OpenLegislation

Regulation 11 Condition relating to youth – residence or presenceI1

Northern Ireland

(1)

The prescribed conditions for the purposes of paragraph 4(1)(c) of Schedule 1 to the Act as to residence or presence in Northern Ireland are that the claimant—

(a)

is ordinarily resident in Northern Ireland;

(b)

is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act or is a person to whom paragraph (3) applies;

(c)

is present in Northern Ireland; and

(d)

has been present in Northern Ireland for a period of, or for periods amounting in aggregate to, not less than 26 weeks in the 52 weeks immediately preceding the relevant benefit week.

(2)

For the purposes of paragraph (1), a claimant is to be treated as being resident and present in Northern Ireland where the claimant is absent from Northern Ireland by reason only of being—

(a)

the spouse, civil partner, son, daughter, father, father-in-law, mother or mother-in-law of, and living with, a member of Her Majesty’s forces who is abroad in that capacity;

(b)

in employment prescribed for the purposes of paragraph 7(1)(c) of Schedule 2 to the Welfare Reform Act 2007f1 in connection with continental shelf operations; or

(c)

abroad in the capacity of being an aircraft worker or mariner.

(3)

This paragraph applies where a person is—

(a)

a member of a family of a national of a F1European Union state;

(b)

a person who is lawfully working in Northern Ireland and is a national of a State with which the European Union has concluded an agreement under Article 217 of the Treaty on the Functioning of the European Union providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families;

(c)

a person who is a member of a family of, and living with, a person specified in sub-paragraph (b); or

(d)

a person who has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon an undertaking by another person pursuant to the immigration rules within the meaning of the Immigration Act 1971f2 to be responsible for that person’s maintenance and accommodation.

(4)

A person is to be treated as having satisfied the residence or presence conditions in paragraph (1) throughout a period of limited capability for work where those conditions are satisfied on the first day of that period of limited capability for work.

Annotations

Textual amendments

F1

Words in Rule substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

Commencement

I1

Reg. 11 in operation at 27.10.2008, see reg. 1(1)

Footnotes

f1

2007 c. 5

f2

1971 c. 77