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Paragraph 13 Linking ruleI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to sub-paragraph (2) for the purposes of this Schedule—

(a)

a person shall be treated as being in receipt of a jobseeker’s allowance during the following periods—

(i)

any period in respect of which it was subsequently held, on appeal or review, that he was so entitled to a jobseeker’s allowance, and

(ii)

any period of 12 weeks or less in respect of which he was not in receipt of a jobseeker’s allowance and which fell immediately between periods in respect of which he was or was treated as being in receipt thereof or to which head (a)(i) applies;

(b)

a person shall be treated as not being in receipt of a jobseeker’s allowance during any period other than a period to which head (a)(ii) applies in respect of which it is subsequently held on appeal or review that he was not so entitled;

(c)

where—

(i)

the claimant was a member of a couple or a polygamous marriage;

(ii)

his partner was, in respect of a past period, in receipt of a jobseeker’s allowance for himself and the claimant;

(iii)

the claimant is no longer a member of that couple or polygamous marriage, and

(iv)

the claimant made his claim for a jobseeker’s allowance within 12 weeks of ceasing to be a member of that couple or polygamous marriage,

he shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his former partner had been or had been treated, for the purposes of this Schedule, as having been;

(d)

where the claimant’s partner’s applicable amount was determined in accordance with paragraph 1(1) (single claimant) or (2) (lone parent) of Schedule 1 (applicable amounts) in respect of a past period, provided that the claim was made within 12 weeks of the claimant and his partner becoming one of a couple or polygamous marriage, the claimant shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

(e)

where the claimant is a member of a couple or a polygamous marriage and his partner was, in respect of a past period, in receipt of a jobseeker’s allowance for himself and the claimant, and the claimant has begun to receive a jobseeker’s allowance as a result of an election by the members of the couple or polygamous marriage, he shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

(f)

where—

(i)

the claimant was a member of a family of a person (not being a former partner) entitled to a jobseeker’s allowance and at least one other member of that family was a child or young person;

(ii)

the claimant becomes a member of another family which includes that child or young person, and

(iii)

the claimant made his claim for a jobseeker’s allowance within 12 weeks of the date on which the person entitled to a jobseeker’s allowance mentioned in head (f)(i) ceased to be so entitled,

the claimant shall be treated as being in receipt of a jobseeker’s allowance for the same period as that person had been or had been treated, for the purposes of this Schedule, as having been.

(2)

Where a claimant, with the care of a child, has ceased to be in receipt of a jobseeker’s allowance in consequence of the payment of child support maintenance under the Child Support Order and immediately before ceasing to be so in receipt an amount determined in accordance with paragraph 6(1)(a)(i) or 7(1)(a)(i) was applicable to him, then—

(a)

if the child support maintenance assessment concerned is terminated or replaced on review by a lower assessment in consequence of the coming into operation on or after 18th April 1995 of regulations made under the Child Support Order, or

(b)

where the child support maintenance assessment concerned is an interim maintenance assessment and, in circumstances other than those referred to in head (a), it is terminated or replaced after termination by another interim maintenance assessment or by a maintenance assessment made in accordance with Part I of Schedule 1 to the Child Support Order, in either case of a lower amount than the assessment concerned,

sub-paragraph (1)(a)(ii) shall apply to him as if for “any period of 12 weeks or less” there were substituted “any period of 26 weeks or less”.

(3)

For the purposes of this Schedule, where a claimant has ceased to be entitled to a jobseeker’s allowance because he or his partner is participating in an employment rehabilitation programme established under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945f1 he shall be treated as if he had been in receipt of a jobseeker’s allowance for the period during which he or his partner was participating in such arrangements or attending such a course.

(4)

Where, for the purposes of sub-paragraphs (1) and (3), a person is treated as being in receipt of a jobseeker’s allowance, for a certain period, he shall be treated as being entitled to a jobseeker’s allowance for the same period.

(5)

For the purposes of this Schedule, sub-paragraph (6) applies where a person is not entitled to an income-based jobseeker’s allowance by reason only that he has—

(a)

capital exceeding £8,000;

(b)

income exceeding the applicable amount which applies in his case, or

(c)

both capital exceeding £8,000 and income exceeding the applicable amount which applies in his case.

(6)

A person to whom sub-paragraph (5) applies shall be treated as entitled to a jobseeker’s allowance throughout any period of not more than 39 weeks which comprises only days—

(a)

on which he is entitled to a contribution-based jobseeker’s allowance, statutory sick pay or incapacity benefit, or

(b)

on which he is, although not entitled to any of the benefits mentioned in head (a), entitled to be credited with earnings equal to the lower earnings limit for the time being in operation in accordance with regulation 9 of the Social Security (Credits) Regulations (Northern Ireland) 1975f2 (credits for unemployment or incapacity for work).

(7)

Subject to sub-paragraph (8), a person to whom sub-paragraph (5) applies and who is either a person to whom regulation 13(4) (persons with caring responsibilities) applies or a lone parent shall, for the purposes of this Schedule, be treated as entitled to a jobseeker’s allowance throughout any period of not more than 39 weeks following the refusal of a claim for a jobseeker’s allowance made by or on behalf of that person.

(8)

Sub-paragraph (7) shall not apply in relation to a person mentioned in that sub-paragraph who, during the period referred to in that sub-paragraph—

(a)

is engaged in, or is treated as engaged in, remunerative work or whose partner is engaged in, or is treated as engaged in, remunerative work;

(b)

is treated as not available for employment by virtue of regulation 15(a) (circumstances in which students are not treated as available for employment);

(c)

is temporarily absent from Northern Ireland, other than in the circumstances specified in regulation 50 (temporary absence from Northern Ireland).

(9)

In a case where—

(a)

sub-paragraphs (6) and (7) apply solely by virtue of sub-paragraph (5)(b), and

(b)

the claimant’s income includes payments under a policy taken out to insure against the risk that the policy holder is unable to meet any loan or payment which qualifies under paragraphs 14 to 16,

sub-paragraphs (6) and (7) shall have effect as if for “throughout any period of not more than 39 weeks” there shall be substituted “throughout any period that payments are made in accordance with the terms of the policy”.

(10)

This sub-paragraph applies—

(a)

to a person who claims a jobseeker’s allowance, or in respect of whom a jobseeker’s allowance is claimed, and who—

(i)

received payments under a policy of insurance taken out to insure against loss of employment, and those payments are exhausted, and

(ii)

had a previous award of a jobseeker’s allowance where the applicable amount included an amount by way of housing costs, and

(b)

where the period in respect of which the previous award of a jobseeker’s allowance was payable ended not more than 26 weeks before the date the claim was made.

(11)

Where sub-paragraph (10) applies, in determining—

(a)

for the purposes of paragraph 6(1) whether a person has been entitled to a jobseeker’s allowance for a continuous period of 26 weeks or more, or

(b)

for the purposes of paragraph 7(1) whether a claimant has been entitled to a jobseeker’s allowance for a continuous period of 39 weeks or more,

any week falling between the date of the termination of the previous award and the date of the new claim shall be ignored.

Annotations

Commencement

I1

Sch. 2 para. 13 in operation at 7.10.1996, see reg. 1(1)

Footnotes

f1

1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

f2

S.R. 1975 No. 113; regulation 9 was amended by S.R. 1976 No. 321, S.R. 1977 No. 132, S.R. 1978 No. 77, S.R. 1982 No. 42, S.R. 1987 Nos. 153 and 220, S.R. 1988 Nos. 105 and 326, S.R. 1989 No. 368, S.R. 1992 No. 135, S.R. 1994 Nos. 65 and 265 and S.R. 1995 No. 150