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Regulation 45 Exempt workI1

Northern Ireland

(1)

The categories of work referred to in regulation 40(2)(f) are set out in the following paragraphs.

(2)

Work for which the earnings in any week do not exceed £20∙00.

(3)

Work for which the earnings in any week do not exceed F1subject to paragraph (9A), 16 times the national minimum wage and which—

(a)

is part of the claimant’s treatment programme and is done under medical supervision while the claimant is an in-patient, or is regularly attending as an out-patient, of a hospital or similar institution; or

(b)

is supervised by a person employed by a public authority or F2by a voluntary organisation or community interest company engaged in the provision or procurement of work for persons who have disabilities.

(4)

Work which is done for less than 16 hours a week, for which earnings in any week do not exceed F3subject to paragraph (9A), 16 times the national minimum wage F4...

()

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

()

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(4A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Work done in the course of receiving assistance in pursuing self-employed earner’s employment whilst participating in a programme provided or other arrangements made under section 1 of the Employment and Training Actf1.

(6)

Work done where the claimant receives no payment of earnings and where the claimant—

(a)

is engaged by a charity or voluntary organisation; or

(b)

is a volunteer,

where the Department is satisfied in any of those cases that it is reasonable for the claimant to provide the service free of charge.

(7)

Work done in the course of participating in a work placement approved in writing by the Department for Employment and Learning (or a person providing services to that Department) before the placement starts.

(8)

The number of hours for which a claimant is engaged in work is to be determined—

(a)

where no recognisable cycle has been established in respect of a claimant’s work, by reference to the number of hours or, where those hours are likely to fluctuate, the average of the hours, which the claimant is expected to work in a week;

(b)

where the number of hours for which the claimant is engaged fluctuate, by reference to the average of hours worked over—

(i)

if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the claimant does no work, those periods but disregarding any other absences),

(ii)

in any other case, the period of 5 weeks immediately before the date of claim or the date on which a superseding decision is made under Article 11 of the 1998 Orderf2 (decisions superseding earlier decisions), or such other length of time as may, in the particular case, enable the claimant’s average hours of work to be determined more accurately.

(9)

For the purposes of determining the number of hours for which a claimant is engaged in work, that number is to include any time allowed to that claimant by the claimant’s employer for a meal or for refreshment, but only where that claimant is, or expects to be, paid earnings in respect of that time.

F6(9A)

Where the amount determined by the calculation in paragraphs (3) and (4) would, but for this paragraph, include an amount of—

(a)

less than 50p, that amount shall be rounded up to the nearest 50p; or

(b)

less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.

(10)

In this regulation—

  • F7...

    1. (a)

    2. (b)

      f3

  • ...

  • “volunteer” has the meaning given by regulation 43;

  • “work placement” means practical work experience with an employer, which is neither paid nor undertaken in expectation of payment.

F8(11)

For the purposes of this regulation, a period of specified work begins on the first day on which any specified work is undertaken and continues for a period of 52 weeks, whether or not any further specified work is undertaken during that period.

Annotations

Textual amendments

F1

Words in reg. 45(4) substituted (11.4.2011) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 (S.R. 2011/135), regs. 1(1), 14(4)(a)

F2

Words in reg. 45(3)(b) substituted (28.6.2010) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2010 (S.R. 2010/200), regs. 1, 9(10)(a)

F3

Words in reg. 45(3) substituted (11.4.2011) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 (S.R. 2011/135), regs. 1(1), 14(4)(a)

F4

Words in reg. 45(4) omitted (3.4.2017) by virtue of The Employment and Support Allowance (Exempt Work & Hardship Amounts) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/50), regs. 1(2), 3(a)

F5

Reg. 45(4A) omitted (3.4.2017) by virtue of The Employment and Support Allowance (Exempt Work & Hardship Amounts) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/50), regs. 1(2), 3(b)

F6

Reg. 45(9A) inserted (11.4.2011) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 (S.R. 2011/135), regs. 1(1), 14(4)(b)

F7

Words in reg. 45(10) omitted (3.4.2017) by virtue of The Employment and Support Allowance (Exempt Work & Hardship Amounts) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/50), regs. 1(2), 3(c)

F8

Reg. 45(11) added (28.6.2010) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2010 (S.R. 2010/200), regs. 1, 9(10)(c)

Commencement

I1

Reg. 45 in operation at 27.10.2008, see reg. 1(1)

Footnotes

f1

Section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

f2

Article 11 was amended by paragraph 17 of Schedule 6 and Schedule 9 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

f3

Section 22(5) was amended by paragraph 5 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995