The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996

in paragraph (1)—

in paragraph (5) the words “unemployment benefit or” in each place where they occur shall be omitted.

The Social Security (Mariners' Benefits) Regulations (Northern Ireland) 1975^f1 shall be amended in accordance with paragraphs (2) to (5).

In regulation 4(b)^f2 (removal of disqualification for receiving benefit by reason of absence from Northern Ireland) “unemployment benefit” shall be omitted.

In regulation 5^f3 (evidence of unemployment or incapacity) for “unemployment benefit” there shall be substituted “a jobseeker’s allowance”.

In regulation 7 (modification of contribution conditions for receiving benefit in certain circumstances, in respect of mariners employed on board foreign-going ships) for the words from the beginning up to and including “this regulation be satisfied” there shall be substituted—

“Where, on a claim for benefit, a contribution condition that the contributor concerned must in respect of the relevant past year have—

(a)

either paid or been credited with contributions of a relevant class and the earnings factor derived from those contributions must not be less than a specified multiple of that year’s lower earnings limit; or

(b)

either paid contributions or been credited with earnings as specified in Article 4 of the Jobseekers (Northern Ireland) Order 1995, and the earnings factor derived from earnings upon which contributions have been paid or from earnings credited must not be less than a specified multiple of that year’s lower earnings limit,

cannot apart from this regulation be satisfied”.

In regulation 9 (application of the Act and regulations) after “made thereunder” there shall be inserted “, or of the Jobseekers (Northern Ireland) Order 1995 and regulations made thereunder,”.

The Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977^f1 shall be amended in accordance with paragraphs (2) to (4), (7) and (8).

In regulation 2(1)(a)^f2 (provisions as to maintenance for the purposes of increase of benefit in respect of dependants) “unemployed, or” shall be omitted.

In regulation 3 (allocation of contributions for spouse or children)—

Subject to paragraph (5), in regulation 8 (earnings rules for increases for adult dependants)—

Where the amount for the time being specified in regulation 79(1)(c) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 is less than the amount specified in paragraph 1 of Part I of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as in operation on 6th October 1996, paragraph (4) shall have effect as if the words substituted by that paragraph were “£48·25”.

Paragraph (5) shall apply in a particular case only for so long as the amount substituted by that paragraph is greater than the amount specified in regulation 79(1)(c) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996.

In regulation 10 (increase of benefit for person having care of child)—

In regulation 11 (contribution to maintenance of adult dependant)—

The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978^f1 shall be amended in accordance with paragraphs (2) and (3).

In regulation 13(1)(a) (modification of the Act in relation to the Channel Islands) “(other than unemployment benefit)” shall be omitted.

In regulation 16 (administrative arrangements about payment of benefit) after “under the Act” there shall be inserted “, or in connection with jobseeker’s allowance,”.

in paragraph (3) the words from “and of regulation 7(1)(g)(i)” up to and including “a day of unemployment)” shall be omitted, and

paragraphs (5) and (6) shall be omitted.

The Child Benefit (General) Regulations (Northern Ireland) 1979^f1 shall be amended in accordance with paragraphs (2) and (3).

For regulation 9A^f2 (child receiving income support) there shall be substituted the following regulation—

“Child receiving income support or income-based jobseeker’s allowance

9A

Benefit shall not be payable in respect of a child by virtue of section 138(1)(c) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f3 (meaning of “child”) for any week in respect of which that child receives income support or income-based jobseeker’s allowance within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995.”.

In regulation 9B(3)(b)^f4 (circumstances in which a person who has ceased to receive full-time education is to be treated as a child) after “income support” there shall be inserted “or income-based jobseeker’s allowance within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995”.

The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979^f1 shall be amended in accordance with paragraphs (2) to (8).

In regulation 2(1) (interpretation)—

In regulation 4(1)(a)^f3 (adjustment of personal benefit) after “injuries benefits)” there shall be inserted “or under the Jobseekers Order”.

In regulation 10(1)^f4 (adjustment of dependency benefit) after sub-paragraph (i) there shall be added the following sub-paragraph—

“(j)

a contribution-based jobseeker’s allowance,”.

In regulation 14^f5 (provisions for adjusting benefit for part of a week)—

In regulation 16 (persons to be treated as entitled to benefit for certain purposes)—

In regulation 17 (prevention of double adjustments) after the words “under the Act” in each place where they occur there shall be inserted “or under the Jobseekers Order”.

In paragraph 1 of Schedule 1^f6 (personal benefit under the Act) for “Unemployment benefit” there shall be substituted “A contribution-based jobseeker’s allowance”.

The Family Credit (General) Regulations (Northern Ireland) 1987^f1 shall be amended in accordance with paragraphs (2) to (6).

In regulation 2(1) (interpretation) after the definition of “the Contributions and Benefits Act”^f2 there shall be inserted the following definition—

• ““the Jobseekers Order” means the Jobseekers (Northern Ireland) Order 1995;”.

In regulation 6(2)^f3 (persons of a prescribed description) after sub-paragraph (a) there shall be inserted the following sub-paragraph—

“(aa)

who is entitled to income-based jobseeker’s allowance or would, but for Article 5(1)(d) of the Jobseekers Order (provision against dual entitlement of members of family), be so entitled;”.

In regulation 50^f4 (prevention of duplication of awards of family credit, disability working allowance and income support) for “or income support” there shall be substituted “, income support or income-based jobseeker’s allowance”.

In Schedule 2 (sums to be disregarded in the calculation of income other than earnings)—

In Schedule 3 (capital to be disregarded)—

The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988^f1 shall be amended in accordance with paragraphs (2) to (6).

In regulation 1(2) (interpretation)—

In regulations 5(3) (offsetting prior payment against subsequent award), 8(2) (duplication and prescribed payments), 13(b) (sums to be deducted in calculating recoverable amounts) and 15(2)(d) (recovery by deduction from prescribed benefits) after the words “income support” in each place where they occur there shall be inserted “or income-based jobseeker’s allowance”.

In regulation 7(1)^f3 (duplication and prescribed income)—

In regulations 14(1)^f4 (quarterly dimunition of capital) and 17^f5 (recovery from couples) after the words “income support” in each place where they occur there shall be inserted “, income based jobseeker’s allowance”.

In regulation 16 (limitations on deductions from prescribed benefits)—

The Disability Working Allowance (General) Regulations (Northern Ireland) 1992^f1 shall be amended in accordance with paragraphs (2) to (7).

In regulation 2 (interpretation) after the definition of “the Contributions and Benefits Act”^f2 there shall be inserted the following definition—

• ““the Jobseekers Order” means the Jobseekers (Northern Ireland) Order 1995^f3;”.

In regulation 7 (income-related benefits)—

In regulation 8(2) (persons of a prescribed description) after sub-paragraph (a) there shall be inserted the following sub-paragraph—

“(aa)

who is entitled to income-based jobseeker’s allowance or would, but for Article 5(1)(d) of the Jobseekers Order (provision against dual entitlement of members of family), be so entitled;”.

In regulation 55 (prevention of duplication of awards of disability working allowance, family credit and income support) after “family credit” there shall be inserted “, income-based jobseeker’s allowance”.

In Schedule 3 (sums to be disregarded in the calculation of income other than earnings)—

In Schedule 4 (capital to be disregarded)—

The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992^f1 shall be amended in accordance with paragraphs (2) to (11).

In regulation 1 (interpretation)—

In regulation 8D(8)^f4 (miscellaneous provisions in relation to interim maintenance assessments) at the end there shall be added “or income-based jobseeker’s allowance”.

In regulation 16(6) (intervals between periodical reviews and notice of a periodical review) after the words “income support” in each place where they occur there shall be inserted “or income-based jobseeker’s allowance”.

In regulation 34A^f5 (circumstances in which a reduced benefit direction shall not be given) after paragraph (a) there shall be inserted the following paragraph—

“(aa)

income-based jobseeker’s allowance is paid to or in respect of the parent in question and the applicable amount of the claimant for income-based jobseeker’s allowance includes one or more of the amounts set out in paragraph 20(4), (5) or (7) of Schedule 1 to the Jobseeker’s Allowance Regulations; or”.

In regulation 35^f6 (amount of and period of reduction of relevant benefit under a reduced benefit direction)—

In regulation 37(3) (suspension of a reduced benefit direction when relevant benefit ceases to be payable) after “39,” there shall be inserted “39ZA,”.

In regulation 38(1) (reduced benefit direction where family credit or disability working allowance is payable and income support becomes payable)—

After regulation 39 (suspension of a reduced benefit direction when a modified applicable amount is payable) there shall be inserted the following regulation—

“Suspension of a reduced benefit direction in the case of modified applicable amounts in jobseeker’s allowance

39ZA

(1)

Where a direction is given or is in operation at a time when income-based jobseeker’s allowance is payable to or in respect of the parent concerned but that parent’s applicable amount falls to be calculated under the provisions mentioned in paragraph (4), that direction shall be suspended for so long as the applicable amount falls to be calculated under those provisions, or 52 weeks, whichever period is the shorter.

(2)

Where a direction is given or is in operation at a time when income-based jobseeker’s allowance is payable to or in respect of the parent concerned, but that parent’s applicable amount includes a residential allowance under regulation 83(c) of, and paragraph 3 of Schedule 1 to, the Jobseeker’s Allowance Regulations (persons in residential care or nursing homes), that direction shall be suspended for as long as that parent’s applicable amount includes such a residential allowance, or 52 weeks, whichever period is the shorter.

(3)

Where a case falls within paragraph (1) or (2) and a direction has been suspended for a period of 52 weeks, it shall cease to be in force.

(4)

The provisions of paragraph (1) shall apply where the applicable amount in relation to the parent concerned falls to be calculated under—

(a)

regulation 85 of, and paragraph 1 or 2 of Schedule 4 to, the Jobseeker’s Allowance Regulations (patients);

(b)

regulation 85 of, and paragraph 8, 9 or 15 of Schedule 4 to, the Jobseeker’s Allowance Regulations (persons in residential accommodation); or

(c)

regulation 86 of, and Schedule 3 to, the Jobseeker’s Allowance Regulations (applicable amounts for persons in residential care and nursing homes).”.

In regulation 45(1) (reduced benefit directions where there is an additional qualifying child) after the words “regulation 39” in each place where they occur there shall be inserted “or 39ZA”.

In paragraph 1(3)(b) of Schedule 1 (persons of 16 or 17 years of age who are not in full-time non-advanced education) after “income support” there shall be inserted “or income-based jobseeker’s allowance”.

The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992^f1 shall be amended in accordance with paragraphs (2) to (8).

In regulation 1(2) (interpretation) after the definition of “the 1972 Order” there shall be inserted the following definition—

• ““the Jobseekers Order” means the Jobseekers (Northern Ireland) Order 1995^f2;”.

In regulation 28(1)^f3 (amount payable where absent parent is in receipt of income support or other prescribed benefit) after the words “income support” in the first place where they occur there shall be inserted “, income-based jobseeker’s allowance”.

In Schedule 1 (calculation of N and M)—

In Schedule 2 (amounts to be disregarded when calculating or estimating N and M), in paragraph 15 after “income support,” there shall be inserted “income-based jobseeker’s allowance,”.

In the provisions listed in paragraph (7) after the words “the Contributions and Benefits Act” in each place where they occur there shall be inserted “or the Jobseekers Order”.

The provisions referred to in paragraph (6) are—

In Schedule 2, in paragraph 48, in the definition of “concessionary payment” after “Contributions and Benefits Act” there shall be inserted “or the Jobseekers Order”.

In the provisions of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992^f1 listed in paragraph (2), after the words “income support” in each place where they occur there shall be inserted “or income-based jobseeker’s allowance”.

The provisions referred to in paragraph (1) are—

The Social Security (Incapacity Benefit — Increases for Dependants) Regulations (Northern Ireland) 1994^f1 shall be amended in accordance with paragraphs (2) to (4).

In regulation 10(2) (earnings rules for increases for adult dependants), for “the amount specified in paragraph 1 of Part I of Schedule 4 to that Act” there shall be substituted, subject to paragraph (3), “the amount for the time being specified in regulation 79(1)(c) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (age-related amount for a claimant who has attained the age of 25)”.

Where the amount for the time being specified in regulation 79(1)(c) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 is less than the amount specified in paragraph 1 of Part I of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as in operation on 6th October 1996, paragraph (2) shall have effect as if the words substituted by that paragraph were “£48·25”.

Paragraph (3) shall apply in a particular case only for so long as the amount substituted by that paragraph is greater than the amount specified in regulation 79(1)(c) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996.

The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995^f1 shall be amended in accordance with paragraphs (2) and (3).

In regulation 6(3)(a) (information required for determining capacity for work) for “unemployment benefit” there shall be substituted “jobseeker’s allowance”.

In regulation 17A^f2 (person who claims unemployment benefit to be treated as capable of work) for “on each day in respect of which he claims unemployment benefit” there shall be substituted “throughout any period in respect of which he claims a jobseeker’s allowance” and for “on that day” there shall be substituted “throughout that period”.