Explanatory note

These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”) and the Housing Benefit (General) Regulations (Northern Ireland) 1987.

Regulations 2 and 3 amend definitions in the Jobseeker’s Allowance Regulations and add new definitions.

Regulation 4 inserts a new regulation 17A into the Jobseeker’s Allowance Regulations. It provides for persons to be treated as available for employment in accordance with paragraph (3) of the new regulation 17A, in the case of a person who is aged 25 years or over, has made a claim for jobseeker’s allowance and has been receiving benefit for not less than two years and who, with the agreement of an employment officer, is undertaking a qualifying course. A qualifying course is defined in the new regulation 17A(7).

Regulation 5 inserts a new regulation 21A into the Jobseeker’s Allowance Regulations. This provides that a person who is treated as available for employment in accordance with the new regulation 17A is to be treated as actively seeking employment, as set out in the new regulation 21A.

Regulations 6 and 7 amend regulation 72 (good cause for the purposes of Article 21(5)(a) and (6)(c) and (d) of the Jobseekers (Northern Ireland) Order 1995 (“the Order”)) and regulation 73 (good cause for the purposes of Article 21(5)(b) of the Order) of the Jobseeker’s Allowance Regulations by adding further cases where a person is to be regarded as having good cause for the purposes of Article 21(6)(c) and (d) and 21(5)(b) of the Order and adding a further factor to be taken into account in determining whether a person has good cause for the purposes of Article 21(5)(a) and (6)(c) and (d) of the Order.

Regulation 8 amends regulation 75 of the Jobseeker’s Allowance Regulations, by adding a qualifying course (see new regulation 17A(7)) to the list of training schemes in relation to which a person can receive a benefit sanction for certain acts or omissions).

Regulation 9 amends the Housing Benefit (General) Regulations (Northern Ireland) 1987 in order to ensure that a person undertaking a qualifying course is regarded as a student for the purposes of those Regulations.

In so far as these Regulations are required, for the purposes of regulation 9, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.