The Jobseekers (Northern Ireland) Order 1995

Persons under 18

Severe hardship

18.—(1) If it appears to the Department—

(a)that a person—

(i)has reached the age of 16 but not the age of 18,

(ii)is not entitled to a jobseeker’s allowance or to income support, and

(iii)is registered for training but is not being provided with any training, and

(b)that severe hardship will result to him unless a jobseeker’s allowance is paid to him, the Department may direct that this Article is to apply to him.

(2) A direction may be given so as to have effect for a specified period.

(3) The Department may revoke a direction if—

(a)it appears to the Department that there has been a change of circumstances as a result of which failure to receive a jobseeker’s allowance need no longer result in severe hardship to the person concerned;

(b)it appears to the Department that the person concerned—

(i)failed to pursue an opportunity of obtaining training, or

(ii)rejected an offer of training,

and has not shown good reason for doing so; or

(c)the Department is satisfied that it was given in ignorance of some material fact or was based on a mistake as to some material fact and considers that, but for the ignorance or mistake, the Department would not have given the direction.

(4) In this Article—

• “period” includes—

  (a)

  a period of a determinate length;

  (b)

  a period defined by reference to the happening of a future event; and

  (c)

  a period of a determinate length but subject to earlier determination upon the happening of a future event.

Reduced payments

19.—(1) Regulations may provide for the amount of an income-based jobseeker’s allowance payable to any young person to whom this Article applies to be reduced—

(a)in such circumstances,

(b)by such a percentage, and

(c)for such a period,

as may be prescribed.

(2) This Article applies to any young person in respect of whom—

(a)a direction is in force under Article 18; and

(b)either of the conditions mentioned in paragraph (3) is satisfied.

(3) The conditions are that—

(a)the young person was previously entitled to an income-based jobseeker’s allowance and that entitlement ceased by virtue of the revocation of a direction under Article 18;

(b)he has failed to complete a course of training and no certificate has been issued to him under paragraph (4) with respect to that failure.

(4) Where a young person who has failed to complete a course of training—

(a)claims that there was good cause for the failure, and

(b)applies to the Department for a certificate under this paragraph,

the Department shall, if it is satisfied that there was good cause for the failure, issue a certificate to that effect and give a copy of it to the young person.

(5) In this Article “young person” means a person who has reached the age of 16 but not the age of 18.

Recovery of overpayments

20.  In the Administration Act, insert after section 69—

“Jobseeker’s allowance

Recovery of jobseeker’s allowance: severe hardship cases.

69A.—(1) Where—

(a)a severe hardship direction is revoked; and

(b)it is determined by an adjudication officer that—

(i)whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact; and

(ii)in consequence of the failure of misrepresentation, payment of a jobseeker’s allowance has been made during the relevant period to the person to whom the direction related, an adjudication officer may determine that the Department is entitled to recover the amount of the payment.

(2) In this section—

“severe hardship direction” means a direction given under Article 18 of the Jobseekers (Northern Ireland) Order 1995; and

“the relevant period” means—

(3) Where a severe hardship direction is revoked, the Department may certify whether there has been misrepresentation of a material fact or failure to disclose a material fact.

(4) If the Department certifies that there has been such misrepresentation or failure to disclose, it may certify—

(a)who made the misrepresentation or failed to make the disclosure; and

(b)whether or not a payment of jobseeker’s allowance has been made in consequence of the misrepresentation or failure.

(5) If the Department certifies that a payment has been made, it may certify the period during which a jobseeker’s allowance would not have been paid but for the misrepresentation or failure to disclose.

(6) A certificate under this section shall be conclusive as to any matter certified.

(7) Subsections (3) and (6) to (10) of section 69 above apply to a jobseeker’s allowance recoverable under subsection (1) above as they apply to a jobseeker’s allowance recoverable under section 69(1) above.

(8) The other provisions of section 69 above do not apply to a jobseeker’s allowance recoverable under subsection (1) above.”.