The Jobseeker's Allowance Regulations (Northern Ireland) 2016
S.R. 2016/218 · Made 3 May 2016 · Extends to Northern Ireland
Social Security
Made 3rd May 2016
Laid before Parliament 10th May 2016
Coming into operation in accordance with regulation 1(1)
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 167D and 171(3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M1, sections 5(1)(j) and (k) and (1A) and 165(4), (5) and (6) of the Social Security Administration (Northern Ireland) Act 1992 M2, Articles 2(2) and (4), 4(1)(c), (2A) and (3B)(a), 6(1)(b), (2), and (4), 7(3), 8A(5), 8B(2), 8D(4), 8E(3) and (5), 8F(1), 8H(1)(a), (7) and (8), 8I, 8J(5) and (7), 8K(4), (5) and (9), 14(1) to (4)(a) and (b), and 36(1) and (2) of, and Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995 M3 and paragraphs 2(3) and 3 of Schedule 5 to, the Welfare Reform (Northern Ireland) Order 2015 M4.
Those powers are exercisable by the Secretary of State by virtue of Article 4(1)(b) of the Welfare Reform (Northern Ireland) Order 2015 M5.
Annotations to the whole text
Marginal citations
- M1
1992 c. 7; section 167D was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and section 171(5) was amended by paragraph 36 of Schedule 1 and Schedule 2 to Social Security (Incapacity for Work) (Northern Ireland) Order 1994. For the definition of “prescribed”, see section 167G
- M2
1992 c. 8; section 5(1)(k) was amended by Article 103(5) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)), section 5(1A) was inserted by Article 104(3) of the Welfare Reform (Northern Ireland) Order 2015 and section 165(6) was amended by paragraph 86 of Schedule 6 and Schedule 7 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))
- M3
S.I. 1995/2705 (N.I. 15); Article 4(1) was amended by paragraph 4 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11), Article 4(2A) and (3B) was inserted by section 11(3) and (5) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)), Article 6(1) was amended by paragraph 2(3) of the Schedule to the Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (SR 2006 No 37) and Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015, Article 7(3) was amended by Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015, Articles 8A to 8K were inserted by Article 55(4) of the 2015 Order and Article 36(2) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671), for the definitions of “prescribed” and “Regulations” see Article 2(2)
- M4
- M5
Functions under or for the purposes of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, the Social Security Administration (Northern Ireland) Act 1992 and the Jobseeker's Allowance (Northern Ireland) Order 1995 vested in the Department for Social Development by virtue of Article 8(b) of S.R. 1999 No. 481
Contents
- Part 1: GENERAL
- 1Citation, commencement and application
- 2General interpretation
- 3Further interpretation
- Part 2: CLAIMANT RESPONSIBILITIES
- 4Interpretation
- 5Application of regulations where there is dual entitlement
- 6Sanction ceases to apply to jobseeker's allowance
- 7Claimant commitment — date and method of acceptance
- 8Claimant commitment — exceptions
- 9Expected hours
- 10Purposes of a work-focused interview
- 11Work search requirement: interviews
- 12Work search requirement: all reasonable action
- 13Work availability requirement: able and willing immediately to take up paid work
- 14Work search requirement and work availability requirement: limitations
- 15Victims of domestic violence
- 16Circumstances in which requirements must not be imposed
- 17Further circumstances in which requirements must not be imposed
- Part 3: SANCTIONS
- 18Interpretation
- 19General principles for calculating reduction periods
- 20Higher-level sanctions
- 21Medium-level sanctions
- 22Low-level sanction
- 23Start of the reduction
- 24Reduction period to continue where award of jobseeker's allowance terminates
- 25Suspension of a reduction where a fraud sanction applies
- 26Termination of a reduction
- 27Amount of reduction for each benefit week
- 28Daily reduction rate
- 29Failures for which no reduction is applied
- 30Sanctions where universal credit ends and the person is entitled to a jobseeker's allowance
- Part 4: INFORMATION AND EVIDENCE
- 31Provision of information and evidence
- 32Information given electronically
- Part 5: CONDITIONS OF ENTITLEMENT
- 33The conditions and relevant earnings
- 34Relaxation of the first set of conditions
- 35Waiting days
- 36Jobseeking period
- 37Jobseeking periods: periods of interruption of employment
- 38Linking periods
- 39Persons approaching retirement and the jobseeking period
- 40Persons temporarily absent from Northern Ireland
- 41Remunerative work
- 42Persons treated as engaged in remunerative work
- 43Persons treated as not engaged in remunerative work
- 44Relevant education
- 45Short periods of sickness
- 46Extended periods of sickness
- 47Periods of sickness and persons receiving treatment outside Northern Ireland
- 48Prescribed amount of earnings
- Part 6: AMOUNTS OF JOBSEEKER'S ALLOWANCE
- 49Weekly amounts of jobseeker's allowance
- 50Deductions in respect of earnings
- 51Payment by way of pensions
- 52Minimum amount of a jobseeker's allowance
- Part 7: EARNINGS
- 53Rounding of fractions
- 54Calculation of earnings derived from employed earner's employment
- 55Calculation of earnings of self-employed earners
- 56Date on which earnings are treated as paid
- 57Calculation of weekly amount of earnings
- 58Earnings of employed earners
- 59Calculation of net earnings of employed earners
- 60Earnings of self-employed earners
- 61Calculation of net profit of self-employed earners
- 62Deduction of tax and contributions for self-employed earners
- 63Notional earnings
- Part 8: PART WEEKS
- 64Amount of a jobseeker's allowance payable
- 65Relevant week
- 66Modification in the calculation of income
- Part 9: SHARE FISHERMEN
- 67Interpretation
- 68Special provisions in respect of share fishermen
- 69Modifications of Article 4 of the Order
- 70Modification of Article 2(2) of the Order
- 71Additional conditions for payment of a jobseeker's allowance
- 72Remunerative work
- 73Calculation of earnings
- 74Amount payable
- Part 10: MODIFICATION OF THE ORDER
- 75Modification of contribution conditions for volunteer development workers
- Signature
- Schedule: Sums to be disregarded in the calculation of earnings
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Explanatory note