Article 23 Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996^f1 are amended as follows.

(2)

In regulation 1(2) (citation, commencement, interpretation and application), after the definition of “sandwich course”, insert—

““Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”.

(3)

In regulation 51(3)(c) (remunerative work)—

(a)

in head (i), after “DACYP Regulations”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”;

(b)

in head (ii), after “disability living allowance”, insert “, Scottish adult disability living allowance”.

(4)

In regulation 140(1)(h) (meaning of “person in hardship”)—

(a)

(b)

in head (ii), after “disability living allowance”, insert “, Scottish adult disability living allowance”.

(5)

In regulation 146A(1)(e) (meaning of “couple in hardship”)—

(a)

(b)

in head (ii), after “disability living allowance”, insert “, Scottish adult disability living allowance”.

(6)

In paragraph 3(a) of Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order)—

(a)

in sub-head (i), after “DACYP Regulations”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”;

(b)

in sub-head (iv), after “disability living allowance”, insert “, Scottish adult disability living allowance”.

(7)

In Schedule 1 (applicable amounts)—

(a)

in paragraph 8(2), after “DACYP Regulations”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”;

(b)

in paragraph 14(1)—

(i)

before head (d), insert—

“(cb)

the claimant or, as the case may be, the claimant’s partner, is in receipt of Scottish adult disability living allowance or is a person whose Scottish adult disability living allowance is payable, in whole or in part, to another in accordance with regulation 28 (making payments) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”;

(ii)

after head (fb), insert—

“(fc)

the claimant or, as the case may be, the claimant’s partner, is a person who is entitled to the mobility component of Scottish adult disability living allowance but to whom the component is not payable in accordance with regulation 29(6) (amount and form of Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”;

(iii)

omit the “or” after head (g)(iv);

(iv)

after head (g)(v), insert—

“or

(vi)

entitled to Scottish adult disability living allowance but no amount is payable in accordance with regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025,”;

(v)

in the words after the new head (g)(vi), for “(v)” substitute “(vi)”;

(c)

in paragraph 15—

(i)

in sub-paragraphs (1)(a) and (4)(a), after “Benefits Act”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”;

(ii)

in sub-paragraph (2)(a), after “Benefits Act (the “qualifying benefit”)”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”;

(iii)

in sub-paragraph (5), after head (ac), insert—

“(ad)

as being in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 if they would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of those Regulations be so in receipt;”;

(d)

in paragraph 15A(1ZA), after head (aa), insert—

“(ab)

the care component of Scottish adult disability living allowance is, or would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, be payable to that person at the highest rate in accordance with regulation 6(4) of those Regulations; or”;

(e)

in paragraph 20D(2), after “Benefits Act”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”;

(f)

in paragraph 20H(1)—

(i)

before head (d), insert—

“(cb)

is in receipt of Scottish adult disability living allowance or is a person whose Scottish adult disability living allowance is payable, in whole or in part, to another in accordance with regulation 28 (making payments) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”;

(ii)

after head (gb), insert—

“(gc)

is a person who is entitled to the mobility component of Scottish adult disability living allowance but to whom the component is not payable in accordance with regulation 29(6) (amount and form of Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”;

(iii)

omit the “or” after head (h)(iii);

(iv)

after head (h)(iv), insert—

“, or

(v)

entitled to Scottish adult disability living allowance but no amount is payable in accordance with regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025,”;

(v)

in the words after the new head (h)(v), for “(iv)” substitute “(v)”;

(g)

in paragraph 20I—

(i)

in sub-paragraph (1)(a), after “Benefits Act (the “qualifying benefit”)”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”;

(ii)

in sub-paragraph (3)(a), after “Benefits Act”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”;

(iii)

after sub-paragraph (4)(d), insert—

“(e)

as being in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 if they would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of those Regulations, be so in receipt.”;

(h)

in paragraph 20IA—

(i)

omit the “or” after sub-paragraph (1)(a);

(ii)

after sub-paragraph (1)(a), insert—

“(aa)

the care component of Scottish adult disability living allowance is, or would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, be payable at the highest rate in accordance with regulation 6(4) of those Regulations; or”.

(8)

In paragraph 17 of Schedule 2 (housing costs)—

(a)

after sub-paragraph (6)(b)(iia), insert—

“(iib)

the care component of Scottish adult disability living allowance, or”;

(b)

in sub-paragraph (8)(a), after “disability living allowance”, insert “, Scottish adult disability living allowance”.

Annotations

Footnotes

f1: S.R. 1996 No. 198; relevant amending instruments are S.R. 1996 No. 356, S.R. 2000 Nos. 242, 350 and 367, S.R. 2002 No. 323, S.R. 2008 No. 428, S.I. 2013/3021, S.R. 2016 No. 228, S.I. 2021/786, S.I. 2022/177, S.I. 2022/530, S.I. 2023/1218 and S.I. 2024/919.