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Article 22 Exemptions from Article 21 and 21AF9

Northern Ireland

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

(1)

F1Nothing in Article 21, or in regulations under that Article, shall be taken to F2authorise reduction of a jobseeker's allowance merely because the claimant refuses to seek or accept employment in a situation which is vacant in consequence of a stoppage of work due to a trade dispute.

(2)

Article F321A does not apply, in the circumstances mentioned in paragraph F4(2)(c) to (g) of that Article, if—

(a)

a direction is in force under Article 18 with respect to the claimant; and

(b)

he has acted in such a way as to risk—

(i)

having that direction revoked under paragraph (3)(b) of Article 18; or

(ii)

having the amount of his jobseeker's allowance reduced by virtue of Article 19, becauseF5 he has failed to complete a course of training.

(3)

Regulations shall make provision for the purpose of enabling any person of a prescribed description to accept any employed earner's employment without falling within Article F621(2)(b) or (d) should he leave that employment voluntarily and without good reason at any time during a trial period.

(4)

In such circumstances as may be prescribed, an income-based jobseeker's allowance shall beF7 payable in respect of a claimant even though Article 21 prevents payment of a jobseeker's allowance to him.

(5)

A jobseeker's allowance shall be payable by virtue of paragraph (4) only if the claimant has complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph.

(6)

Regulations under paragraph (4) may, in particular, provide for a jobseeker's allowance payable by virtue of that paragraph to be—

(a)

payable at a prescribed rate;

(b)

payable for a prescribed period (which may differ from the period fixed under Article 21(2) or (3)).

(7)

F8In paragraph (3), “trial period” has such meaning as may be prescribed.

(8)

Regulations may make provision for determining, for the purposes of this Article, the day on which a person's employment is to be regarded as commencing.

Annotations

Textual amendments

F1

Art. 22(1)-(3) repealed (27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 4; S.R. 2017/190, art. 9 (with arts. 10-25)

F2

Words in art. 22(1) substituted (27.9.2017) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 7 para. 6(b); S.R. 2017/190, art. 3(1)(2)(h)

F3

Word in art. 22(2) substituted (27.9.2017) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 7 para. 6(c); S.R. 2017/190, art. 3(1)(2)(h)

F4

Words in art. 22(2) substituted (27.9.2017) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 7 para. 6(c); S.R. 2017/190, art. 3(1)(2)(h)

F5

prosp. in pt. subst. by 1998 NI 10

F6

Words in art. 22(3) substituted (27.9.2017) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 7 para. 6(d); S.R. 2017/190, art. 3(1)(2)(h)

F7

1999 NI 11

F8

Art. 22(7)(8) repealed (27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 4; S.R. 2017/190, art. 9 (with arts. 10-25)

F9

Words in art. 22 heading inserted (27.9.2017) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 7 para. 6(a); S.R. 2017/190, art. 3(1)(2)(h)

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481

F2

mod. by SR 1999/350