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The Welfare Reform (2010 Act) (Commencement No. 4) Order (Northern Ireland) 2011

S.R. 2011/430 · Made 14 December 2011

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Social Security

Made 14th December 2011

The Department for Social Development makes the following Order in exercise of the powers conferred by section 36(2) and (3) of the Welfare Reform Act (Northern Ireland) 2010f1.

Annotations to the whole text

Footnotes

f1

2010 c. 13 (N.I.)

Contents

  1. 1Citation
  2. 2Appointed day
  3. Signature
  4. Explanatory note

1Citation

This Order may be cited as the Welfare Reform (2010 Act) (Commencement No. 4) Order (Northern Ireland) 2011.

2Appointed day

16th December 2011 is the day appointed for the coming into operation of the following provisions of the Welfare Reform Act (Northern Ireland) 2010—

(a)

section 11(5) (conditions for contributory jobseeker’s allowance) in so far as it inserts Article 4(3B)(a) and (3C)f1 only into the Jobseekers (Northern Ireland) Order 1995; and

(b)

section 12(5)(a) and (b) (conditions for contributory employment and support allowance).

Signature

Sealed with the Official Seal of the Department for Social Development on 14th December 2011

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Order)

This Order brings into operation section 11(5) (conditions for contributory jobseeker’s allowance) and section 12(5)(a) and (b) (conditions for contributory employment and support allowance) of the Welfare Reform Act (Northern Ireland) 2010. Those provisions are brought into operation on 16th December 2011, in accordance with Article 2.

Section 11(5) inserts new paragraphs (3B) and (3C) into Article 4 of the Jobseekers (Northern Ireland) Order 1995 (the “1995 Order”). Paragraph (3B) is a regulation-making power which principally provides for the first set of conditions for contribution-based jobseeker’s allowance to be taken to be satisfied in the case of persons who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time (sub-paragraph (a)(i)) or who satisfy other prescribed conditions (sub-paragraph (a)(ii)). The first set of conditions is the condition set out in Article 4(1)(a) and the additional conditions set out in Article 4(2) of the 1995 Order. Paragraph (3C) defines certain terms used in paragraph (3B).

Section 12(5) makes changes to the existing regulation-making power in paragraph 1(4) (employment and support allowance: conditions relating to national insurance) of Schedule 1 to the Welfare Reform Act (Northern Ireland) 2007 to make similar provision in that Act in relation to employment and support allowance to Article 4(3B) (a)(ii) and (b) of the 1995 Order.