Jobseekers (Northern Ireland) Order 1995

JurisdictionUK Non-devolved
CitationSI 1995/2705

1995 No. 2705 (N.I. 15)

NORTHERN IRELAND

The Jobseekers (Northern Ireland) Order 1995

Made 18th October 1995

Laid before Parliament in draft 25th October 1995

Coming into operation on days to be appointed under Article 1(2)

At the Court at Buckingham Palace, the 18th day of October 1995

Present,

The Queen’s Most Excellent Majesty in Council

Whereas this Order is made only for purposes corresponding to those of the Jobseekers Act 19951:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of the Schedule 1 to the Northern Ireland Act 19742as modified by section 39 of the Act of 1995) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1 Introductory

Part I

Introductory

Title and commencement
S-1 Title and commencement

Title and commencement

1.—(1) This Order may be cited as the Jobseekers (Northern Ireland) Order 1995.

(2) This Order comes into operation on such day or days as the Department may by order appoint.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 19543applies to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“adjudication officer” means an adjudication officer appointed under section 36 of the Administration Act;

“the Administration Act” means the Social Security Administration (Northern Ireland) Act 19924;

“applicable amount” means the applicable amount determined in accordance with regulations under Article 6;

“benefit year” has the meaning given by Article 4(4);

“the Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 19925;

“child” means a person under the age of 16;

“claimant” means a person who claims a jobseeker’s allowance;

“contribution-based conditions” means the conditions set out in Article 4;

“contribution-based jobseeker’s allowance” has the meaning given in Article 3(4);

“the Department” means the Department of Health and Social Services;

“employed earner” has the meaning prescribed for the purposes of this Order;

“employment”, except in Article 9, has the meaning prescribed for the purposes of this Order;

“entitled”, in relation to a jobseeker’s allowance, is to be construed in accordance with—

(a) the provisions of this Order relating to entitlement; and

(b) sections 1 and 66 of the Administration Act;

“family” means—

(a) a married or unmarried couple;

(b) a married or unmarried couple and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;

(c) except in prescribed circumstances, a person who is not a member of a married or unmarried couple and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;

“income-based conditions” means the conditions set out in Article 5;

“income-based jobseeker’s allowance” has the meaning given in Article 3(4);

“jobseeker’s agreement” has the meaning given by Article 11(1);

“jobseeking period” has the meaning prescribed for the purposes of this Order;

“married couple” means a man and woman who are married to each other and are members of the same household;

“National Insurance Fund” means the Northern Ireland National Insurance Fund;

“Northern Ireland” includes the territorial waters of the United Kingdom adjacent to Northern Ireland;

“occupational pension scheme” has the same meaning as it has in the Pension Schemes (Northern Ireland) Act 19936by virtue of section 1 of that Act;

“pensionable age” has the meaning prescribed for the purposes of this Order;

“pension payments” means—

(a) periodical payments made in relation to a person, under a personal pension scheme or, in connection with the coming to an end of an employment of his, under an occupational pension scheme or a public service pension scheme; and

(b) such other payments as may be prescribed;

“personal pension scheme” means—

(a) a personal pension scheme as defined by section 1 of the Pension Schemes (Northern Ireland) Act 1993;

(b) a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 19887; and

(c) a personal pension scheme approved under Chapter IV of that Part of that Act;

“prescribed” means specified in or determined in accordance with regulations;

“public service pension scheme” has the same meaning as it has in the Pension Schemes (Northern Ireland) Act 1993 by virtue of section 1 of that Act;

“regulations” means regulations made by the Departments;

“tax year” means the 12 months beginning with 6th April in any year;

“trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises, or not;

“training” has the meaning prescribed for the purposes of this Order and, in relation to prescribed provisions of this Order, if regulations so provide, includes assistance to find training or employment, or to improve a person’s prospects of being employed, of such a kind as may be prescribed;

“unmarried couple” means a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;

“week” means a period of 7 days beginning with a Sunday or such other period of 7 days as may be prescribed;

“work” has the meaning prescribed for the purpose of this Order;

“year”, except in the expression “benefit year”, means a tax year.

(3) The expressions “capable of work”, “linked period”, “relevant education” and “remunerative work” are to be read with paragraphs 2, 3, 14 and 1 of Schedule 1.

(4) Subject to any regulations made for the purposes of this paragraph, “earnings” is to be construed for the purpose of this Order in accordance with section 3 of the Benefits Act and paragraph 6 of Schedule 1 to this Order.

2 The Jobseeker’s Allowance

Part II

The Jobseeker’s Allowance

Entitlement

Entitlement

S-3 The jobseeker’s allowance

The jobseeker’s allowance

3.—(1) An allowance, to be known as a jobseeker’s allowance, shall be payable in accordance with the provision of this Order.

(2) Subject to the provisions of this Order, a claimant is entitled to a jobseeker’s allowance if he—

(a)

(a) is available for employment;

(b)

(b) has entered into a jobseeker’s agreement which remains in force;

(c)

(c) is actively seeking employment;

(d)

(d) satisfies either—

(i) the conditions set out in Article 4; or

(ii) the conditions set out in Article 5;

(e)

(e) is not engaged in remunerative work;

(f)

(f) is capable of work;

(g)

(g) is not receiving relevant education;

(h)

(h) is under pensionable age; and

(i)

(i) is in Northern Ireland

(3) A jobseeker’s allowance is payable in respect of a week.

(4) In this Order—

“a contribution-based jobseeker’s allowance” means a jobseeker’s allowance entitlement to which is based on the claimant’s satisfying conditions which include those set out in Article 4; and

“an income-based jobseeker’s allowance” means a jobseeker’s allowance entitlement to which is based on the claimant’s satisfying conditions which include those set out in Article 5.

S-4 The contribution-based conditions

The contribution-based conditions

4.—(1) The conditions referred to in Article 3(2)(d)(i) are that the claimant—

(a)

(a) has actually paid Class 1 contributions in respect of one (“the base year”) of the last two complete years before the beginning of the relevant benefit year and satisfies the additional conditions set out in paragraph (2);

(b)

(b) has, in respect of the last two complete years before the beginning of the relevant benefit year, either paid Class 1 contributions or been credited with earnings and satisfies the additional condition set out in paragraph (3);

(c)

(c) does not have earnings in excess of the prescribed amount; and

(d)

(d) is not entitled to income support.

(2) The additional conditions mentioned in paragraph (1)(a) are that—

(a)

(a) the contributions have been paid before the week for which the jobseeker’s allowance is claimed;

(b)

(b) the earnings factor derived from earnings upon which primary Class 1 contributions have been paid or treated as paid is not less than the base year’s lower earnings limit multiplied by 25.

(3) The additional condition mentioned in paragraph (1)(b) is that the earnings factor derived from earnings upon which primary Class 1 contributions have been paid or treated as paid or from earnings credited is not less, in each of the two complete years, than the lower earnings limit for the year multiplied by 50.

(4) For the purposes of this Article—

(a)

(a) “benefit year” means a period which is a benefit year for the purposes of Part II of the Benefits Act or such other period as may be prescribed for the purposes of this Article;

(b)

(b) “the relevant benefit year” is the benefit year which includes—

(i) the beginning of the jobseeking period which includes the week for which a jobseeker’s allowance is claimed, or

(ii) (if earlier) the beginning of any linked period; and

(c)

(c) other expressions which are used in this Article and the Benefits Act have the same meaning in this Article as they have in the Act.

S-5 The income-based conditions

The income-based conditions

5.—(1) The conditions referred to in Article 3(2)(9d)(ii) are that the claimant—

(a)

(a) has an income which does not exceed the applicable amount (determined in accordance with regulations under Article 6) or has no income;

(b)

(b) is not entitled to income support;

(c)

(c) is not a member of a family one of whose members is entitled to income support;

(d)

(d) is not a member of a family one of whose members is entitled to an...

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