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The Social Security (Steps to Work) (No. 2) Regulations (Northern Ireland) 2009

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Statutory Rules of Northern Ireland

2009 No. 341

Social Security

The Social Security (Steps to Work) (No. 2) Regulations (Northern Ireland) 2009

Made

7th October 2009

Coming into operation

2nd November 2009

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 21(2), 22A(3) and 36(2) of the Jobseekers (Northern Ireland) Order 1995(1) and now vested in it(2).

Citation and commencement

1.  These Regulations may be cited as the Social Security (Steps to Work) (No. 2) Regulations (Northern Ireland) 2009 and shall come into operation on 2nd November 2009.

Amendment of the Jobseeker’s Allowance Regulations

2.  In regulation 69(3) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(4) (prescribed period for purposes of Article 21(2))—

(a)in paragraph (1)(e)(5) before “26 weeks” insert “subject to paragraph (1A),”;

(b)after paragraph (1) insert—

(1A) Where the Department is satisfied that the claimant has complied with the condition in paragraph (1B), paragraph (1)(e) applies as if the reference to 26 weeks were a reference to either—

(a)4 weeks, or

(b)the period beginning on the day specified in paragraph (2) and ending on the last day of the benefit week in which the claimant complies with the condition,

whichever is the longer.

(1B) The condition is that, after the date on which the determination mentioned in paragraph 1(e)(i) is made, the claimant agrees in writing to undertake the activities as required by the Steps to Work programme..

Sealed with the Official Seal of the Department for Social Development on 7th October 2009

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 in the case of claimants who are subject to a benefit sanction because it has been determined that they have failed to participate in a programme known as Steps to Work and who have previously been subject to benefit sanctions. Where a claimant agrees in writing to undertake the activities as required by the Steps to Work programme, the Regulations provide for the benefit sanction to last for either 4 weeks or for the period beginning with the determination and ending with the claimant’s agreement to comply with the relevant requirements for the programme (whichever is the longer). Otherwise the sanction will last for 26 weeks.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

(1)

S.I. 1995/2705 (N.I. 15); Article 22A was inserted by paragraph 14 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and Article 36(2) was amended by paragraph 55 of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

(2)

See Article 8(b) of S.R. 1999 No. 481

(3)

Regulation 69 was substituted by regulation 2(3) of S.R. 2000 No. 9

(4)

S.R. 1996 No. 198; relevant amending Regulations are S.R. 2000 No. 9 and S.R. 2009 No. 141

(5)

Paragraph (1)(e) was added by regulation 2(3)(c) of S.R. 2009 No. 141

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