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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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articles 4

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“contribution” means any contribution in respect of the income of any other person which the Department or an education authority takes into account in ascertaining the amount of the student’s grant, or any sums, which in determining the amount of a student’s allowance or bursary in Scotland in terms of the Student’s Allowances (Scotland) Regulations 1991[^f00110] or the Education Authority (Bursaries) (Scotland) Regulations 1995[^f00111], the Secretary of State or education authority takes into account being sums which the Secretary of State or the education authority consider that the holder of the allowance or bursary, the holder’s parents and the holders spouse can reasonably be expected to contribute towards the holder’s expenses;

“covenant income” means the income payable to a student under a Deed of Covenant by a person whose income is, or is likely to be, taken into account in assessing the student’s grant or award;

“education authority” means a government department, an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986[^f00112], a local education authority as defined in section 114(1) of the Education Act 1944[^f00113] (interpretation), an education authority as defined in section 123 of the Local Government (Scotland) Act 1973[^f00114], any body which is a research council for the purposes of the Science and Technology Act 1965[^f00115] or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Northern Ireland;

“grant” means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment derived from funds made available by the Department of Education for Northern Ireland under Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986 or by the Secretary of State under section 73 of the Education (Scotland) Act 1980[^f00116] for the purpose of assisting students in financial difficulties;

“grant income” means— any income by way of a grant; in the case of a student other than one to whom sub-paragraph (c) refers, any contribution that has been taken into account whether or not it has been paid; in the case of a student who satisfies the additional conditions for a disability premium in paragraph 14 of Schedule 1 (applicable amounts), any contribution which has been taken into account and which has been paid, and any such contribution which is paid by way of a covenant shall be treated as part of the student’s grant income;

“last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;

“periods of experience” has the meaning prescribed in regulation 3(1) of the Students Awards Regulations (Northern Ireland) 1995[^f00117];

“standard maintenance grant” means— except where paragraph (b) or (c) applies, in the case of a student attending a course of study at the University of London or an institution within the area comprising the City of London and the metropolitan police district, the amount specified for the time being in paragraph 2(2)(a) of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1995 for such a student; except where paragraph (c) applies in the case of a student residing at his parents' home, the amount specified in paragraph 3(2) of that Schedule; in the case of a student receiving an allowance or bursary under the Students' Allowances (Scotland) Regulations 1991 or the Education Authority (Bursaries) (Scotland) Regulations 1995, the amount of money specified as “standard maintenance allowance” for the relevant year appropriate for the student set out in the Guide to Under-graduate allowances issued by the Students Awards Agency for Scotland, or its nearest equivalent in the case of a bursary as set out by the local education authority; in any other case, the amount specified in paragraph 2(2) of that Schedule other than in sub-paragraph (a) or (b) thereof;

“student” means a full-time student;

“year”, in relation to a course, means the period of 12 months beginning on and including 1st January, 1st April or 1st September according to whether the academic year of the course in question begins in the spring, the summer or the autumn respectively.

Calculation of grant income

131

(1) The amount of a student’s grant income to be taken into account shall, subject to paragraphs (2) and (3), be the whole of his grant income.

(2) There shall be disregarded from the amount of a student’s grant income any payment—

(a) intended to meet tuition fees or examination fees;

(b) intended to meet additional expenditure incurred by a disabled student in respect of his attendance on a course;

(c) intended to meet additional expenditure connected with term time residential study away from the student’s educational establishment;

(d) on account of the student maintaining a home at a place other than that at which he resides while attending his course but only to the extent that his rent or rates is not met by housing benefit;

(e) on account of any other person but only if that person is residing outside the United Kingdom and there is no applicable amount in respect of him;

(f) intended to meet the cost of books and equipment or if not so intended an amount equal to £278 towards such costs;

(g) intended to meet travel expenses incurred as a result of his attendance on the course.

(3) Where in pursuance of an award a student is in receipt of a grant in respect of maintenance under regulation 12(1)(b) of the Student Awards Regulations (Northern Ireland) 1995 (payments by boards) there shall be excluded from his grant income a sum equal to the amount from time to time specified in paragraph 7(4) of Schedule 7 to those regulations, being the amount to be disregarded in respect of travel costs in the particular circumstances of his case.

(4) A student’s grant income except any amount intended for the maintenance of dependants under Part 3 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1995 or otherwise, or intended for an older student under Part 4 of that Schedule, shall be apportioned—

(a) subject to paragraph (6), in a case where it is attributable to the period of study, equally between the weeks in that period;

(b) in any other case, equally between the weeks in the period in respect of which it is payable.

(5) Any amount intended for the maintenance of dependants or for an older student under the provisions referred to in paragraph (4) shall be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53 weeks.

(6) In the case of a student on a sandwich course, any periods of experience within the period of study shall be excluded and the student’s grant income shall be apportioned equally between the remaining weeks in that period.

Calculation of covenant income where a contribution is assessed

132

(1) Where a student is in receipt of income by way of a grant during a period of study and a contribution has been assessed, the amount of his covenant income to be taken into account for that period and any summer vacation immediately following shall be the whole amount of his covenant income less, subject to paragraph (3), the amount of the contribution.

(2) The weekly amount of the student’s covenant income shall be determined—

(a) by dividing the amount of income which falls to be taken into account under paragraph (1) by 52 or, if there are 53 benefit weeks (including part-weeks) in the year, 53, and

(b) by disregarding £5 from the resulting amount.

(3) For the purposes of paragraph (1), the contribution shall be treated as increased by the amount, if any, by which the amount excluded under regulation 131(2)(g) (calculation of grant income) falls short of the amount for the time being specified in paragraph 7(4)(i) of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1995 (requirements).

Covenant income where no grant income or no contribution is assessed

133

(1) Where a student is not in receipt of income by way of a grant the amount of his covenant income shall be calculated as follows—

(a) any sums intended for any expenditure specified in regulation 131(2)(a) to (e) (calculation of grant income), necessary as a result of his attendance on the course, shall be disregarded;

(b) any covenant income, up to the amount of the standard maintenance grant, which is not so disregarded, shall be apportioned equally between the weeks of the period of study and there shall be disregarded from the covenant income to be so apportioned the amount which would have been disregarded under regulation 131(2)(f) and (g) and (3) had the student been in receipt of the standard maintenance grant;

(c) the balance, if any, shall be divided by 52 or, if there are 53 benefit weeks (including part-weeks) in the year, 53 and treated as weekly income of which £5 shall be disregarded.

(2) Where a student is in receipt of income by way of a grant and no contribution has been assessed, the amount of his covenant income shall be calculated in accordance with paragraph (1), except that—

(a) the value of the standard maintenance grant shall be abated by the amount of his grant income less an amount equal to the amount of any sums disregarded under regulation 131(2)(a) to (e), and

(b) the amount to be disregarded under paragraph (1)(b) shall be abated by an amount equal to the amount of any sums disregarded under regulation 131(2)(f) and (g) and (3).

Relationship with amounts to be disregarded under Schedule 6

134

No part of a student’s covenant income or grant income shall be disregarded under paragraph 15 of Schedule 6 (charitable and voluntary payments) and any other income to which sub-paragraph (1) of that paragraph applies shall be disregarded only to the extent that the amount disregarded under regulation 132(2)(b) (calculation of covenant income where a contribution is assessed) or, as the case may be, 133(1)(c) (covenant income where no grant income or no contribution is assessed) is less than £20.

Other amounts to be disregarded

135

(1) For the purposes of ascertaining income other than grant income, covenant income, and loans treated as income in accordance with regulation 136 (treatment of student loans), any amounts intended for any expenditure specified in regulation 131(2) (calculation of grant income) necessary as a result of the student’s attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulations 131(2) and (3), 132(3) and 133(1)(a) or (b) (calculation of grant income and covenant income) on like expenditure.

(2) Where a claim is made in respect of any period in the normal summer vacation and any income is payable under a Deed of Covenant which commences or takes effect after the first day of that vacation, that income shall be disregarded.

Treatment of student loans

136

(1) A loan which is made to a student pursuant to arrangements made under Article 3 of the Education (Student Loans) (Northern Ireland) Order 1990[^f00118] or section 1 of the Education (Student Loans) Act 1990[^f00119] shall be treated as income.

(2) In calculating the weekly amount of the loan to be taken into account as income—

(a) except where sub-paragraph (b) applies, the loan shall be apportioned equally between the weeks in the academic year in respect of which the loan is payable;

(b) in the case of a loan which is payable in respect of the final academic year of the course or if the course is of only one academic year’s duration, in respect of that year, the loan shall be apportioned equally between the weeks in the period beginning with the start of the final academic year or, as the case may be, the single academic year and ending with the last day of the course,

and from the weekly amount so apportioned there shall be disregarded £10.

(3) For the purposes of this regulation a student shall be treated as possessing the maximum amount of any loan referred to in paragraph (1) which he will be able to acquire in respect of an academic year by taking reasonable steps to do so.

Disregard of contribution

137

Where the claimant or his partner is a student and, for the purposes of assessing a contribution to the student’s grant, the other partner’s income has been taken into account, an amount equal to that contribution shall be disregarded for the purposes of assessing that other partner’s income.

Income treated as capital

138

Any amount by way of a refund of tax deducted from a student’s income shall be treated as capital.

Disregard of changes occurring during summer vacation

139

In calculating a student’s income an adjudication officer shall disregard any change in the standard maintenance grant occurring in the recognised summer vacation appropriate to the student’s course, if that vacation does not form part of his period of study, from and including the date on which the change occurred up to the end of that vacation.

Part IX — Hardship

Meaning of “person in hardship”

140

(1) In this Part, a “person in hardship” means for the purposes of regulation 141 (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship) a claimant, other than a claimant to whom paragraph (3) or (4) applies, who—

(a) is a single woman—

(i) who is pregnant, and

(ii) in respect of whom the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid to her, she will suffer hardship;

(b) is a single person who is responsible for a young person, and the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid to the single person, the young person will suffer hardship;

(i) the woman is pregnant, and

(ii) the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid, the woman will suffer hardship;

(d) is a member of a polygamous marriage and—

(i) one member of the marriage is pregnant, and

(ii) the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid, that woman will suffer hardship;

(e) is a member of a married or unmarried couple or of a polygamous marriage where—

(i) one or both members of the couple, or one or more members of the polygamous marriage, are responsible for a child or young person, and

(ii) the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid, the child or young person will suffer hardship;

(f) has an award of a jobseeker’s allowance which includes or would if a claim for a jobseeker’s allowance from him were to succeed have included in his applicable amount a disability premium and—

(i) where the person has an award, a jobseeker’s allowance is not payable either because it is suspended or because Article 21 of the Order (circumstances in which a jobseeker’s allowance is not payable) applies in his case, and

(ii) the adjudication officer is satisfied that, unless a jobseeker’s allowance is paid, the person who would satisfy the conditions of entitlement to that premium would suffer hardship;

(g) suffers, or whose partner suffers from a chronic medical condition which results in functional capacity being limited or restricted by physical impairment and the adjudication officer is satisfied that—

(i) the suffering has already lasted, or is likely to last, for not less than 26 weeks, and

(ii) unless a jobseeker’s allowance is paid to the claimant the probability is that the health of the person suffering would, within 2 weeks of the adjudication officer making his decision, decline further than that of a normally healthy adult and that person would suffer hardship;

(h) does, or whose partner does, or in the case of a claimant who is married to more than one person under a law which permits polygamy, at least one of those persons do, devote a considerable portion of each week to caring for another person who—

(i) is in receipt of an attendance allowance or the care component of disability living allowance at one of the 2 higher rates prescribed under section 72(4) of the Benefits Act;

(ii) has claimed either attendance allowance or disability living allowance, but only for so long as the claim has not been determined, or for 26 weeks from, and including, the date of claiming, whichever is the earlier,

and the adjudication officer is satisfied, after taking account of the factors set out in paragraph (5) in so far as they are appropriate to the particular circumstances of the case, that the person providing the care will not be able to continue doing so unless a jobseeker’s allowance is paid to the claimant;

(i) is a person or is a partner of a person to whom Article 18 of the Order applies by virtue of a direction issued by the Department, except where the person to whom the direction applies does not satisfy the requirements of Article 3(2)(a) to (c) of the Order, or

(j) is a person—

(i) to whom Article 5(1)(f)(iii) of the Order (persons under the age of 18) applies, or is a partner of such a person, and

(ii) in respect of whom the adjudication officer is satisfied that the person will, unless a jobseeker’s allowance is paid, suffer hardship.

(2) Except in a case to which paragraph (3) applies a “person in hardship” means for the purposes of regulation 142 (further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship), a claimant where the adjudication officer is satisfied that he or his partner will suffer hardship unless a jobseeker’s allowance is paid to him.

(3) In paragraphs (1) and (2) a “person in hardship” does not include a claimant who is entitled, or whose partner is entitled, to income support or who falls within a category of persons prescribed for the purpose of section 123(1)(e) of the Benefits Act.

(4) Paragraph (1)(h) shall not apply in a case where the person being cared for resides in a residential care home or nursing home.

(5) Factors which, for the purposes of paragraphs (1) and (2), an adjudication officer is to take into account in determining whether a person will suffer hardship are—

(a) the presence in the claimant’s family of a person who satisfies the requirements for a disability premium specified in paragraphs 13 and 14 of Schedule 1;

(b) the resources which, without a jobseeker’s allowance, are likely to be available to the claimant’s family, the amount by which these resources fall short of the amount applicable in his case in accordance with regulation 145 (applicable amount in hardship cases), the amount of any resources which may be available to members of the claimant’s family from any person in the claimant’s household who is not a member of his family, and the length of time for which those factors are likely to persist;

(c) whether there is a substantial risk that essential items, including food, clothing, heating and accommodation, will cease to be available to the claimant or to a member of the claimant’s family, or will be available at considerably reduced levels and the length of time those factors are likely to persist.

Circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship

141

(1) This regulation applies to persons in hardship within the meaning of regulation 140(1) (meaning of “person in hardship”), and is subject to the provisions of regulations 143 and 144 (conditions for hardship payments and provision of information).

(2) Subject to paragraph (3), a person in hardship shall be treated as entitled to an income-based jobseeker’s allowance for the period beginning with and including the date of claim or, if later, from, and including, the day he first becomes a person in hardship and ending on the day before the claim is determined where a reason for the delay in determining the claim is that a question arises as to whether the claimant satisfies any of the conditions of entitlement specified in Article 3(2)(a) to (c) of the Order (the jobseeker’s allowance).

(3) A person in hardship to whom paragraph (2) applies may be treated as entitled to an income-based jobseeker’s allowance for a period after the date of claim referred to in that paragraph but before the date the statement mentioned in regulation 143(1) is furnished where the adjudication officer is satisfied that the claimant suffered hardship because of a lack of resources during that period.

(4) A person in hardship, except where the person has been treated as not available for employment in accordance with regulations under Article 8(4) of the Order (availability for employment) shall, subject to the conditions specified in regulation 143 (conditions for hardship payments), be entitled to an income-based jobseeker’s allowance without satisfying the requirements of Article 3(2)(a) to (c) of the Order provided he satisfies the other conditions of entitlement to that benefit.

(5) An income-based jobseeker’s allowance shall be payable to a person in hardship even though payment to him of a jobseeker’s allowance has been suspended in accordance with regulation 36 of the Claims and Payments Regulations (suspension in individual cases) on the ground that a doubt has arisen as to whether he satisfies the requirements of Article 3(2)(a) to (c) of the Order, but the allowance shall be payable only if and for so long as the claimant satisfies the other conditions of entitlement to an income-based jobseeker’s allowance.

(6) An income-based jobseeker’s allowance shall be payable to a person in hardship even though Article 21 of the Order (circumstances in which a jobseeker’s allowance is not payable) prevents payment of a jobseeker’s allowance to him but the allowance shall be payable only if and for so long as he satisfies the conditions of entitlement to an income-based jobseeker’s allowance.

Further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship

142

(1) This regulation applies to a person in hardship who falls within paragraph (2) but not paragraph (1) of regulation 140 (meaning of “person in hardship”) and is subject to the provisions of regulations 143 and 144 (conditions for hardship payments and provision of information).

(2) A person in hardship shall be treated as entitled to an income-based jobseeker’s allowance for a period commencing on whichever is the later of—

(a) the 15th day following the date of claim;

(b) where the Department has certified that the claim is the first claim in a jobseeking period, the 18th day following the date of claim, or

and ending on the day before the claim is determined where a reason for the delay in determining the claim is that a question arises as to whether the claimant satisfies any of the conditions of entitlement specified in Article 3(2)(a) to (c) of the Order.

(3) An income-based jobseeker’s allowance shall be payable subject to paragraph (4) to a person in hardship even though payment to him of a jobseeker’s allowance has been suspended in accordance with regulations made by virtue of section 5(1)(o) of the Administration Act (suspension of benefit) on the ground that a doubt has arisen as to whether he satisfies the requirements of Article 3(2)(a) to (c) of the Order but the allowance shall be payable only if and for so long as the claimant satisfies the other conditions of entitlement to an income-based jobseeker’s allowance.

(4) An income-based jobseeker’s allowance shall not be payable in respect of the first 14 days of the period of suspension.

(5) An income-based jobseeker’s allowance shall be payable to a person in hardship even though Article 21 of the Order (circumstances in which a jobseeker’s allowance is not payable) prevents payment of a jobseeker’s allowance to him, but the allowance—

(a) shall not be payable under this paragraph in respect of the first 14 days of the period to which Article 21 of the Order applies, and

(b) shall be payable thereafter only where the conditions of entitlement to an income-based jobseeker’s allowance are satisfied.

Conditions for hardship payments

143

(1) A jobseeker’s allowance shall not be payable in accordance with regulation 141 (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship) or, as the case may be, 142 (further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship), except where the claimant has—

(a) furnished on a form approved for the purpose by the Department or in such other form as it may in any particular case approve a statement of the circumstances he relies upon to establish entitlement under regulation 141 or, as the case may be, regulation 142, and

(b) signed the statement.

(2) The completed and signed form shall be delivered by the claimant to such office as the Department may specify.

Provision of information

144

For the purposes of paragraph 10(3) of Schedule 1 to the Order, a claimant shall provide to the Department information as to the circumstances of the person alleged to be in hardship.

Applicable amount in hardship cases

145

(1) The weekly applicable amount of a person to whom an income-based jobseeker’s allowance is payable in accordance with this Part shall, except in a case to which paragraph (2) applies, be reduced by a sum equal to 40 per cent. of the following amount—

(a) where he is a single claimant aged less than 18 or a member of a couple or a polygamous marriage where all the members, in either case, are less than 18, the amount specified in paragraph 1(1)(a), (b) or (c), as the case may be, of Schedule 1 (applicable amounts);

(b) where he is a single claimant aged not less than 18 but less than 25 or a member of a couple or polygamous marriage where one member is aged not less than 18 but less than 25 and the other member or, in the case of a polygamous marriage each other member, is a person under 18 who is not eligible for an income-based jobseeker’s allowance under Article 5(1)(f)(iii) of the Order (the income-based conditions) or is not subject to a direction under Article 18 of the Order (severe hardship), the amount specified in paragraph 1(1)(d) of Schedule 1;

(c) where he is a single claimant aged not less than 25 or a member of a couple or a polygamous marriage (other than a member of a couple or polygamous marriage to whom sub-paragraph (b) does not apply) at least one of whom is aged not less than 18, the amount specified in paragraph 1(1)(e) of Schedule 1.

(2) In a case where the claimant or any other member of his family is either pregnant or is seriously ill, his weekly applicable amount shall be reduced by a sum equal to 20 per cent. of the amount applicable in his case by way of a personal allowance determined in accordance with paragraph 1 of Schedule 1.

(3) A reduction under paragraph (1) or (2) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2·5p but not of 5p, to the next lower multiple of 5p.

Payments made on account of suspended benefit

146

(1) This regulation applies to a person to whom—

(a) payments of a jobseeker’s allowance have been suspended in accordance with regulations made under section 5(1)(o) of the Administration Act (suspension of benefit);

(b) an income-based jobseeker’s allowance is paid under regulation 141 (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship) or 142 (further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship).

(2) In the case of a person to whom—

(a) this regulation applies, and

(b) payments in respect of the benefit suspended fall to be made,

any benefit paid or payable by virtue of regulation 141(5) or 142(3) shall be treated as having been paid on account of the suspended benefit and only the balance of the suspended benefit (if any) shall be payable.

Part X — Urgent Cases

Urgent cases

147

(1) In a case to which this regulation applies, a claimant’s weekly applicable amount and his income and capital shall be calculated for the purposes of an income-based jobseeker’s allowance in accordance with the provisions of this Part.

(2) This regulation applies in accordance with the following provisions to—

(a) a claimant to whom paragraph (3) (certain persons from abroad) applies;

(b) a claimant to whom paragraph (6) (certain persons whose income is not readily available to them) applies.

(3) This paragraph applies to a person from abroad within the meaning of regulation 85(4) (special cases) who—

(a) having, during any one period of limited leave of a kind referred to in paragraph (a) of that definition (including any period as extended), supported himself without recourse to public funds other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted provided that there is a reasonable expectation that his supply of funds will be resumed;

(b) is an asylum seeker for the purposes of paragraph (4);

(c) is awaiting the outcome of an appeal made under Part II of the 1971 Act (including any period for which the appeal is treated as pending under section 33(4) of that Act);

(d) is a person to whom paragraph (c) of that definition applies but whose removal from the United Kingdom has been deferred in writing by the Secretary of State;

(e) is a person, other than someone to whom paragraph (c) of that definition applies, who has been granted permission to remain in the United Kingdom pending the removal of a person to whom sub-paragraph (d) applies;

(f) is a person who has no or no further right of appeal under the 1971 Act but has been allowed to remain in the United Kingdom while an application so to remain is, or representations on his behalf are, being considered by the Secretary of State;

(g) is a person to whom paragraph (d) of that definition applies and who has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State;

(h) is a person to whom paragraph (e), (f) or (g) of that definition applies and whose applicable amount, but for this sub-paragraph, would if calculated in accordance with regulation 85 (special cases) be nil;

(i) is a person other than one to whom sub-paragraph (d) applies who is subject to a direction for his removal from the United Kingdom, but whose removal has been deferred in writing by the Secretary of State.

(4) For the purposes of this paragraph, a person—

(a) becomes an asylum seeker when he has submitted a claim for asylum to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed from, or required to leave, the United Kingdom and that claim is recorded by the Secretary of State as having been made, or

(b) ceases to be an asylum seeker when his claim is recorded by the Secretary of State as having been finally determined or abandoned.

(5) In this regulation “the Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention.

(6) This paragraph shall only apply to a person who is treated as possessing income by virtue of regulation 105(6) and (7) (notional income) where the income he is treated as possessing is not readily available to him, and—

(a) the amount of jobseeker’s allowance payable to him otherwise than under this Part is less than the amount of a jobseeker’s allowance payable to him under this Part, and

(b) the adjudication officer is satisfied that, unless the provisions of this Part are applied to the claimant, the claimant or his family will suffer hardship.

Applicable amount in urgent cases

148

(1) For the purposes of calculating any entitlement to an income-based jobseeker’s allowance under this Part—

(a) except in a case to which sub-paragraph (b), (c) or (d) applies, a claimant’s weekly applicable amount shall be the aggregate of—

(i) 90 per cent. of the amount applicable (reduced where appropriate in accordance with regulation 145 (applicable amount in hardship cases)) in respect of himself or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1(1), (2) or (3) of Schedule 1 (applicable amounts) or, as the case may be, the amount applicable in respect of them under regulation 84 (polygamous marriages);

(ii) the amount applicable under paragraph 2 of Schedule 1 in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part VIII (income and capital) in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;

(iii) the amount, if applicable, specified in Part II or III of Schedule 1 (premiums);

(iv) any amounts applicable under regulation 83(f) or, as the case may be, 84(1)(g) (housing costs);

(v) the amount, if applicable, specified in paragraph 3 of Schedule 1, and

(vi) the amount of any protected sum which may be applicable to him in accordance with regulation 87(2);

(b) where the claimant is a resident in a residential care home or a nursing home and has a preserved right, his weekly applicable amount shall be the aggregate of—

(i) 90 per cent. of the amount of the allowance for personal expenses prescribed in paragraph 10(a) of Schedule 3 (applicable amounts of persons in residential care and nursing homes), or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both or all of them; and where regulation 145 (applicable amount in hardship cases) applies, the reference in this head to 90 per cent. of the amount so reduced shall be construed as a reference to 90 per cent. of the relevant amount under that regulation reduced by the percentage specified in paragraph (1) or (2), as the case may be, of that regulation;

(ii) the amount applicable under paragraph 10(b) to (e) of Schedule 3 in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;

(iii) the amount in respect of the weekly charge for his accommodation calculated in accordance with regulation 86 and Schedule 3 except any amount in respect of a child or young person who is a member of the family and whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000;

(i) 98 per cent. of the amount referred to in column (2) of paragraph 15(1)(a) to (c) and (e) of Schedule 4 (applicable amounts in special cases) applicable to him;

(ii) the amount applicable under column (2) of paragraph 15(1)(d) of Schedule 4, in respect of any child or young person who is a member of the family, except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000;

(d) except where sub-paragraph (b) or (c) applies, in the case of a person to whom any paragraph, other than paragraph 14 in column (1) of Schedule 4 applies, the amount shall be 90 per cent. of the amount applicable in column (2) of that Schedule in respect of the claimant and partner (if any), plus, if applicable—

(i) any amount in respect of a child or young person who is a member of the family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000;

(ii) any premium under Part II or III of Schedule 1;

(iii) any amounts applicable under regulation 83(f) or, as the case may be, 84(1)(g), and

(iv) the amount of the protected sum which may be applicable to him in accordance with regulation 87(2) (transitional supplement to income-based jobseeker’s allowance).

(2) Where the calculation of a claimant’s applicable amount under this regulation results in a fraction of a penny that fraction shall be treated as a penny.

Assessment of income and capital in urgent cases

149

(1) The claimant’s income shall be calculated in accordance with Part VIII subject to the following modifications—

(a) any income, other than a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds or income to which paragraph 6, 41(2), (3) or (4) or 42 of Schedule 6 (disregard of income other than earnings) applies, possessed or treated as possessed by him shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;

(b) any income to which regulation 116 (calculation of tariff income from capital) applies shall be disregarded;

(c) income treated as capital by virtue of regulation 110(1), (2), (3) and (9) (income treated as capital) shall be taken into account as income;

(d) in a case to which regulation 147(2)(b) (urgent cases) applies, any income to which regulation 105(6) and (7) (notional income) applies shall be disregarded.

(2) The claimant’s capital calculated in accordance with Part VIII, but including any capital referred to in paragraphs 3, and to the extent that such assets as are referred to in paragraph 11 consist of liquid assets, 11 and, except to the extent that the arrears referred to in paragraph 12 consist of arrears of housing benefit payable under Part VII of the Benefits Act, 12, 14(b), 24 and 32 of Schedule 7 (capital to be disregarded) shall be taken into account in full and the amount of a jobseeker’s allowance which would, but for this paragraph, be payable under this regulation, shall be payable only to the extent that it exceeds the amount of that capital.

Part XI — Part-weeks

Amount of a jobseeker’s allowance payable

150

(1) Subject to regulations 151 to 155, the amount payable by way of an income-based jobseeker’s allowance in respect of a part-week shall be calculated by applying the formula—

(a) where the claimant has no income,

$N×A,7or$

(b) where the claimant has an income,

$$(N×(A-I))(7)-B,$ where— A is the claimant’s weekly applicable amount in the relevant week; B is the amount of any jobseeker’s allowance, income support, maternity allowance, incapacity benefit or severe disablement allowance payable to any member of the claimant’s family other than the claimant in respect of any day in the part-week; I is the claimant’s weekly income in the relevant week less B; N is the number of days in the part-week.$

(2) Subject to regulations 151 to 155, the amount payable by way of a contribution-based jobseeker’s allowance in respect of a part-week shall be calculated by applying the formula—

$$(N×X)-(7)-Y,$ where— X is the personal rate determined in accordance with Article 6(1) of the Order (amount payable by way of a jobseeker’s allowance); Y is the amount of any widow’s benefit, invalid care allowance, training allowance and any increase in disablement pension payable in accordance with Part I of Schedule 7 to the Benefits Act (unemployability supplement) payable in respect of any day in the part-week; N is the number of days in the part-week.$

(3) In this Part—

“part-week” means an entitlement to a jobseeker’s allowance in respect of any period of less than a week;

“relevant week” means the period of 7 days determined in accordance with regulation 152.

Amount of a jobseeker’s allowance payable where a person is in a residential care or nursing home

151

(1) Subject to regulations 153 and 154 (modification in the calculation of income and reduction in certain cases) in the case of a claimant—

(a) to whom regulation 86 (applicable amounts for persons in residential care or nursing homes) applies, and

(b) for whom the weekly charge for the accommodation is due to be paid during a part-week to which regulation 152(1) (relevant week) applies,

the amount of a jobseeker’s allowance payable shall be—

(i) where the claimant has no income, A, or

(ii) where the claimant has income, calculated in accordance with the formula (A − I) − B,

where “A”, “B” and “I” have the values set out in regulation 150(1) (amount of a jobseeker’s allowance payable).

(2) In a case to which paragraph (1) applies, the claimant’s weekly applicable amount shall be—

(a) where the weekly charge for the accommodation includes all meals, the aggregate of the following amounts—

(i) the weekly charge for the accommodation determined in accordance with paragraph 1(1)(a) of Schedule 3 (applicable amounts of persons in residential care and nursing homes), and

(ii) the amount calculated in accordance with the formula—

$(N×P)7+(N×H);7$

(b) where the weekly charge for the accommodation does not include all meals, the aggregate of the following amounts—

(i) the weekly charge for the accommodation determined in accordance with paragraph 1(1)(a) of Schedule 3 less M, and

(ii) the amount calculated in accordance with the formula—

$(N×M)7+(N×P)7+(N×H).7$

(3) In paragraph 2—

“H” means the weekly amount determined in accordance with paragraph 1(1)(c) of Schedule 3;

“M” means the amount of the increase for meals calculated on a weekly basis in accordance with paragraph 2 of Schedule 3;

“P” means the weekly amount for personal expenses determined in accordance with paragraph 10 of Schedule 3.

Relevant week

152

(1) Where the part-week—

(a) is the whole period for which a jobseeker’s allowance is payable or occurs at the beginning of an award, the relevant week is the period of 7 days ending on the last day of that part-week;

(b) occurs at the end of an award, the relevant week is the period of 7 days beginning on and including the first day of the part-week, or

(c) occurs because a jobseeker’s allowance is not payable for any period in accordance with Article 21 of the Order (circumstances in which a jobseeker’s allowance is not payable), the relevant week is the 7 days ending immediately before the start of the next benefit week to commence for that claimant.

(2) Where a person has an award of a jobseeker’s allowance and his benefit week changes, for the purpose of calculating the amounts of a jobseeker’s allowance payable for the part-week beginning on and including the day after his last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning on and including the day after the last complete benefit week.

Modification in the calculation of income

153

For the purposes of regulation 150 (amount of jobseeker’s allowance payable for part-weeks) a claimant’s income and, in determining the amount payable by way of an income-based jobseeker’s allowance, the income of any person which the claimant is treated as possessing under Article 14(4) of the Order (income and capital: general) or regulation 88(4) (calculation of income and capital of members of claimant’s family and of a polygamous marriage), shall be calculated in accordance with Parts VIII, and, where applicable, IX and X (hardship and urgent cases) subject to the following changes—

(a) any income which is due to be paid in the relevant week shall be treated as paid on the first day of that week;

(b) in determining the amount payable by way of an income-based jobseeker’s allowance, any jobseeker’s allowance, income support, maternity allowance, incapacity benefit or severe disablement allowance under the Benefits Act payable in the relevant week but not in respect of any day in the part-week shall be disregarded;

(c) in determining the amount payable by way of a contribution-based jobseeker’s allowance, any widow’s benefit, invalid care allowance, training allowance or any increase in disablement pension payable in accordance with Part I of Schedule 7 to the Benefits Act (unemployability supplement) which is payable in the relevant week but not in respect of any day in the part-week shall be disregarded;

(d) where the part-week occurs at the end of the claim, any income or any change in the amount of income of the same kind which is first payable within the relevant week but not on any day in the part-week shall be disregarded;

(e) where the part-week occurs immediately after a period in which a person was treated as engaged in remunerative work under regulation 52 (persons treated as engaged in remunerative work) any earnings which are taken into account for the purposes of determining that period shall be disregarded;

(f) where only part of the weekly amount of income is taken into account in the relevant week, the balance shall be disregarded.

Reduction in certain cases

154

The reduction to be made in accordance with Part IX (hardship) in respect of an income-based jobseeker’s allowance shall be an amount equal to one seventh of the reduction which would be made under that Part for a week multiplied by the number of days in the part-week.

Modification of Article 17(2) of the Order

155

In its application to an income-based jobseeker’s allowance payable for a part-week, Article 17(2)(d) of the Order shall have effect subject to the following modification—

(d) any payment by way of an income-based jobseeker’s allowance for that period or any part of it which apart from this paragraph would be made to the claimant— (i) shall not be made, if the amount of an income-based jobseeker’s allowance which would be payable for a period of less than a week is equal to or less than the proportion of the prescribed sum appropriate to the number of days in the part-week; (ii) shall be at a rate equal to the difference between the amount which would be payable for a period of less than a week and the prescribed sum where that amount would be more than the prescribed sum.

Part XII — Special Categories

Interpretation

156

In this Chapter—

“fishing boat” means a fishing vessel as defined by section 313 of the Merchant Shipping Act 1995[^f00120];

“share fisherman” means any person who— is ordinarily employed in the fishing industry otherwise than under a contract of service, as a master or member of the crew of any fishing boat manned by more than one person, and is remunerated in respect of that employment in whole or in part by a share of the profits or gross earnings of the fishing boat, or has ordinarily been so employed, but who by reason of age or infirmity permanently ceases to be so employed and becomes ordinarily engaged in employment ashore in Northern Ireland, otherwise than under a contract of service, making or mending any gear appurtenant to a fishing boat or performing other services ancillary to or in connection with that boat and is remunerated in respect of that employment in whole or in part by a share of the profits or gross earnings of that boat and has not ceased to be ordinarily engaged in such employment; and other expressions used in this Chapter, have the same meanings as in the Social Security (Mariners' Benefits) Regulations (Northern Ireland) 1975[^f00121].

157

The Order and the foregoing provisions of these Regulations shall have effect in relation to share fishermen subject to the provisions of this Chapter.

Modification of Article 2(2) of the Order

158

The definition of “trade dispute” in Article 2(2) of the Order (interpretation) shall apply to share fishermen with the effect that the owner (or managing owner if there is more than one owner) of a fishing boat shall be treated as the employer of any share fisherman (other than himself) ordinarily employed as master or member of the crew of, or making or mending any gear appurtenant to, or performing other services ancillary to or in connection with, that fishing boat, and any such share fisherman shall be treated as his employee.

Modifications of Article 4 of the Order

159

Article 4 of the Order (the contribution-based conditions) shall apply to share fishermen with the modifications set out in paragraphs (a) and (b)—

(a) after “Class 1 contributions” in each place where those words occur there shall be inserted “or special Class 2 contributions”;

(b) in paragraph (4) after the definition of “the relevant benefit year” there shall be inserted the following definition—

(ba) “special Class 2 contributions” means any Class 2 contributions paid by a share fisherman at the rate applicable to share fishermen in accordance with regulation 96(c) of the Social Security (Contributions) Regulations (Northern Ireland) 1979[^f00122].

Modifications of Articles 21 and 22 of the Order

160

For the purposes of Articles 21 and 22 of the Order (circumstances in which a jobseeker’s allowance is not payable) employment as a share fisherman shall be treated as employment as an employed earner.

Additional conditions for payment of a jobseeker’s allowance

161

(1) It shall be an additional condition with respect to the payment of a jobseeker’s allowance to a share fisherman in respect of any week, that in respect of any period in that week when he has not worked as a share fisherman, he proves that he has not neglected to avail himself of a reasonable opportunity of employment as a share fisherman.

(2) The following provisions shall apply for the purposes of the application of paragraph (1)—

(a) work as a share fisherman within the meaning of paragraph (1) shall include any of the work specified in sub-paragraph (b) which at the time of its performance is necessary for the safety or reasonable efficiency of the fishing boat, or is likely to become so necessary in the near future, and which it is the duty of the share fisherman (whether by agreement, custom, practice or otherwise) to undertake without remuneration other than by way of a share in the profits or gross earnings of the fishing boat, but any other work done to the fishing boat or its nets or gear shall be disregarded, and

(b) the work so included by sub-paragraph (a) is any work done to the fishing boat or its nets or gear by way of repairs (including running repairs) or maintenance, or in connection with the laying up of the boat and its nets and gear at the end of a fishing season or their preparation for a season’s fishing.

(3) It shall be a further additional condition with respect to the payment of a contribution-based jobseeker’s allowance to a share fisherman in respect of any week, that where he is master or a member of the crew of a fishing boat of which either the master or any member of the crew is the owner or part owner, he must also prove that in respect of any period in that week when he was not working as a share fisherman, the fishing boat did not put to sea with a view to fishing for the reason—

(a) that on account of the state of the weather the fishing boat could not reasonably have put to sea with a view to fishing;

(b) that the fishing boat was undergoing repairs or maintenance, not being repairs or maintenance to which paragraph (2) relates;

(c) that there was an absence of fish from any waters in which the fishing boat could reasonably be expected to operate, or

(d) that any other good cause necessitated abstention from fishing.

Remunerative work

162

In determining the number of hours in which a person is engaged in remunerative work for the purposes of establishing entitlement to a contribution-based jobseeker’s allowance, no account shall be taken of any hours in which a person is engaged in work as a share fisherman.

Calculation of earnings

163

(1) In the calculation of earnings derived from work as a share fisherman for the purposes of establishing entitlement to a contribution-based jobseeker’s allowance, the provisions of Part VIII (income and capital) shall apply subject to paragraphs (2) and (3).

(2) Regulation 95 (calculation of earnings of self-employed earners) shall be omitted.

(3) For regulation 101 (calculation of net profit of self-employed earners) there shall be substituted the following regulation—

(101) (1) Earnings derived from employment as a share fisherman within the meaning of regulation 156 (interpretation) shall be calculated in accordance with paragraphs (2) to (12). (2) Any such earnings shall be treated as paid in the benefit week in respect of which they are earned. (3) The amount of earnings to be taken into account in respect of any benefit week shall be the claimant’s share of the net profit derived from that work less— (a) an amount in respect of income tax and social security contributions under the Benefits Act calculated in accordance with regulation 102 (deduction of tax and contributions for self-employed earners), and (b) one half of any premium paid in respect of a personal pension scheme. (4) Subject to paragraph (5), there shall be disregarded from a claimant’s weekly net profit— (a) £15, and (b) the amount of any earnings specified in paragraphs 4 and 15 of Schedule 5 (sums to be disregarded in the calculation of earnings), if applicable. (5) Where a share fisherman has earnings from work other than work as a share fisherman, and an amount is disregarded from those earnings in accordance with paragraph 9, 10 or 12 of Schedule 5— (a) if the amount so disregarded is £15, paragraph (4)(a) shall not apply; (b) if the amount so disregarded is less than £15, the amount disregarded under paragraph (4)(a) shall not exceed the difference between the amount disregarded from those other earnings and £15. (6) For the purposes of paragraph (3), the net profit shall be calculated by taking into account the earnings less, subject to paragraphs (7) to (9), any expenses relevant to that benefit week which were wholly, exclusively and necessarily incurred for the purposes of that employment. (7) Subject to paragraph (8), no deduction shall be made under paragraph (6) in respect of— (a) any capital expenditure; (b) the depreciation of any capital asset; (c) any sum employed or intended to be employed in the setting up or expansion of the employment; (d) the repayment of capital on any loan taken out for the purposes of the employment; (e) any expenses incurred in providing business entertainment. (8) A deduction shall be made under paragraph (6) in respect of the repayment of capital on any loan used for— (a) the replacement in the course of business of equipment or machinery; (b) the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair; and (c) the purchase of land under the Northern Ireland Land Act 1925[^f00123]. (9) An adjudication officer shall refuse to make a deduction under paragraph (6) in respect of any expenses where he is not satisfied that the expense has been incurred or, having regard to the nature of the expense and its amount, that it has been reasonably incurred. (10) For the avoidance of doubt— (a) a deduction shall not be made under paragraph (6) in respect of any sum unless it has been incurred for the purposes of the business; (b) a deduction shall be made in respect of— (i) the excess of any value added tax paid over value added tax received in the benefit week; (ii) any expense incurred in the repair of an existing asset except to the extent that any sum is payable under an insurance policy for its repair; (iii) any payment of interest on a loan taken out for the purposes of the employment. (11) Notwithstanding paragraphs (1) to (10), an adjudication officer may calculate earnings or expenditure over a period other than the benefit week if he considers it is reasonable to do so having regard to all the facts of the case and in particular whether the earnings earned or expenditure incurred in respect of a benefit week are unusually high or low. (12) Where the claimant is a share fisherman in the Republic of Ireland the amounts to be deducted for income tax and contributions under this regulation shall be such amounts as, in the opinion of the adjudication officer, would have been deducted had the claimant been employed in Northern Ireland. (13) In this regulation “benefit week” has the same meaning as in regulation 164 (share fishermen: amount payable).

(4) In regulation 102 (deduction of tax and contributions for self-employed earners)—

(a) in paragraphs (1) and (2) for “regulation 101(1)(b)(i)” there shall be substituted “regulation 101(3)(a)” ;

(b) in paragraph (3)(a) for “under paragraph (4)(a) or, as the case may be, (5)” there shall be substituted “under paragraph (6)”, and

(4) For the purposes of paragraphs (1) and (2) the earnings to which the lower rate of tax is to be applied and the amount of personal relief deductible, the amount specified in section 11(4) of the Benefits Act, and the upper limit of profits and gains referred to in paragraph (2)(b), shall be apportioned pro rata according to the period over which the earnings are assessed in accordance with regulation 101.

Amount payable

164

(1) The amount payable to a share fisherman by way of a contribution-based jobseeker’s allowance shall be calculated in accordance with regulations 79 to 81 (weekly amounts of contribution-based jobseeker’s allowance, deductions in respect of earnings and payments by way of pensions) and this regulation, and Part XI (part-weeks) shall not apply.

(2) Regulations 79 to 81 shall apply in respect of share fishermen so that the amount payable is calculated by reference to earnings earned and pension payments received in the benefit week.

(3) In this regulation “benefit week” means—

(a) in respect of the week in which the claim is made, the period of 7 days beginning with and including the date of claim, and

(b) in respect of any subsequent week, the period of 7 days beginning with and including the day after the last day of the previous benefit week.

Chapter II — Persons outside Northern Ireland

165

(1) The Social Security (Mariners' Benefits) Regulations (Northern Ireland) 1975[^f00124] shall be amended in accordance with paragraphs (2) to (4) .

(2) In regulation 2 (days in periods of paid leave not to be treated as days of unemployment) for the words from “no day” to the end of the regulation there shall be substituted “he shall not be regarded as available for employment on any day in that period of leave.”.

(3) After regulation 4 (removal of disqualification for receiving benefit by reason of absence from Northern Ireland) there shall be inserted the following regulation—

(4A) (1) Subject to paragraph (2), where a claimant would be entitled to a contribution-based jobseeker’s allowance but for Article 3(2)(i) of the Jobseeker’s (Northern Ireland) Order 1995[^f00125] (conditions of entitlement to a jobseeker’s allowance: requirement to be in Northern Ireland), he shall be entitled to a contribution-based jobseeker’s allowance notwithstanding his absence from Northern Ireland if— (a) he is or has been employed as a mariner on board any ship or vessel, or is or has been under contract to travel at his employer’s expense for the purpose of commencing such employment, and (b) while so employed or under contract so to travel, he has been left outside Northern Ireland, and reports to the appropriate superintendent or consular officer or chief officer of customs not later than 14 days after being so left, or, if it is not reasonably practicable for him to report within 14 days, as soon as is reasonably practicable. (2) Paragraph (1) shall cease to apply to a claimant— (a) on his commencing or resuming employment outside Northern Ireland; (b) on his being returned to the place to which regulation 6 of the Merchant Shipping (Repatriation) Regulations 1979[^f00126] (place for return) requires him to be returned, or (c) where he is required to be returned under regulation 6 of the Merchant Shipping (Repatriation) Regulations 1979 but is not so returned, on the first day on which his return could reasonably have been expected.

(4) In regulation 6 for paragraph (1) there shall be substituted the following paragraph—

(1) A mariner or share fisherman employed as such on board any ship or vessel shall be treated as available for and actively seeking employment during any period when he is absent from Northern Ireland if he would be so available or actively seeking employment but for the fact that he is absent from Northern Ireland.

Modification of contribution conditions for volunteer development workers

166

Article 4 of the Order (the contribution-based conditions) shall apply with the modifications that after “Class 1 contributions” in each place where they occur there shall be inserted “or Class 2 contributions under Case E of Part VIII of the Social Security (Contributions) Regulations (Northern Ireland) 1979[^f00127] (volunteer development workers)”.

Part XIII — Miscellaneous

Chapter I — Recovery of Maintenance

Recovery orders

167

(1) Where an award of income-based jobseeker’s allowance has been made to a person (“the claimant”) the Department may make a complaint under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981[^f00128] against the claimant’s spouse (“the liable person”) for a recovery order.

(2) On making a recovery order the court may order the liable person to pay such amount at such intervals as it considers appropriate, having regard to all the circumstances of the liable person and in particular his income.

(3) A recovery order shall be treated for enforcement purposes as if it were a maintenance order within the meaning of Article 98(11) of the Magistrates' Courts (Northern Ireland) Order 1981.

(4) Where a recovery order requires the liable person to make payments to the Department, the Department may, by giving notice in writing to the court which made the order, the liable person, and the claimant, transfer to the claimant the right to receive payments under the order and to exercise the relevant rights in relation to the order.

(5) In this regulation—

(a) the expressions “the court” and “recovery order” have the same meanings as in Article 25 of the Order, and

(b) “the relevant rights” means, in relation to a recovery order, the right to bring any proceedings, take any steps or do any other thing under or in relation to the order.

Chapter II — Training Allowance

Persons in receipt of a training allowance

168

(1) A person who is in receipt of a training allowance and who is not receiving training falling within paragraph (2) may be entitled to an income-based jobseeker’s allowance without—

(a) being available for employment;

(b) having entered into a jobseeker’s agreement, or

(2) Training falls within this paragraph if it is training for which persons 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).

Chapter III — Trade Disputes

Trade disputes: exemptions from Article 17 of the Order

169

Article 17 (2) of the Order (trade disputes: effect on other claimants) shall not apply to a claimant during any period where—

(a) a member of the claimant’s family is, or would be, prevented by Article 16 of the Order from being entitled to a jobseeker’s allowance, and

(b) that member is—

(i) a child or young person, or

(ii) incapable of work or within the maternity period, and for this purpose “the maternity period” means the period commencing at the beginning of the 6th week before the expected week of confinement and ending at the end of the 7th week after the week in which confinement takes place.

Trade disputes: prescribed sum

170

The prescribed sum for the purposes of Article 17(2)(d) of the Order is £26·00.

SCHEDULE 1 — Applicable Amounts

Part I — Personal Allowances

1

The weekly amounts specified in column (2) in respect of each person or couple specified in column (1) shall be the weekly amounts specified for the purposes of regulations 83 and 84(1) (applicable amounts and polygamous marriages).

Column (1)	Column (2)
Person or Couple	Amount
1 Single claimant aged—
a except where head (b) or (c) applies, less than 18;	1 a £28·85;
b less than 18 who falls within regulation 57(2) and who— i is a person to whom regulation 59, 60 or 61 applies and is registered in accordance with regulation 62, or ii is the subject of a direction under Article 18 of the Order;	b £37·90;
c less than 18 who satisfies the condition in paragraph 13(a) of Part III;	c £37·90;
d not less than 18 but less than 25;	d £37·90;
e not less than 25.	e £47·90.
2 Lone parent aged—
a except where head (b) or (c) applies, less than 18;	2 a £28·85;
b less than 18 who falls within regulation 57(2) and who— i is a person to whom regulation 59, 60 or 61 applies and is registered in accordance with regulation 62, or ii is the subject of a direction under Article 18 of the Order;	b £37·90;
c less than 18 who satisfies the condition in paragraph 13(a) of Part III;	c £37·90;
d not less than 18.	d £47·90.
3 Couple—
a where both members are aged less than 18 and— i at least one of them is treated as responsible for a child; ii had they not been members of a couple, each would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied; iii had they not been members of a couple, the claimant would have been a person to whom regulation 59, 60 or 61 (circumstances in which a person aged 16 or 17 is eligible for a jobseeker’s allowance) applied and his partner satisfies the requirements for entitlement to income support other than the requirement to make a claim for it; iv they are married and each member is a person to whom regulation 59, 60 or 61 applies and is registered in accordance with regulation 62; v there is a direction under Article 18 of the Order (jobseeker’s allowance in cases of severe hardship) in respect of each member; vi there is a direction under Article 18 of the Order in respect of one of them and the other is a person to whom regulation 59, 60 or 61 applies and is registered in accordance with regulation 62, or vii there is a direction under Article 18 of the Order in respect of one of them and the other satisfies requirements for entitlement to income support other than the requirement to make a claim for it;	3 a £57·20;
b where both members are aged less than 18 and sub-paragraph (3)(a) does not apply but one member of the couple falls within regulation 57(2) and either— i is a person to whom regulation 59, 60 or 61 applies and is registered in accordance with regulation 62, or ii is the subject of a direction under Article 18 of the Order;	b £37·90;
c where both members are aged less than 18 and neither head (a) nor (b) of sub-paragraph (3) applies but one member of the couple— i is a person to whom regulation 59, 60 or 61 applies and is registered in accordance with regulation 62, or ii is the subject of a direction under Article 18 of the Order;	c £28·85;
d where both members are aged less than 18 and head (a), (b) or (c) of sub-paragraph (3) does not apply but one member of the couple is a person who satisfies the requirements of paragraph 13(a);	d £37·90;
e where both members are aged not less than 18;	e £75·20;
f where one member is aged not less than 18 and the other member is a person under 18 who— i is a person to whom regulation 59, 60 or 61 applies and is registered in accordance with regulation 62, or ii is the subject of a direction under Article 18 of the Order, and iii satisfies requirements for entitlement to income support other than the requirement to make a claim for it;	f £75·20;
g where one member is aged not less than 18 but less than 25 and the other member is a person under 18— i to whom none of regulations 59 to 61 applies, or ii who is not the subject of a direction under Article 18 of the Order, and iii does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it;	g £37·90;
h where one member is aged not less than 25 and the other member is a person under 18— i to whom none of regulations 59 to 61 applies, or ii who is not the subject of a direction under Article 18 of the Order, and iii does not satisfy requirements for entitlement to income support disregarding the requirement to make a claim for it.	h £47·90.

2

The weekly amounts specified in column (2) in respect of each person specified in column (1) shall be the weekly amounts specified for the purposes of regulations 83(b) and 84(1)(c).

Column (1)	Column (2)
Child or Young Person	Amount
Person aged—
a less than 11;	a £16·45;
b not less than 11 but less than 16;	b £24·10;
c not less than 16 but less than 18;	c £28·85;
d not less than 18.	d £37·90.

3

(1) The weekly amount for the purposes of regulations 83(c) and 84(1)(d) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be £54·00.

(2) Subject to sub-paragraphs (3), (4) and (5), the conditions are—

(a) the person resides in a residential care home or a nursing home or is regarded, pursuant to sub-paragraph (5), as residing in such a home;

(b) the person both requires personal care and is provided with it in the home and for this purpose “personal care” means care which includes assistance with bodily functions where such assistance is required;

(d) he is aged 16 or over;

(e) both the person’s accommodation and such meals (if any) as are provided for him are provided on a commercial basis, and

(f) no part of the weekly charge for accommodation is met by housing benefit.

(3) For the purposes of sub-paragraph (2), but subject to sub-paragraph (4), a person resides in a residential care home where the home in which he resides—

(a) is registered under Part II of the Registered Homes Order, or

(b) is managed or provided by a body incorporated by Royal Charter or constituted by statutory provision (other than a Health and Social Services Board or an HSS trust) and provides both board and personal care for the claimant,

and a person resides in a nursing home where the home in which he resides is such a home within the meaning of regulation 1(2) (interpretation).

(4) A person shall not be regarded as residing in a nursing home for the purposes of sub-paragraph (2) where the home in which he resides is a hospice, and for this purpose “hospice” means a nursing home which is registered under Part III of the Registered Homes Order and whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages.

(5) For the purposes of sub-paragraph (2)(a), where a person’s principal place of residence is a residential care home or a nursing home, and he is temporarily absent from that home, he shall be regarded as continuing to reside at that home—

(a) where he is absent because he is a patient, for the first 6 weeks of any such period of absence, and for this purpose—

(i) “patient” has the meaning it has in Schedule 4 by virtue of regulation 85, and

(ii) periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods, and

(b) for the first 3 weeks of any other period of absence.

(6) Where—

(a) a person has been registered under the Registered Homes Order in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home, and

(b) an application for registration under that Order has been made by another person and that application has not been determined or abandoned,

then any question arising for determination under this paragraph shall be determined as if the most recent registration under that Order in respect of those premises continued until the day on which the application is determined or abandoned.

Part II — Family Premium

4

The weekly amount for the purposes of regulations 83(d) and 84(1)(e) in respect of a family of which at least one member is a child or young person shall be £10·55.

Part III — Premiums

5

Except as provided in paragraph 6, the weekly premiums specified in Part IV shall, for the purposes of regulations 83(e) and 84(1)(f), be applicable to a claimant who satisfies the condition specified in paragraphs 9 to 17 in respect of that premium.

6

Subject to paragraph 7, where a claimant satisfies the conditions in respect of more than one premium in this Part, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.

7

(1) The severe disability premium to which paragraph 15 applies may be applicable in addition to any other premium which may apply under this Schedule.

(2) The disabled child premium to which paragraph 16 applies may be applicable in addition to any other premium which may apply under this Schedule.

(3) The carer premium to which paragraph 17 applies may be applicable in addition to any other premium which may apply under this Schedule.

8

(1) Subject to sub-paragraph (2), for the purposes of this Part, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit—

(a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979[^f00129] applies, for any period during which, apart from the provisions of those regulations, he would be in receipt of that benefit, and

(b) for any period spent by a person on a scheme of a kind specified in sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945[^f00130] or section 1(1) of the Employment and Training Act (Northern Ireland) 1950[^f00131].

(2) For the purposes of the carer premium under paragraph 17, a person shall be treated as being in receipt of invalid care allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act.

Lone Parent Premium

9

The condition is that the claimant is a member of a family but has no partner.

Pensioner Premium for persons over 60

10

The condition is that the claimant—

(a) is a single claimant or lone parent who has attained the age of 60;

(b) has attained the age of 60 and has a partner, or

Pensioner Premium where claimant’s partner has attained the age of 75

11

The condition is that the claimant has a partner who has attained the age of 75 but not the age of 80.

Higher Pensioner Premium

12

(1) The condition is that—

(a) the claimant is a single claimant or lone parent who has attained the age of 60 and either—

(i) satisfies one of the additional conditions specified in paragraph 14(1)(a), (c), (e), (f) or (h), or

(ii) was entitled to either income support or an income-based jobseeker’s allowance and the disability premium was applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (2), remained continuously entitled to one of those benefits since attaining that age;

(b) the claimant has a partner and—

(i) the partner has attained the age of 80, or

(ii) the partner has attained the age of 60 but not the age of 80, and the additional conditions specified in paragraph 14 are satisfied in respect of him, or

(i) has attained the age of 60;

(ii) satisfies the requirements specified in sub-paragraph (1)(a)(i) and (ii), and

(iii) has a partner.

(2) For the purposes of this paragraph and paragraph 14—

(a) once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of 8 weeks or less, to be entitled to either income support or an income-based jobseeker’s allowance, he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto;

(b) in so far as sub-paragraph (1)(a)(ii) and (c)(ii) are concerned, if a claimant ceases to be entitled to either income support or an income-based jobseeker’s allowance for a period not exceeding 8 weeks which includes his 60th birthday, he shall, on becoming re-entitled to either of those benefits, thereafter be treated as having been continuously entitled thereto.

Disability Premium

13

The condition is that the claimant—

(a) is a single claimant or lone parent who has not attained the age of 60 and satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), (e), (f) or (h);

(b) has not attained the age of 60, has a partner and the claimant satisfies any one of the additional conditions specified in paragraph 14(1)(a), (c), (e), (f) or (h), or

(c) has a partner and the partner has not attained the age of 60 and also satisfies any one of the additional conditions specified in paragraph 14.

Additional Conditions for Higher Pensioner and Disability Premium

14

(1) The additional conditions specified in this paragraph are that—

(a) the claimant or, as the case may be, his partner, is in receipt of either disability working allowance or mobility supplement;

(b) the claimant’s partner is in receipt of severe disablement allowance;

(c) the claimant or, as the case may be, his partner, is in receipt of attendance allowance or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 43 of the Claims and Payments Regulations[^f00132] (payment of disability living allowance on behalf of third party);

(d) the claimant’s partner is in receipt of long-term incapacity benefit or is a person to whom section 30B(4) of the Benefits Act[^f00133] (long-term rate of incapacity benefit payable to those who are terminally ill) applies;

(e) the claimant or, as the case may be, his partner, has an invalid carriage or other vehicle provided to him by the Department under Article 30(1) of the 1972 Order or provided by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977[^f00134] or under section 46 of the National Health Service (Scotland) Act 1978[^f00135] or receives payments by way of grant from the Department under Article 30(3) of the 1972 Order;

(f) the claimant or, as the case may be, his partner, is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 41 of the Claims and Payments Regulations[^f00136] (cases where the mobility component of disability living allowance not payable);

(g) the claimant’s partner was either—

(i) in receipt of long-term incapacity benefit under section 30A(5) of the Benefits Act[^f00137] immediately before attaining pensionable age and he is still alive, or

(ii) entitled to attendance allowance or disability living allowance but payment of that benefit was suspended in accordance with regulations under section 113(2) of the Benefits Act or otherwise abated as a consequence of the partner becoming a patient within the meaning of regulation 85(4) (special cases),

and in either case the higher pensioner premium or disability premium had been applicable to the claimant or his partner;

(h) the claimant or, as the case may be, his partner, is registered as blind in a register maintained by or on behalf of a Health and Social Services Board under Article 16 of the 1972 Order.

(2) For the purposes of sub-paragraph (1)(h), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

Severe Disability Premium

15

(1) In the case of a single claimant, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3), the condition is that—

(a) he is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act;

(b) subject to sub-paragraph (4), there are no non-dependants aged 18 or over normally residing with him or with whom he is normally residing, and

(c) an invalid care allowance under section 70 of the Benefits Act is not in payment to anyone engaged in caring for him.

(2) Where the claimant has a partner, the condition is that—

(a) the claimant is in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act (the “qualifying benefit”);

(b) the partner is also in receipt of a qualifying benefit, or if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of a qualifying benefit;

(c) subject to sub-paragraph (4), there is no non-dependant aged 18 or over normally residing with him or with whom he is normally residing, and

(d) either—

(i) an invalid care allowance under section 70 of the Benefits Act is not in payment to anyone engaged in caring for either member of the couple or all the members of the polygamous marriage, or

(ii) a person is engaged in caring for one member (but not both members) of the couple, or one or more but not all members of the polygamous marriage, and in consequence is in receipt of an invalid care allowance under section 70 of the Benefits Act.

(3) Where the claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b), and that partner is blind or treated as blind within the meaning of paragraph 14(1)(h) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.

(4) The following persons shall not be regarded as a non-dependant for the purposes of sub-paragraphs (1)(b) and (2)(c)—

(a) a person in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act;

(b) subject to sub-paragraph (6), a person who joins the claimant’s household for the first time in order to care for the claimant or his partner and immediately before so joining the claimant or his partner satisfied the condition in sub-paragraph (1) or, as the case may be, (2), or

(5) For the purposes of sub-paragraph (2), a person shall be treated as being in receipt of—

(a) attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

(b) invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so in receipt.

(6) Sub-paragraph (4)(b) shall apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant’s household.

(7) For the purposes of sub-paragraphs (1)(c) and (2)(d), no account shall be taken of an award of invalid care allowance to the extent that payment of such an award is backdated for a period before the date on which the award is made.

(8) A person shall be treated as satisfying this condition if he would have satisfied the condition specified for a severe disability premium in income support in paragraph 13 of Schedule 2 to the Income Support Regulations by virtue only of regulations 4 to 6 of the Income Support (General) (Amendment No. 5) Regulations (Northern Ireland) 1991[^f00138] (savings provisions in relation to severe disability premium) and for the purposes of determining whether in the particular case regulation 4 of those regulations had ceased to apply in accordance with regulation 5(2)(a) of those regulations, a person who is entitled to an income-based jobseeker’s allowance shall be treated as entitled to income support.

Disabled Child Premium

16

The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household—

(a) has no capital or capital which, if calculated in accordance with Part VIII (income and capital) in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would not exceed £3,000, and

(b) is in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family, or

Carer Premium

17

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The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

Calculation of grant income

131

Calculation of covenant income where a contribution is assessed

132

Covenant income where no grant income or no contribution is assessed

133

Relationship with amounts to be disregarded under Schedule 6

134

Other amounts to be disregarded

135

Treatment of student loans

136

Disregard of contribution

137

Income treated as capital

138

Disregard of changes occurring during summer vacation

139

Part IX — Hardship

Meaning of “person in hardship”

140

Circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship

141

Further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship

142

Conditions for hardship payments

143

Provision of information

144

Applicable amount in hardship cases

145

Payments made on account of suspended benefit

146

Part X — Urgent Cases

Urgent cases

147

Applicable amount in urgent cases

148

Assessment of income and capital in urgent cases

149

Part XI — Part-weeks

Amount of a jobseeker’s allowance payable

150

Amount of a jobseeker’s allowance payable where a person is in a residential care or nursing home

151

Relevant week

152

Modification in the calculation of income

153

Reduction in certain cases

154

Modification of Article 17(2) of the Order

155

Part XII — Special Categories

Chapter I — Share Fishermen

Interpretation

156

Special provisions in respect of share fishermen

157

Modification of Article 2(2) of the Order

158

Modifications of Article 4 of the Order

159

Article 4 of the Order (the contribution-based conditions) shall apply to share fishermen with the modifications set out in paragraphs (a) and (b)—

Modifications of Articles 21 and 22 of the Order

160

Additional conditions for payment of a jobseeker’s allowance

161

Remunerative work

162

Calculation of earnings

163

Amount payable

164

Chapter II — Persons outside Northern Ireland

Amendment of the Social Security (Mariners' Benefits) Regulations

165

Modification of contribution conditions for volunteer development workers

166