The Jobseeker’s Allowance (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2014
S.R. 2014/263 · Made 22 October 2014
Social Security
Made 22nd October 2014
Coming into operation 9th November 2014
The Department for Social Development makes the following Regulations in exercise of the powers conferred by Article 6(5) and (12) of the Jobseekers (Northern Ireland) Order 1995f1, and now vested in itf2.
Annotations to the whole text
Footnotes
- f1
- f2
-
See Article 8(b) of S.R. 1999 No. 481
Contents
- 1Citation and commencement
- 2Amendment of the Jobseeker’s Allowance Regulations
- 3Saving
- Signature
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Jobseeker’s Allowance (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2014 and come into operation on 9th November 2014.
2Amendment of the Jobseeker’s Allowance Regulations
The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 are amended in accordance with paragraphs (2) and (3).
In regulation 1(2) (citation, commencement and interpretation)—
after the definition of “course of study”f2 insert—
““Crown Servant” means a person holding an office or employment under the Crown;”; and
after the definition of “Health and Social Services Board” insert—
““Her Majesty’s forces” has the meaning in the Armed Forces Act 2006f3;”.
In regulation 85Af4 (special cases: supplemental – persons from abroad)—
in paragraph (2)(a)f5 before “the claimant” insert “subject to the exceptions in paragraph (2A),”; and
after paragraph (2) insert—
“(2A)The exceptions are where the claimant has at any time during the period referred to in paragraph (2)(a)—
(a)(b)been a Crown servant posted to perform overseas the duties of a Crown servant; or
(c)been a member of Her Majesty’s forces posted to perform overseas the duties of a member of Her Majesty’s forces.”
3Saving
The amendment in regulation 2(3) does not apply in relation to a claim for a jobseeker’s allowance which is made or treated as made before these Regulations come into operation.
Signature
Sealed with the Official Seal of the Department for Social Development on 22nd October 2014
(L.S.)
Anne McCleary
A senior officer of the Department for Social Development
Explanatory note
(This note is not part of the Regulations)
These Regulations amend regulation 85A of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 in relation to the definition of a “person from abroad”.
A claimant for a jobseeker’s allowance who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland (“the Common Travel Area”) is a person from abroad for whom the applicable amount is nil.
The habitual residence test cannot be satisfied unless the claimant has been living in the Common Travel Area for the past 3 months and that the claimant has a right to reside in the Common Travel Area.
Regulation 2 inserts paragraph (2A) so that claimants who have paid either Class 1 or Class 2 contributions whilst working abroad or who have been a Crown servant or member of Her Majesty’s forces posted overseas at any time during the past three months will not be required to have been living in the Common Travel Area for the past 3 months in order to satisfy the habitual residence test. The existing requirement to have a right to reside in the Common Travel Area remains.
Regulation 3 provides a saving for claims made or treated as made before 9th November 2014.
These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.