claimant’s family;

(b) a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household);

(c) a person who lives with the claimant in order to care for him or for the claimant’s partner and who is engaged for that purpose by a charitable or voluntary organisation (other than a Health and Social Services Board or an HSS trust) which makes a charge to the claimant or the claimant’s partner for the care provided by that person;

(d) the partner of a person to whom sub-paragraph (c) applies.

(3) This paragraph applies to a person, other than a close relative of the claimant or the claimant’s partner—

(a) who is liable to make payments on a commercial basis to the claimant or the claimant’s partner in respect of his occupation of the claimant’s dwelling;

(b) to whom the claimant or the claimant’s partner is liable to make payments on a commercial basis in respect of his occupation of that person’s dwelling;

(4) Subject to paragraph (5), this paragraph applies to—

(a) a person who jointly occupies the claimant’s dwelling and who is either—

(i) a co-owner of that dwelling with the claimant or the claimant’s partner (whether or not there are other co-owners), or

(ii) jointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of his occupation of that dwelling, or

(b) a partner of a person to whom sub-paragraph (a) applies.

(5) Where a person is a close relative of the claimant or the claimant’s partner, paragraph (4) shall apply to him only if the claimant's, or the claimant’s partner's, co-ownership, or joint liability to make payments to a landlord in respect of his occupation, of the dwelling arose either before 11th April 1988, or, if later, on or before the date upon which the claimant or the claimant’s partner first occupied the dwelling in question.

(6) For the purposes of this regulation a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord.

(7) In this regulation “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.

Meanings of certain expressions used in the Order

3

For the purposes of the Order and of these Regulations—

“employed earner” has the meaning it has in Part I of the Benefits Act by virtue of section 2(1)(a) of that Act;

“employment” except as provided in regulation 4, includes any trade, business, profession, office or vocation;

“pensionable age” has the meaning it has in Parts I to VI of the Benefits Act by virtue of section 121(1) of that Act[^f00034].

Part II — Jobseeking

Chapter I — Interpretation of Parts II, IV and V

4

In Parts II, IV and V and, as provided below, the Order—

“appropriate office” means the office of the Department which the claimant is required to attend in accordance with a notice under regulation 23, or any other place which he is so required to attend;

“caring responsibilities” means responsibility for caring for a child or for an elderly person or for a person whose physical or mental condition requires him to be cared for, who is either in the same household or a close relative;

“casual employment” means employment from which the employee can be released without his giving any notice;

“close relative” means a spouse or other member of an unmarried couple, parent, step-parent, grandparent, parent-in-law, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, sister, grandchild or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;

“elderly person” means a person of or over pensionable age;

“employment” in Articles 5, 8, 10, 21 and 22 of, and paragraph 8 of Schedule 1 to, the Order and in Parts II, IV and V means employed earner’s employment;

“employment officer” means a person who is an employment officer for the purposes of Articles 11 and 12 of the Order;

“Outward Bound course” means any course or programme for personal development which is made available to persons who are not in employment by the charitable trust known as the Outward Bound Trust Limited;

“part-time member of a fire brigade” means a person who is a part-time member of a fire brigade maintained in pursuance of the Fire Services (Northern Ireland) Order 1984[^f00035];

“pattern of availability” has the meaning given in regulation 7;

“period of study” means the period beginning with the start of the course of study and ending with the last day of the course or such earlier date as the student abandons it or is dismissed from it; but any period of attendance by the student at his educational establishment, or any period of study undertaken by the student, in connection with the course which occurs before or after the period of the course, shall be treated as part of the period of study;

“a person who is kept on short-time” means a person whose hours of employment have been reduced owing to temporary adverse industrial conditions;

“a person who is laid off” means a person whose employment has been suspended owing to temporary adverse industrial conditions;

“voluntary work” means work for an organisation the activities of which are carried on otherwise than for profit, or work other than for a member of the claimant’s family, where no payment is received by the claimant or the only payment due to be made to him by virtue of being so engaged is a payment in respect of any expenses reasonably incurred by him in the course of being so engaged;

“week” in Articles 8 and 9 of the Order and in Parts II and IV means benefit week except where provided otherwise in Parts II and IV;

“work camp” means any place in Northern Ireland where people come together under the auspices of a charity, district council, Health and Social Services Board, HSS trust or a voluntary organisation to provide a service of benefit to the community or the environment.

Chapter II — Availability for Employment

Exceptions to requirement to be available immediately: carers, voluntary workers, persons providing a service and persons under an obligation to provide notice

5

(1) In order to be regarded as available for employment, a person who has caring responsibilities or who is engaged in voluntary work is not required to be able to take up employment immediately, providing he is willing and able to take up employment on being given 48 hours' notice.

(2) In order to be regarded as available for employment, a person who is engaged, whether by contract or otherwise, in providing a service with or without remuneration, other than a person who has caring responsibilities or who is engaged in voluntary work, is not required to be able to take up employment immediately, providing he is willing and able to take up employment on being given 24 hours' notice.

(3) In order to be regarded as available for employment, a person who is in employed earner’s employment and is not engaged in remunerative work and who is required by section 1 of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965[^f00036] to give notice to terminate his contract is not required to be able to take up employment immediately, providing he is willing and able to take up employment immediately he is able to do so in accordance with his statutory obligations.

(4) Where in accordance with regulation 7, 13 or 17 (restriction of hours for which a person is available to 40 hours per week, additional restrictions on availability for certain groups, or laid off and short-time workers) a person is only available for employment at certain times, he is not required to be able to take up employment at a time at which he is not available, but he must be willing and able to take up employment immediately he is available.

(5) Where in accordance with paragraph (1) or (2) a person is not required to be able to take up employment immediately, the 48 hour and 24 hour periods referred to in those paragraphs include periods when in accordance with regulation 7 or 13 he is not available.

Employment of at least 40 hours per week

6

(1) In order to be regarded as available for employment, a person must be willing and able to take up employment of at least 40 hours per week, unless he has restricted his availability in accordance with regulation 13(3) or (4) (additional restrictions on availability for certain groups) or regulation 17(2) (laid off and short-time workers) or 2 or more of those provisions.

(2) In order to be regarded as available for employment, a person must be willing and able to take up employment of less than 40 hours per week but not for a greater number of hours per week than the number for which he is available in accordance with regulation 13(3) or (4) or regulation 17(2) or 2 or more of those provisions.

Restriction of hours for which a person is available to 40 hours per week

7

(1) Except as provided in regulation 13 (additional restrictions on availability for certain groups) and in regulation 17(2) (laid off and short-time workers), a person may not restrict the total number of hours for which he is available for employment to less than 40 hours in any week.

(2) A person may restrict the total number of hours for which he is available for employment in any week to 40 hours or more providing—

(a) the times at which he is available to take up employment (his “pattern of availability”) are such as to afford him reasonable prospects of securing employment;

(b) his pattern of availability is recorded in his jobseeker’s agreement and any variations in that pattern are recorded in a varied agreement, and

(c) his prospects of securing employment are not reduced considerably by the restriction imposed by his pattern of availability.

(3) A person who has restricted the total number of hours for which he is available in accordance with paragraph (2) and who is not available for employment, and is not to be treated as available for employment in accordance with regulation 14 (circumstances in which a person is to be treated as available), for one day or more in a week in accordance with his pattern of availability shall not be regarded as available for employment even if he was available for employment for a total of 40 hours or more during that week.

Other restrictions on availability

8

Subject to regulations 6, 7 and 9 (employment of at least 40 hours per week, restriction of hours for which a person is available to 40 hours per week and no restrictions on pay after 6 months), any person may restrict his availability for employment by placing restrictions on the nature of the employment for which he is available, the terms or conditions of employment for which he is available (including the rate of remuneration) and the locality within which he is available, providing he can show that he has reasonable prospects of securing employment notwithstanding those restrictions and any restrictions on his availability in accordance with regulation 7(2), 13(2), (3), or (4) or 17(2) (additional restrictions on availability for certain groups or laid off and short-time workers).

No restrictions on pay after 6 months

9

After the expiry of the 6 month period beginning with and including the date of claim, a person may not restrict his availability for employment by placing restrictions on the level of remuneration in employment for which he is available.

Reasonable prospects of employment

10

(1) For the purposes of regulations 7, 8 and 13(2) and (4) (restriction of hours for which a person is available to 40 hours per week, other restrictions on availability and additional restrictions on availability for certain groups), in deciding whether a person has reasonable prospects of securing employment, regard shall be had, in particular, to the following matters—

(a) his skills, qualifications and experience;

(b) the type and number of vacancies within daily travelling distance from his home;

(d) the job applications which he has made and their outcome;

(e) if he wishes to place restrictions on the nature of the employment for which he is available, whether he is willing to move home to take up employment.

(2) It shall be for the claimant to show that he has reasonable prospects of securing employment if he wishes to restrict his availability in accordance with regulation 7, 8 or 13(2) or (4).

Part-time students

11

(1) If in any week a person is a part-time student and—

(a) he falls within paragraph (2);

(b) he has restricted the total number of hours for which he is available in accordance with regulation 7(2), 13(4) or 17(2) (restrictions on availability or laid off and short-time workers), and

in determining whether he is available for employment no matter relating to his course of study shall be relevant providing he is willing and able to re-arrange the hours of his course in order to take up employment at times falling within his pattern of availability, to take up such employment immediately or, if he falls within regulation 5(1), (2) or (3) (exceptions to requirement to be available immediately) at the time specified in that paragraph and providing he complies with the requirements of regulation 6 (employment of at least 40 hours per week).

(2) A person falls within this paragraph if—

(a) for a continuous period of not less than 3 months falling immediately before the date on which he first attended the course of study he was in receipt of jobseeker’s allowance or incapacity benefit or was on a course of training or he was in receipt of income support and he fell within paragraph 7 of Schedule 1B to the Income Support Regulations[^f00037], or

(b) during the period of 6 months falling immediately before the date on which he first attended the course of study he was—

(i) for a period, or periods in the aggregate, of not less than 3 months in receipt of jobseeker’s allowance or incapacity benefit or on a course of training or he was in receipt of income support and he fell within paragraph 7 of Schedule 1B to the Income Support Regulations, and

(ii) after the period referred to in head (i), or in the case of periods in the aggregate, after the first such period and throughout the remainder of the 6 months for which that head did not apply to him, engaged in remunerative work or other work the emoluments of which are such as to disentitle him from receipt of jobseeker’s allowance or incapacity benefit or from receipt of income support which would have been payable because he fell within paragraph 7 of Schedule 1B to the Income Support Regulations,

and the period of 3 months referred to in head (i) or, as the case may be, the period of 6 months referred to in head (ii), fell wholly after the terminal date.

(3) In this regulation, “training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible provided in Northern Ireland directly or indirectly by a Training Organisation pursuant to its arrangement with the Department of Economic Development whether that agreement is known as an Operating Agreement or by any other name.

Volunteers

12

If in any week a person is engaged in voluntary work, and—

(a) he has restricted the total number of hours for which he is available in accordance with regulation 7(2), 13(4) or 17(2) (restrictions on availability or laid off and short-time workers), and

(b) the hours in which he is engaged in voluntary work fall in whole or in part within his pattern of availability,

in determining whether he is available for employment no matter relating to his voluntary work shall be relevant providing he is willing and able to re-arrange the hours in which he is engaged in voluntary work in order to take up employment on being given 48 hours' notice at times falling within his pattern of availability and providing he complies with the requirements of regulation 6 (employment of at least 40 hours per week).

Additional restrictions on availability for certain groups

13

(1) In any week a person may restrict his availability for employment in the following ways, if the circumstances set out apply.

(2) Subject to regulations 6, 7 and 9 (employment of at least 40 hours per week, restriction of hours for which a person is available to 40 hours per week, and no restrictions on pay after 6 months), a person may impose restrictions on the nature of the employment for which he is available by reason of a sincerely held religious belief, or a sincerely held conscientious objection providing he can show that he has reasonable prospects of employment notwithstanding those restrictions and any restrictions on his availability in accordance with regulation 7(2) or 8 (other restrictions on availability) or paragraph (3) or (4) of this regulation, or regulation 17(1) or (2) (laid off and short-time workers).

(3) A person may restrict his availability in any way providing the restrictions are reasonable in the light of his physical or mental condition.

(4) A person with caring responsibilities may restrict the total number of hours for which he is available for employment to less than 40 hours in any week providing—

(a) in that week he is available for employment for as many hours as his caring responsibilities allow and for the specific hours that those responsibilities allow;

(b) he has reasonable prospects of securing employment notwithstanding that restriction, and

(5) In deciding whether a person satisfies the conditions in paragraph (4)(a), regard shall be had, in particular, to the following matters—

(a) the particular hours and days spent in caring;

(b) whether the caring responsibilities are shared with another person;

Circumstances in which a person is to be treated as available

14

(1) A person, other than one to whom regulation 15 (circumstances in which a person is not to be regarded as available) applies, shall be treated as available for employment in the following circumstances for as long as those circumstances apply, subject to any maximum period specified in this paragraph—

(a) notwithstanding regulation 15(a), if he is participating as a full-time student in an employment-related course where participation by him has been approved before the course started by an employment officer, for a maximum of 2 weeks and one such course in any period of 12 months;

(b) if he is attending a residential work camp, for a maximum of 2 weeks and one such occasion in any period of 12 months;

(c) if he is temporarily absent from Northern Ireland because he is taking a member of his family who is a child or young person abroad for treatment, for a maximum of 8 weeks;

(d) if he is engaged in the manning or launching of a lifeboat or in the performance of duty as a part-time member of a fire brigade or engaged during an emergency in duties for the benefit of others;

(e) if he is a member of a couple and is looking after a member of his family who is a child while the other member is temporarily absent from the United Kingdom, for a maximum of 8 weeks;

(f) if he is following an Open University course and is attending, as a requirement of that course, a residential course, for a maximum of one week per course;

(g) if he is temporarily looking after a child full-time because the person who normally looks after the child is ill or temporarily absent from home or the person is looking after a member of the family who is ill, for a maximum of 8 weeks;

(h) if he has been discharged from detention in a prison or young offenders centre, for one week commencing with and including the date of his discharge;

(i) if there is a period between the date of claim and the beginning of the first week after that date, for that period;

(j) if there is a period between the date the award is terminated and the end of the week in which the award is terminated, for the period between the beginning of the week in which the award is terminated and the date the award is terminated;

(k) if he is treated as capable of work in accordance with regulation 55 (short periods of sickness), for the period determined in accordance with that regulation;

(l) if he is temporarily absent from Northern Ireland to attend an interview for employment and has given notice to an employment officer, in writing if so required by the employment officer, that he will be so absent for a maximum of one week;

(m) if he is a member of a couple and he and his partner are both absent from Northern Ireland and a premium referred to in paragraph 10, 11, 12, 13 or 15 of Schedule 1 (applicable amounts) is applicable in respect of his partner, for a maximum of 4 weeks.

(2) A person, other than one to whom regulation 15 applies, shall be treated as available for employment in the following circumstances—

(a) if there is a death or serious illness of a close relative or close friend of his;

(b) if there is a domestic emergency affecting him or a close relative or close friend of his;

(d) if he has caring responsibilities and the person being cared for has died;

for the time required to deal with the emergency or other circumstance and for a maximum of one week on the occurrence of any of the circumstances set out in sub-paragraphs (a) to (d), or any combination of those circumstances, and on no more than 4 such periods in any period of 12 months.

(3) If any of the circumstances set out in paragraph (1), except those in sub-paragraphs (i) and (j), or any of those set out in paragraph (2) apply to a person for part of a week, he shall for the purposes of regulation 7(1) (restriction of hours for which a person is available to 40 hours per week) be treated as available for 8 hours on any day on which those circumstances applied subject to the maximum specified in paragraph (1) or (2), unless he has restricted the total number of hours for which he is available in a week in accordance with regulation 7(2), 13(3) (additional restrictions) or 17(2) (laid off and short-time workers). If he has so restricted the total number of hours for which he is available, he shall, for the purposes of regulation 7(1) or 13(4), be treated as available for the number of hours for which he would be available on that day in accordance with his pattern of availability recorded in his jobseeker’s agreement, if any of the circumstances set out in paragraph (1) except those in sub-paragraphs (i) and (j) or any of those set out in paragraph (2) applied on that day, subject to the maximum specified in paragraph (1) or (2).

(4) In paragraph (1)(c), “treatment” means treatment for a disease or bodily or mental disablement by or under the supervision of a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.

(5) For the purposes of paragraph (1)(d)—

(a) a person is engaged in duties for the benefit of others while—

(i) providing assistance to any person whose life may be endangered or who may be exposed to the risk of serious bodily injury or whose health may be seriously impaired;

(ii) protecting property of substantial value from imminent risk of serious damage or destruction, or

(iii) assisting in measures being taken to prevent a serious threat to the health of the people,

as a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection;

(b) events which may give rise to an emergency include—

(i) a fire, a flood or an explosion;

(ii) a natural catastrophe;

(iii) a railway or other transport accident;

(iv) a cave or mountain accident;

(v) an accident at sea, or

(vi) a person being reported missing and the organisation of a search for that person.

(6) In paragraph (1), except in sub-paragraphs (i) and (j), and in paragraph (2), “week” means any period of 7 consecutive days.

Circumstances in which a person is not to be regarded as available

15

A person shall not be regarded as available for employment in the following circumstances—

(a) if he is a full-time student during the period of study unless he has a partner who is also a full-time student, if either he or his partner is treated as responsible for a child or a young person, but this exception shall apply only for the period of the summer vacation appropriate to his course and providing he is available for employment in accordance with the provisions of this Chapter or unless he is treated as available in accordance with regulation 14(1)(a);

(b) if he is a prisoner on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953[^f00038];

(c) if she is in receipt of maternity allowance or maternity pay in accordance with section 35 or sections 160 to 167 respectively of the Benefits Act.

Further circumstances in which a person is to be treated as available: permitted period

16

(1) 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

may be treated for a permitted period as available for employment in that period.

(2) Whether a person should be treated as available for a permitted period and, if so, the length of that permitted period shall be determined having regard to the following factors—

(a) the person’s usual occupation and any relevant skills or qualifications which he has;

(b) the length of any period during which he has undergone training relevant to that occupation;

(c) the length of the period during which he has been employed in that occupation and the period since he was so employed, and

(d) the availability and location of employment in that occupation.

(3) A permitted period shall be for a minimum of one week and a maximum of 13 weeks and shall start on and include the date of claim and in this paragraph “week” means any period of 7 consecutive days.

Laid off and short-time workers

17

(1) A person who is laid off shall be treated as available for employment providing he is willing and able to resume immediately the employment from which he has been laid off and to take up immediately any casual employment which is within daily travelling distance of his home or, if he falls within regulation 5(1) or (2) (exceptions to requirement to be available immediately), at the time specified in that regulation.

(2) A person who is kept on short-time shall be treated as available for employment, providing he is willing and able to resume immediately the employment in which he is being kept on short-time and to take up immediately any casual employment which is within daily travelling distance of his home or, if he falls within regulation 5(1) or (2), at the time specified in that regulation in the hours in which he is not working short-time but the total number of hours for which he works and is available for casual employment must be at least 40 in any week.

(3) A person shall not be treated as available for employment in accordance with this regulation for more than 13 weeks, starting with and including the day after the day he was laid off or first kept on short-time.

(4) A person who is laid off or kept on short-time may not be treated as available for employment for a permitted period in accordance with regulation 16 (further circumstances in which a person is to be treated as available), unless he ceases to be laid off or kept on short-time within 13 weeks of the day on which he was laid off or first kept on short-time, in which case he may be treated as available for employment for a permitted period ending a maximum of 13 weeks after the date of claim.

(5) In paragraphs (3) and (4), “week” means any period of 7 consecutive days.

Chapter III — Actively Seeking Employment

Steps to be taken by persons actively seeking employment

18

(1) For the purposes of Article 9(1) of the Order (actively seeking employment) a person shall be expected to have to take more than one step on one occasion in any week unless taking one step on one occasion is all that it is reasonable for that person to do in that week.

(2) Steps which it is reasonable for a person to be expected to have to take in any week include—

(a) oral or written applications (or both) for employment made to persons—

(i) who have advertised the availability of employment, or

(ii) who appear to be in a position to offer employment;

(b) seeking information on the availability of employment from—

(i) advertisements;

(ii) persons who have placed advertisements which indicate the availability of employment;

(iii) employment agencies and employment businesses;

(iv) employers;

(d) appointment of a third party to assist the person in question in finding employment;

(e) seeking specialist advice, following referral by an employment officer, on how to improve the prospects of securing employment having regard to that person’s needs and in particular in relation to any mental or physical limitations of that person;

(f) drawing up a curriculum vitae;

(g) seeking a reference or testimonial from a previous employer;

(h) drawing up a list of employers who may be able to offer employment to him with a view to seeking information from them on the availability of employment;

(i) seeking information about employers who may be able to offer employment to him;

(j) seeking information on an occupation with a view to securing employment in that occupation.

(3) In determining whether, in relation to any steps taken by a person, the requirements of Article 9(1) of the Order are satisfied in any week, regard shall be had to all the circumstances of the case, including—

(a) his skills, qualifications and abilities;

(b) his physical or mental limitations;

(d) the steps which he has taken in previous weeks and the effectiveness of those steps in improving his prospects of securing employment;

(e) the availability and location of vacancies in employment;

(f) any time during which he was—

(i) engaged in the manning or launching of a lifeboat or in the performance of duty as a part-time member of a fire brigade or engaged during an emergency in duties for the benefit of others;

(ii) attending an Outward Bound course;

(iii) in the case of a blind person, participating in a course of training in the use of guide dogs;

(iv) participating in training in the use of aids to overcome any physical or mental limitations of his in order to improve his prospects of securing employment;

(v) engaged in duties as a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979[^f00039];

(vi) participating as a part-time student in an employment-related course, or

(vii) participating for less than 3 days in an employment or training programme for which a training allowance is not payable;

(g) any time during which he was engaged in voluntary work and the extent to which it may have improved his prospects of securing employment;

(h) whether he is treated as available for employment under regulation 14;

(i) whether he has applied for, or accepted, a place on, or participated in, a course or programme the cost of which is met in whole or in part out of central funds or by the European Community and the purpose of which is to assist persons to select, train for, obtain or retain employed earner’s employment or self-employed earner’s employment, and

(j) where he had no living accommodation in that week the fact that he had no such accommodation and the steps which he needed to take and has in fact taken to seek such accommodation.

(4) Any act of a person which would otherwise be relevant for purposes of Article 9 of the Order shall be disregarded in the following circumstances—

(a) where, in taking the act, he acted in a violent or abusive manner;

(b) where the act comprised the completion of an application for employment and he spoiled the application;

unless those circumstances were due to reasons beyond his control.

(5) In this regulation—

“employment agency” and “employment business” mean an employment agency or (as the case may be) employment business within the meaning of Article 11 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981[^f00040];

“employment or training programme” means a course or programme the person’s participation in which is attributable to arrangements made by the Department under section 1 of the Employment and Training Act (Northern Ireland) 1950[^f00041] and sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945[^f00042] for the purpose of assisting persons to select, train for, obtain or retain employment.

Circumstances in which a person is to be treated as actively seeking employment

19

(1) A person shall be treated as actively seeking employment in the following circumstances, subject to paragraph (2) and to any maximum period specified in this paragraph—

(a) in any week during which he is participating for not less than 3 days as a full-time student in an employment-related course where participation by him has been approved before the course started by an employment officer, for a maximum of 2 weeks and one such course in any period of 12 months;

(b) in any week during which he is attending for not less than 3 days a residential work camp, for a maximum of 2 weeks and one such occasion in any period of 12 months;

(c) in any week during which he is temporarily absent from Northern Ireland for not less than 3 days because he is taking a member of his family who is a child or young person abroad for treatment, for a maximum of 8 weeks;

(d) in any week during which he is engaged for not less than 3 days in the manning or launching of a lifeboat or in the performance of duty as a part-time member of a fire brigade or engaged during an emergency in duties for the benefit of others;

(e) if he is a member of a couple, in any week during which he is for not less than 3 days looking after a member of his family who is a child while the other member is temporarily absent from the United Kingdom, for a maximum of 8 weeks;

(f) if he is following an Open University course, in any week during which he is attending for not less than 3 days, as a requirement of that course, a residential course, for a maximum of one week per course;

(g) in any week during which he is for not less than 3 days temporarily looking after a child full-time because the person who normally looks after the child is ill or temporarily absent from home or the person is looking after a member of the family who is ill, for a maximum of 8 weeks;

(h) in the first week after the date of claim if he is treated as available for employment to any extent in that week under regulation 14(1)(h) (circumstances in which a person is to be treated as available);

(i) if there is a period between the date of claim and the beginning of the first week after that date, for that period;

(j) if there is a period between the date the award is terminated and the end of the week in which the award is terminated, for the period between the beginning of the week in which the award is terminated and the date the award is terminated;

(k) in any week during which he is for not less than 3 days treated as capable of work in accordance with regulation 55 (short periods of sickness);

(l) in any week during which he is temporarily absent from Northern Ireland for not less than 3 days in order to attend an interview for employment and has given notice to an employment officer, in writing if so required by the employment officer, that he will be so absent, for a maximum of one week;

(m) if he is a member of a couple, in any week during which he and his partner are both absent from Northern Ireland for not less than 3 days and in which a premium referred to in paragraph 10, 11, 12, 13 or 15 of Schedule 1 (applicable amounts) is applicable in respect of his partner, for a maximum of 4 weeks;

(n) in any week during which he is treated as available for employment on not less than 3 days under regulation 14(2);

(o) in any week in respect of which he has given notice to an employment officer, in writing if so required by the employment officer, that—

(i) he does not intend to be actively seeking employment, but

(ii) he does intend to reside at a place other than his usual place of residence for at least one day;

(p) in any week during which he is participating for not less than 3 days in an employment or training programme for which a training allowance is not payable;

(q) in any week, being part of a single period not exceeding 8 weeks falling within a period of continuous entitlement to a jobseeker’s allowance, during which he is taking active steps to establish himself in self-employed earner’s employment under any scheme established by virtue of arrangements made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950 for assisting persons to become so employed, and the single period referred to above shall begin with and include the week in which he is accepted on a place under the scheme.

(2) In any period of 12 months a person shall be treated as actively seeking employment under paragraph (1)(o) only for the number of weeks specified in one of the following sub-paragraphs—

(a) a maximum of 2 weeks;

(b) a maximum of 3 weeks during which he is attending for at least 3 days in each such week an Outward Bound course, or

(c) if he is a blind person, a maximum of 6 weeks during which, apart from a period of no more than 2 weeks, he participates for a maximum period of 4 weeks in a course of training in the use of guide dogs of which at least 3 days in each such week is spent in that training.

(3) In this regulation—

“employment or training programme” means a course or programme the person’s participation in which is attributable to arrangements made by the Department under section 1 of the Employment and Training Act (Northern Ireland) 1950 and sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 for the purpose of assisting persons to select, train for, obtain or retain employment;

“treatment” means treatment for a disease or bodily or mental disablement by or under the supervision of a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.

Further circumstances in which a person is to be treated as actively seeking employment: permitted period

20

(1) A person to whom paragraph (2) does not apply shall be treated as actively seeking employment in any week during any permitted period determined in his case in accordance with regulation 16 (further circumstances in which a person is to be treated as available: permitted period), if he is actively seeking employment in that week—

(a) only in his usual occupation;

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

(2) A person to whom this paragraph applies shall be treated as actively seeking employment in any week during any permitted period determined in his case in accordance with regulation 16, if he is actively seeking employment, self-employed earner’s employment, or employment and self-employed earner’s employment in that week—

(a) only in his usual occupation;

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

(3) Paragraph (2) applies to a person who has, at any time during the period of 12 months immediately preceding the date of claim, been engaged in his usual occupation in self-employed earner’s employment.

Further circumstances in which a person is to be treated as actively seeking employment: laid off and short-time workers

21

A person who has restricted his availability for employment in accordance with regulation 17(1) (laid off and short-time workers) or, as the case may be, regulation 17(2), shall in any week in which he has so restricted his availability for not less than 3 days be treated as actively seeking employment in that week if he takes such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment for which he is available under regulation 17.

Interpretation of certain expressions for the purposes of regulations 18(3)(f)(i) and 19(1)(d)

22

For the purposes of regulations 18(3)(f)(i) (steps to be taken by persons actively seeking employment) and 19(1)(d) (circumstances in which a person is to be treated as actively seeking employment)—

(a) a person is engaged in duties for the benefit of others while—

(i) providing assistance to any person whose life may be endangered or who may be exposed to the risk of serious bodily injury or whose health may be seriously impaired;

(ii) protecting property of substantial value from imminent risk of serious damage or destruction, or

(iii) assisting in measures being taken to prevent a serious threat to the health of the people,

as a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection;

(b) events which may give rise to an emergency include—

(i) a fire, a flood or an explosion;

(ii) a natural catastrophe;

(iii) a railway or other transport accident;

(iv) a cave or mountain accident;

(v) an accident at sea;

(vi) a person being reported missing and the organisation of a search for that person.

Chapter IV — Attendance, Information and Evidence

Attendance

23

A claimant shall attend at such place and at such time as the Department may specify by a notice in writing given or sent to the claimant.

Provision of information and evidence

24

(1) A claimant shall provide such information as to his circumstances, his availability for employment and the extent to which he is actively seeking employment as may be required by the Department in order to determine the entitlement of the claimant to a jobseeker’s allowance, whether that allowance is payable to him and, if so, in what amount.

(2) A claimant shall furnish such other information in connection with the claim, or any question arising out of it, as may be required by the Department.

(3) Where—

(a) a jobseeker’s allowance may be claimed by either member of a couple, or

(b) entitlement to a jobseeker’s allowance or whether that allowance is payable and, if so, in what amount, is or may be affected by the circumstances of either member of a couple or any member of a polygamous marriage,

the Department may require the member of the couple other than the claimant to certify in writing whether he agrees to the claimant’s making the claim, or that he, or any member of a polygamous marriage, confirms the information given about his circumstances.

(4) A claimant shall furnish such certificates, documents and other evidence as may be required by the Department for the determination of the claim.

(5) A claimant shall furnish such certificates, documents and other evidence affecting his continuing entitlement to a jobseeker’s allowance, whether that allowance is payable to him and, if so, in what amount as the Department may require.

(6) A claimant shall, if the Department requires him to do so, provide a signed declaration to the effect that—

(a) he is, and has been since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph, either available for employment or satisfied the circumstances to be treated as available for employment, save as he has otherwise notified the Department;

(b) since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph he has either been actively seeking employment to the extent necessary to give him his best prospects of securing employment or he has satisfied the circumstances to be treated as actively seeking employment, save as he has otherwise notified the Department, and

(c) since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this paragraph there has been no change to his circumstances which might affect his entitlement to a jobseeker’s allowance or the payability or amount of such an allowance, save as he has notified the Department.

(7) A claimant shall notify the Department—

(a) of any change of circumstances which has occurred which he might reasonably be expected to know might affect his entitlement to a jobseeker’s allowance or the payability or amount of such an allowance, and

(b) of any such change of circumstances which he is aware is likely so to occur,

and shall do so as soon as reasonably practicable after its occurrence or, as the case may be, after he becomes so aware, by giving notice in writing (unless the Department determines in any particular case to accept notice given otherwise than in writing) to the appropriate office.

(8) Where, pursuant to paragraph (1) or (2), a claimant is required to provide information he shall do so when he attends in accordance with a notice under regulation 23 (attendance), if so required by the Department, or within such period as the Department may require.

(9) Where, pursuant to paragraph (4) or (5), a claimant is required to provide certificates, documents or other evidence he shall do so within 7 days of being so required or such longer period as the Department may consider reasonable.

(10) Where, pursuant to paragraph (6), a claimant is required to provide a signed declaration he shall provide it on the day on which he is required to attend in accordance with a notice under regulation 23 or such other day as the Department may require.

Entitlement ceasing on a failure to comply

25

(1) Subject to regulation 27 (where entitlement is not to cease), entitlement to a jobseeker’s allowance shall cease in the following circumstances—

(a) if the claimant fails to attend on the day specified in a notice under regulation 23 (attendance), other than a notice requiring attendance under a training scheme;

(b) if—

(i) following a failure to attend at the time specified in a notice under regulation 23, the Department has informed the claimant in writing that a failure to attend, on the next occasion on which he is required to attend, at the time specified in such a notice may result in his entitlement to a jobseeker’s allowance ceasing, and

(ii) he fails to attend at the time specified in such a notice on the next occasion;

(c) if the claimant was required to provide a signed declaration as referred to in regulation 24(6) (provision of information and evidence) and he fails to provide it on the day on which he ought to do so in accordance with regulation 24(10).

(2) In this regulation, “a training scheme” has the meaning given in regulation 75 (interpretation).

Time at which entitlement is to cease

26

Entitlement to a jobseeker’s allowance shall cease in accordance with regulation 25 (failure to comply) on whichever is the earlier of—

(a) the day after the last day in respect of which the claimant has provided information or evidence which establishes his entitlement to a jobseeker’s allowance;

(b) if regulation 25(1)(a) or (b) applies, the day on which he was required to attend, and

provided that it shall not cease earlier than the day after he last attended in compliance with a notice under regulation 23 (attendance).

Where entitlement is not to cease

27

(1) Entitlement to a jobseeker’s allowance shall not cease if the claimant shows, before the end of the 5th working day after the day on which he failed to comply with a notice under regulation 23 (attendance) or to provide a signed declaration in accordance with regulation 24 (provision of information and evidence), that he had good cause for the failure.

(2) In this regulation, “working day” means any day on which the appropriate office is not closed.

Matters to be taken into account in determining whether a claimant has good cause for failing to comply with a notice under regulation 23

28

(1) Subject to regulation 30 (circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notice under regulation 23), in determining, for the purposes of regulation 27 (where entitlement is not to cease), whether a claimant has good cause for failing to comply with a notice under regulation 23 (attendance) the matters which are to be taken into account shall include the following—

(a) whether the claimant misunderstood the requirement on him due to any learning, language or literacy difficulties of the claimant or any misleading information given to the claimant by an employment officer;

(b) whether the claimant was attending a medical or dental appointment, or accompanying a person for whom the claimant has caring responsibilities to such an appointment, and whether it would have been unreasonable, in the circumstances, to re-arrange the appointment;

(c) any difficulty with the claimant’s normal mode of transport and whether there was any reasonable available alternative;

(d) the established customs and practices of the religion, if any, to which the claimant belongs;

(e) whether the claimant was attending an interview for employment.

(2) In this regulation, “employment” means employed earner’s employment except in relation to a claimant to whom regulation 20(2) applies and for the duration only of any permitted period determined in his case in accordance with regulation 16, in which case, for the duration of that period, it means employed earner’s employment or self-employed earner’s employment.

Matters to be taken into account in determining whether a claimant has good cause for failing to provide a signed declaration

29

In determining, for the purposes of regulation 27 (where entitlement is not to cease), whether a claimant has good cause for failing to comply with a requirement to provide a signed declaration, as referred to in regulation 24(6) (provision of information and evidence), on the day on which he ought to do so the matters which are to be taken into account shall include the following—

(a) whether there were adverse postal conditions;

(b) whether the claimant misunderstood the requirement on him due to any learning, language or literacy difficulties of the claimant or any misleading information given to the claimant by an employment officer.

Circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notice under regulation 23

30

For the purposes of regulation 27 (where entitlement is not to cease), a claimant is to be regarded as having good cause for failing to comply with a notice under regulation 23 (attendance)—

(a) where, if regulation 5(1) (exceptions to requirement to be available immediately) applies in his case, he was required to attend at a time less than 48 hours from receipt by him of the notice;

(b) where, if regulation 5(2) applies in his case, he was required to attend at a time less than 24 hours from receipt by him of the notice;

(c) where he was, in accordance with regulation 14(1)(a) to (g), (k) to (m) or (2), treated as available for employment on the day on which he failed to attend;

(d) where the day on which he failed to attend falls in a week in which he was, in accordance with regulation 19(1)(o) and (2), treated as actively seeking employment.

Chapter V — Jobseeker’s Agreement

Contents of Jobseeker’s Agreement

31

The prescribed requirements for a jobseeker’s agreement are that it shall contain the following information—

(a) the claimant’s name;

(b) where the hours for which the claimant is available for employment are restricted in accordance with regulation 7 (restriction of hours for which a person is available to 40 hours per week), the total number of hours for which he is available and any pattern of availability;

(c) any restrictions on the claimant’s availability for employment, including restrictions on the location or type of employment, in accordance with regulations 5, 8, 13 and 17 (exceptions to requirement to be available immediately, other restrictions, additional restrictions for certain groups, and laid off and short-time workers);

(d) a description of the type of employment which the claimant is seeking;

(e) the action which the claimant will take—

(i) to seek employment, and

(ii) to improve his prospects of finding employment;

(f) the dates of the start and of the finish of any permitted period in his case for the purposes of Articles 8(5) and 9(5) of the Order;

(g) a statement of the claimant’s right—

(i) to have a proposed jobseeker’s agreement referred to an adjudication officer;

(ii) to seek a review of any determination of, or direction given by, an adjudication officer, and

(iii) to appeal to a social security appeal tribunal against any determination of, or direction given by, an adjudication officer on a review;

(h) the date of the agreement.

Back-dating of a Jobseeker’s Agreement by an adjudication officer

32

In giving a direction under Article 11(7)(c) of the Order, the adjudication officer shall take into account all relevant matters including—

(a) where the claimant refused to accept the agreement proposed by the employment officer, whether he was reasonable in so refusing;

(b) where the claimant has signified to the employment officer or to the adjudication officer that the claimant is prepared to accept an agreement which differs from the agreement proposed by the employment officer, whether the terms of the agreement which he is prepared to accept are reasonable;

(c) where the claimant has signified to the employment officer or to the adjudication officer that the claimant is prepared to accept the agreement proposed by the employment officer, that fact;

(d) the date on which, in all the circumstances, he considers that the claimant was first prepared to enter into an agreement which the adjudication officer considers reasonable, and

(e) where the date on which the claimant first had an opportunity to sign a jobseeker’s agreement was later than the date on which he made a claim, that fact.

Notification of determinations and directions under Article 11 of the Order

33

The claimant shall be notified of—

(a) any determination of the adjudication officer under Article 11 of the Order;

(b) any direction given by the adjudication officer under Article 11 of the Order.

Jobseeker’s Agreement treated as having been made

34

A claimant is to be treated as having satisfied the condition mentioned in Article 3(2)(b) of the Order—

(a) where he is permitted to make a claim for a jobseeker’s allowance without attending at an office of the Department, for the period beginning with and including the date of claim and ending on the date on which he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;

(b) where, after the date of claim, the claim is terminated before he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;

(c) as long as he is treated as available for employment in accordance with regulation 14 where the circumstances set out in that regulation arise after the date of claim and before he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;

(d) as long as there are circumstances not peculiar to the claimant which make impracticable or unduly difficult the normal operation of the provisions governing, or the practice relating to, the claiming, awarding or payment of jobseeker’s allowance.

Automatic back-dating of Jobseeker’s Agreement

35

Where a jobseeker’s agreement is signed on a date later than the date of claim and there is no reference of that agreement to an adjudication officer under Article 11(6) of the Order, the agreement shall be treated as having effect on the date of claim.

Jobseeker’s Agreement to remain in effect

36

A jobseeker’s agreement entered into by a claimant shall not cease to have effect on the coming to an end of an award of a jobseeker’s allowance made to him—

(a) where a further claim for a jobseeker’s allowance is made within a period not exceeding 14 days, or

(b) in respect of any part of a period of suspension, where—

(i) payment under an award of a jobseeker’s allowance has been suspended by direction of the Department on the ground that a question arises whether the conditions for entitlement to the allowance are or were fulfilled or the award ought to be revised;

(ii) subsequently that suspension is cancelled in respect of future periods, and

(iii) it is then determined that the award should be revised to the effect that there was no entitlement to the allowance in respect of any part of the period of suspension, or

(c) for as long as the claimant satisfies the conditions of entitlement to national insurance credits, other than any condition relating to the existence of a jobseeker’s agreement, in accordance with the Social Security (Credits) Regulations (Northern Ireland) 1975[^f00043].

Variation of Jobseeker’s Agreement

37

The prescribed manner for varying a jobseeker’s agreement shall be in writing and signed by both parties in accordance with Article 12(2) of the Order on the proposal of the claimant or the employment officer.

Direction to vary Agreement: time for compliance

38

The prescribed period for the purposes of Article 12(6)(c) of the Order shall be the period of 21 days beginning with and including the date on which the direction was issued.

Variation of Agreement: matters to be taken into account

39

In giving a direction under Article 12(6)(b) or (d) of the Order an adjudication officer shall take into account the preference of the claimant if he considers that both the claimant’s proposals and those of the employment officer satisfy the requirements of Article 12(5) of the Order.

Notification of determinations and directions under Article 12 of the Order

40

The claimant shall be notified of—

(a) any determination of the adjudication officer under Article 12 of the Order;

(b) any direction of the adjudication officer under Article 12 of the Order.

Procedure for reviews

41

(1) This regulation applies to an application for a review under Article 13 of the Order.

(2) An application for a review to which this regulation applies shall—

(a) be made in writing;

(b) set out the grounds for the application, and

(c) be made to an appropriate office within the period of 3 months beginning with and including the date on which the determination or direction was notified to the claimant.

(3) Where a claimant submits an application for a review by post which would have arrived in the appropriate office in the ordinary course of the post within the period prescribed by paragraph (2)(c) but is delayed by postal disruption caused by industrial action whether within the postal service or elsewhere, that period shall expire on the day the application is received at the appropriate office if that day does not fall within the period prescribed by paragraph (2)(c).

(4) The adjudication officer shall proceed to deal with any question arising on a review to which this regulation applies in accordance with Articles 11 and 12 of the Order and regulations 31 to 39.

(5) The claimant shall be notified of any determination of, or direction given by, an adjudication officer on a review to which this regulation applies and shall be notified of his right to appeal to a social security appeal tribunal against any such determination or direction under Article 13(3) of the Order.

(6) Accidental errors in, or in the record of, any determination of, or direction given by, an adjudication officer on a review to which this regulation applies may be corrected by the adjudication officer who made the determination, or gave the direction, or by another adjudication officer.

(7) A correction made to, or to the record of, a determination or direction shall be deemed to be part of the determination or direction or of that record and the claimant and the employment officer shall be notified of it in writing as soon as practicable.

42

Parts I and II and in Part III regulations 22(1) to (3) and 23 and 24 of the Social Security (Adjudication) Regulations (Northern Ireland) 1995[^f00044] shall apply in relation to appeals to the social security appeal tribunal under Article 13(3) of the Order as they apply to appeals to that tribunal under the Administration Act with the following modifications—

(a) in regulation 6(2), the addition of the words “or Article 13(3) of the Order ” after the words “Administration Act”;

(b) in Schedule 2, after entry 11, the addition of—

(i) in column (1), the words “Appeal to an appeal tribunal against any determination of, or direction given by, an adjudication officer on a review under Article 13 of the Order”;

(ii) in column (2), the words “the office of the Department which the claimant is required to attend in accordance with a notice under regulation 23 of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, or any other place which he is so required to attend”;

(iii) in column (3), the words “3 months beginning with and including the date when notice in writing of the determination or direction was given to the claimant”.

43

The prescribed period for the purposes of Article 13(5) of the Order shall be the period of 21 days beginning with and including the date on which the direction was issued.

Appeals to the Commissioner

44

The Social Security Commissioners Procedure Regulations (Northern Ireland) 1987[^f00045], except regulations 8, 12(2), 23, 28, 31(5), (6), (7) and (8), 32 and 33, shall apply in relation to appeals to the Commissioner under Article 13(6) of the Order as they apply in relation to appeals under section 21 of the Administration Act.

Appropriate person

45

A trade union or other association which exists to promote the interests and welfare of its members shall be an appropriate person for the purposes of Article 13(6) of the Order where—

(a) the claimant is a member of the union or of the association, as the case may be, at the time of the appeal and was so immediately before the question at issue arose, or

(b) the question at issue is a question as to or in connection with entitlement of a deceased person who was at the time of his death a member of the union or of the association, as the case may be.

Part III — Other Conditions of Entitlement

Waiting days

46

(1) Paragraph 4 of Schedule 1 to the Order shall not apply in a case where—

(a) a person’s entitlement to a jobseeker’s allowance commences within 12 weeks of an entitlement of his to income support, incapacity benefit or invalid care allowance coming to an end, or

(b) a claim for a jobseeker’s allowance falls to be determined by reference to Article 5(1)(f)(ii) of the Order (persons under the age of 18: severe hardship).

(2) In the case of a person to whom paragraph 4 of Schedule 1 to the Order applies, the number of days is 3.

Jobseeking period

47

(1) For the purposes of the Order, but subject to paragraphs (2) and (3), the “jobseeking period” means any period throughout which the claimant satisfies or is treated as satisfying the conditions specified in Article 3(2)(a) to (c) and (e) to (i) of the Order (conditions of entitlement to a jobseeker’s allowance).

(2) Any period in which—

(a) a claimant does not satisfy any of the requirements in Article 3(2)(a) to (c) of the Order, and

(b) a jobseeker’s allowance is payable to him in accordance with Part IX (hardship),

shall, for the purposes of paragraph (1), be treated as a period in which the claimant satisfies the conditions specified in Article 3(2)(a) to (c) of the Order.

(3) The following periods shall not be, or be part of, a jobseeking period—

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