{
  "url": "https://openlegislation.uk/jobseekers-allowance-regulations-northern-ireland-1996/schedule-5/paragraph-5",
  "json_url": "https://openlegislation.uk/jobseekers-allowance-regulations-northern-ireland-1996/schedule-5/paragraph-5.json",
  "legislation": "nisr/1996/198",
  "legislation_title": "The Jobseeker’s Allowance Regulations (Northern Ireland) 1996",
  "legislation_url": "https://openlegislation.uk/jobseekers-allowance-regulations-northern-ireland-1996",
  "path": "schedule/5/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": null,
  "text": "(1) In a case to which this paragraph applies, £15; but notwithstanding regulation 88 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £15.\n(2) This paragraph applies where the claimant’s applicable amount includes, or but for his being an in-patient or in accommodation in a residential care home, nursing home or in residential accommodation would include, an amount by way of a disability premium under Schedule 1 (applicable amounts).\n(3) This paragraph applies where—\n(a) the claimant is a member of a couple, and—\n(i) his applicable amount would include an amount by way of the disability premium under Schedule 1 but for the higher pensioner premium under that Schedule being applicable, or\n(ii) had he not been an in-patient or in accommodation in a residential care home, nursing home or in residential accommodation his applicable amount would include the higher pensioner premium under that Schedule and had that been the case he would also satisfy the condition in head (a)(i), and\n(b) he or his partner is under the age of 60 and at least one is engaged in part-time employment.\n(4) This paragraph applies where—\n(a) the claimant’s applicable amount includes, or but for his being an in-patient or in accommodation in a residential care home, nursing home or in residential accommodation would include, an amount by way of the higher pensioner premium under Schedule 1;\n(b) the claimant or, if he is a member of a couple, either he or his partner has attained the age of 60;\n(c) immediately before attaining that age he or, as the case may be, he or his partner was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (2) or (3) to a disregard of £15, and\n(d) he or, as the case may be, he or his partner has continued in part-time employment.\n(5) This paragraph applies where—\n(a) the claimant is a member of a couple and—\n(i) his applicable amount would include an amount by way of the disability premium under Schedule 1 but for the pensioner premium where the claimant’s partner has attained the age of 75 being applicable under that Schedule, or\n(ii) had he not been an in-patient or in accommodation in a residential care home, nursing home or in residential accommodation his applicable amount would include the pensioner premium where the claimant’s partner has attained the age of 75 under that Schedule; and had that been the case he would also satisfy the condition in head (a)(i), and\n(b) the claimant is under the age of 60 and his partner has attained the age of 75 but is under the age of 80 and at least one member of the couple is engaged in part-time employment.\n(6) This paragraph applies where—\n(a) the claimant is a member of a couple and has attained the age of 60 and his partner has attained the age of 75 but is under the age of 80;\n(b) immediately before the claimant attained the age of 60 either member of the couple was engaged in part-time employment and the claimant was entitled by virtue of sub-paragraph (5) to a disregard of £15, and\n(c) either he or his partner has continued in part-time employment.\n(7) For the purposes of this paragraph—\n(a) except where head (b) or (c) applies, no account shall be taken of any period not exceeding 8 consecutive weeks occurring—\n(i) on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which either was or both were not engaged in part-time employment or the claimant was not entitled to a jobseeker’s allowance or income support, or\n(ii) immediately after the date on which the claimant or his partner ceased to participate in arrangements for training provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or arranged under section 1(1) of the Employment and Training Act (Northern Ireland) 1950;\n(b) in a case where the claimant has ceased to be entitled to a jobseeker’s allowance or income support because he, or if he is a member of a couple, he or his partner becomes engaged in remunerative work, no account shall be taken of any period, during which he was not entitled to a jobseeker’s allowance or income support, not exceeding the permitted period, occurring on or after the date on which the claimant or, as the case may be, his partner attained the age of 60;\n(c) no account shall be taken of any period occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which the claimant was not entitled to a jobseeker’s allowance or income support because he or his partner was participating in arrangements for training provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or arranged under section 1(1) of the Employment and Training Act (Northern Ireland) 1950.",
  "extent": "N.I.",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 5 para. 5 in operation at 7.10.1996, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "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))"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))"
    }
  ],
  "outstanding_effects": [
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      "affecting_title": "The Jobseeker’s Allowance Regulations (Northern Ireland) 1996"
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      "affecting_title": "The Jobseeker’s Allowance Regulations (Northern Ireland) 1996"
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      "affecting_title": "The Jobseeker’s Allowance Regulations (Northern Ireland) 1996"
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      "affecting_title": "The Jobseeker’s Allowance Regulations (Northern Ireland) 1996"
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      "affecting_title": "The Jobseeker’s Allowance Regulations (Northern Ireland) 1996"
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      "affecting_title": "The Jobseeker’s Allowance Regulations (Northern Ireland) 1996"
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      "affecting_title": "The Jobseeker’s Allowance Regulations (Northern Ireland) 1996"
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      "affecting_title": "The Jobseeker’s Allowance Regulations (Northern Ireland) 1996"
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      "affecting_title": "The Jobseeker’s Allowance Regulations (Northern Ireland) 1996"
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      "affecting_title": "The Jobseeker’s Allowance Regulations (Northern Ireland) 1996"
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      "affecting_title": "The Jobseeker’s Allowance Regulations (Northern Ireland) 1996"
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      "affecting": "nisr/1996/198",
      "affecting_title": "The Jobseeker’s Allowance Regulations (Northern Ireland) 1996"
    },
    {
      "type": "sum specified",
      "affecting": "nisr/2017/187",
      "affecting_title": "The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2017"
    },
    {
      "type": "substituted",
      "affecting": "nisr/1996/503",
      "affecting_title": "The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996"
    },
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      "type": "words substituted",
      "affecting": "nisr/2009/338",
      "affecting_title": "The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009"
    },
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      "type": "substituted",
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      "affecting_title": "The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009"
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      "affecting_title": "The Social Security (Equalisation of State Pension Age) Regulations (Northern Ireland) 2010"
    },
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      "type": "words substituted",
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      "affecting_title": "The Social Security (Equalisation of State Pension Age) Regulations (Northern Ireland) 2010"
    },
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      "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2000"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/1996/288",
      "affecting_title": "The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1996"
    },
    {
      "type": "substituted",
      "affecting": "nisr/1997/354",
      "affecting_title": "The Social Security (Lone Parents) (Amendment) Regulations (Northern Ireland) 1997 (revoked)"
    },
    {
      "type": "substituted",
      "affecting": "nisr/1998/112",
      "affecting_title": "The Social Security (Amendment) (Lone Parents) Regulations (Northern Ireland) 1998"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2002/323",
      "affecting_title": "The Social Security (Carer’s Allowance) (Amendment) Regulations (Northern Ireland) 2002"
    },
    {
      "type": "words omitted",
      "affecting": "nisr/2002/132",
      "affecting_title": "The Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002"
    },
    {
      "type": "words omitted",
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      "affecting_title": "The Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002"
    },
    {
      "type": "words omitted",
      "affecting": "nisr/2002/132",
      "affecting_title": "The Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002"
    },
    {
      "type": "words omitted",
      "affecting": "nisr/2002/132",
      "affecting_title": "The Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002"
    },
    {
      "type": "words omitted",
      "affecting": "nisr/2003/195",
      "affecting_title": "The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003"
    },
    {
      "type": "omitted",
      "affecting": "nisr/2003/195",
      "affecting_title": "The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003"
    },
    {
      "type": "words omitted",
      "affecting": "nisr/2005/458",
      "affecting_title": "The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005"
    },
    {
      "type": "words omitted",
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      "affecting_title": "The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005"
    },
    {
      "type": "words omitted",
      "affecting": "nisr/2005/458",
      "affecting_title": "The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005"
    },
    {
      "type": "Sch. 5 para. 1(1) (1A) 2(1) substituted for Sch. 5 para. 1 2",
      "affecting": "nisr/2007/396",
      "affecting_title": "The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2007/396",
      "affecting_title": "The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2008/286",
      "affecting_title": "The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2010/103",
      "affecting_title": "The Social Security (Equalisation of State Pension Age) Regulations (Northern Ireland) 2010"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2010/103",
      "affecting_title": "The Social Security (Equalisation of State Pension Age) Regulations (Northern Ireland) 2010"
    },
    {
      "type": "substituted",
      "affecting": "nisr/2012/284",
      "affecting_title": "The Jobseeker’s Allowance (Members of the Reserve Forces) Regulations (Northern Ireland) 2012"
    },
    {
      "type": "inserted",
      "affecting": "nisr/2015/411",
      "affecting_title": "The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2015"
    },
    {
      "type": "words omitted",
      "affecting": "nisr/2015/184",
      "affecting_title": "The Social Security (Members of the Reserve Forces) (Amendment) Regulations (Northern Ireland) 2015"
    },
    {
      "type": "words omitted",
      "affecting": "nisr/2015/184",
      "affecting_title": "The Social Security (Members of the Reserve Forces) (Amendment) Regulations (Northern Ireland) 2015"
    },
    {
      "type": "words added",
      "affecting": "nisr/2015/184",
      "affecting_title": "The Social Security (Members of the Reserve Forces) (Amendment) Regulations (Northern Ireland) 2015"
    },
    {
      "type": "sum specified",
      "affecting": "nisr/2017/56",
      "affecting_title": "The Social Security Benefits Up-rating Order (Northern Ireland) 2017"
    },
    {
      "type": "sum specified",
      "affecting": "nisr/2018/56",
      "affecting_title": "The Social Security (2017 Benefits Up-rating) Order (Northern Ireland) 2018"
    },
    {
      "type": "sum confirmed",
      "affecting": "nisr/2018/58",
      "affecting_title": "The Social Security Benefits Up-rating Order (Northern Ireland) 2018"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2023/1218",
      "affecting_title": "The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1996/198/schedule/5/paragraph/5",
    "retrieved_at": "2026-10-29T02:36:06.555307+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}