The Social Security (Joint Claims Amendments) Regulations (Northern Ireland) 2001

Amendment of the Jobseeker’s Allowance Regulations

2.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(1) shall be amended in accordance with paragraphs (2) to (7).

(2) In regulation 3A(1)(2) (prescribed description of a joint-claim couple for the purposes of Article 3(4) of the Order), after “where at least one member” there shall be inserted “is aged 18 or over and”.

(3) In regulation 3D(1)(3) (further circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker’s allowance), for sub-paragraph (c) there shall be substituted the following sub-paragraph—

“(c)the other member satisfies the condition in Article 3(2)(e) and (h) of the Order but is not required to satisfy the other conditions in Article 3(2B)(b)(4) of the Order because, subject to paragraph (3), he is a person to whom any paragraph in Schedule A1(5) applies, and”.

(4) In regulation 3E(2)(6) (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple), in both sub-paragraphs (g) and (k), for “more than 16 hours” there shall be substituted “16 hours or more”.

(5) At the end of regulation 47(4)(b)(ii)(7) (jobseeking period), there shall be added “or on which the claimant is a member of a joint-claim couple and a joint-claim jobseeker’s allowance is not payable or is reduced because he is subject to sanctions by virtue of Article 22A(8) of the Order”.

(6) In 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 the heading, for “Regulation 3D(1)(c)(iii)” there shall be substituted “Regulation 3D(1)(c)”;

(b)for paragraph 2(1) and (2) there shall be substituted the following sub-paragraphs—

“2.—(1) A member—

(a)who, at the date of claim, is aged 16 or over but under 19 and is receiving full-time education for the purposes of section 138 of the Benefits Act (meaning of child);

(b)who, at the date of claim, is a full-time student, or

(c)to whom (a) or (b) does not apply but to whom sub-paragraph (1A) or (2) does apply.

(1A) This sub-paragraph applies to a member who—

(a)as at the date of claim—

(i)had applied to an educational establishment to commence a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year after the date of claim and that application has not been rejected, or

(ii)had been allocated a place on a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year, and

(b)is either—

(i)aged 16 or over but under 19 and is receiving full-time education for the purposes of section 138 of the Benefits Act, or

(ii)a full-time student.

(2) This sub-paragraph applies to a member who has applied to an educational establishment to commence a full-time course of study (other than a course of study beyond a first degree course or a comparable course)—

(a)within one month of—

(i)the last day of a previous course of study, or

(ii)the day on which the member received examination results relating to a previous course of study, and

(b)who is either—

(i)aged 16 or over but under 19 and is receiving full-time education for the purposes of section 138 of the Benefits Act, or

(ii)a full-time student.”.

(7) In the first column of paragraph 20M(4)(i) of Schedule 1(9) (applicable amounts), for “20I(3)” there shall be substituted “20I(4)”.