Contents
Part I · Introductory
Article 1Title and commencement#
This Order may be cited as the Companies (Public Sector Audit) Order (Northern Ireland) 2008 and shall come into operation on 1st July 2008.
(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 appointnote.
Article 2Interpretation#
(1)The Interpretation Act (Northern Ireland) 1954 applies 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—
(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The expressions “ limited capability for 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.
• note[“adjudication officer” means an adjudication officer appointed under section 36 of the Administration Act;]• note“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;• “applicable amount” means the applicable amount determined in accordance with regulations under Article 6;• “benefit year” has the meaning given by Article 4(4);• note“the Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;• “child” means a person under the age of 16;• “claimant” means a person who claims a jobseeker's allowance except that in relation to a joint-claim couple claiming a joint-claim jobseeker's allowance it means the couple, or each member of the couple, as the context requires;;• “contribution-based conditions” means the conditions set out in Article 4;• “contribution-based jobseeker's allowance” has the meaning given in Article 3(4);• “couple” means—(a) two people who are married to, or civil partners of, each other and are members of the same household, or(b) two people who are not married to, or civil partners of, each other but are living together as if spouses of each other otherwise than in prescribed circumstances;• “the Department” means the Department for Communities ;• “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;• “employment officer”, for any purpose of this Order, means an officer of the Department or the Department for Employment and Learning or such other person as may be designated for that purpose by an order made by the Department;• “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) section 1 of the Administration Act and Article 27 of the Social Security (Northern Ireland) Order 1998 ;• “family” means—(a) a couple;(b) a 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 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;• “FAS payments” means payments made under the Financial Assistance Scheme Regulations 2005;• “income-based conditions” means the conditions set out in Article 5;• “income-based jobseeker's allowance” has the meaning given in Article 3(4);• “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);• “jobseeker's agreement” has the meaning given by Article 11(1);• “jobseeker’s direction” has the meaning given by Article 21A;• “jobseeking period” has the meaning prescribed for the purposes of this Order;• “joint-claim couple” and “joint-claim jobseeker's allowance” have the meanings given by Article 3(4);• Definition rep. by 2004 c. 33• “National Insurance Fund” means the Northern Ireland National Insurance Fund;• “the nominated member”, in relation to a joint-claim couple, shall be construed in accordance with Article 5B(4);• “Northern Ireland” includes the territorial waters of the United Kingdom adjacent to Northern Ireland;• note“occupational 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;• “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) an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004; and(c) a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;• “PPF payments” means any payments made in relation to a person—(a) payable under the pension compensation provisions as specified in Article 146(2) of the Pensions (Northern Ireland) Order 2005 or section 162(2) of the Pensions Act 2004 (the pension compensation provisions); or(b) payable under Article 150 of the Pensions (Northern Ireland) Order 2005 or section 166 of the Pensions Act 2004 (duty to pay scheme benefits unpaid at assessment date etc.);• “prescribed”, except in Article 29 (and in Article 36 so far as relating to regulations under Article 29) 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”, except in Article 29 (and in Article 36 so far as relating to regulations under Article 29) 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;• Definition rep. by 2004 c. 33• “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;• “work availability requirement” has the meaning given by Article 8E;• “work preparation requirement” has the meaning given by Article 8C;• “work search requirement” has the meaning given by Article 8D;• “work-focused interview requirement” has the meaning given by Article 8B;• “work-related requirement” has the meaning given by Article 8;• “year”, except in the expression “benefit year”, means a tax year.
Part II · The Jobseeker's Allowance
Entitlement
Article 3The jobseeker's allowance#
(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)
(b)has accepted a claimant commitment ;
(c)in paragraph (h)—
(d)satisfies the conditions set out in Article 4;
(e)is not engaged in remunerative work;
(f)does not have limited capability for work;
(g)is not receiving relevant education;
(h)is under pensionable age; and
(i)is in Northern Ireland
(2A)In paragraph (2), “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(2B)The maximum a person may specify under paragraph (2) in respect of each employment for which he makes such an election is 50 per cent of the remuneration of that employment or an amount equal to 50 per cent of the remuneration of that employment.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2D)A notification given for the purposes of paragraph (2C)(c) must—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(3)A jobseeker's allowance is payable in respect of a week.
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
• note“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;. . . • “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. or a joint-claim jobseeker's allowance;• “a joint-claim couple” means a couple who—(a) are not members of any family whose members include a person in respect of whom a member of the couple is entitled to child benefit, and(b) are of a prescribed description;• “a joint-claim jobseeker's allowance” means a jobseeker's allowance entitlement to which arises by virtue of paragraph (2B).
Article 4The contribution-based conditions#
(1)The conditions referred to in Article 3(2)(d) are that the claimant—
(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)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)does not have earnings in excess of the prescribed amount; and
(d)is not entitled to income support.
(2)The additional conditions mentioned in paragraph (1)(a) are that—
(a)the contributions have been paid before the week for which the jobseeker's allowance is claimed;
(b)the claimant's relevant earnings for the base year upon which primary Class 1 contributions have been paid or treated as paid are not less than the base year's lower earnings limit multiplied by 26.
(2A)Regulations may make provision for the purposes of paragraph (2)(b) for determining the claimant's relevant earnings for the base year.
(2B)Regulations under paragraph (2A) may, in particular, make provision—
(a)for making that determination by reference to the amount of a person's earnings for periods comprised in the base year;
(b)for determining the amount of a person's earnings for any such period by—
(i)first determining the amount of the earnings for the period in accordance with regulations made for the purposes of section 3(2) of the Benefits Act, and
(ii)then disregarding so much of the amount found in accordance with head (i) as exceeded the base year's lower earnings limit (or the prescribed equivalent).
(3)The additional condition mentioned in paragraph (1)(b) is that the earnings factor derived from so much of the claimant's earnings as did not exceed the upper earnings limit and upon which primary Class 1 contributions have been paid or treated as paid or from so much of the claimant's earnings as did not exceed the upper earnings limit and credited is not less, in each of the two complete years, than the lower earnings limit for the year multiplied by 50.
(3A)Where primary Class 1 contributions have been paid or treated as paid on any part of a person's earnings, paragraph (3) shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.
(3B)Regulations may—
(a)provide for the first set of conditions to be taken to be satisfied in the case of persons—
(i)who have been entitled to any prescribed description of benefit during any prescribed period or at any prescribed time, or
(ii)who satisfy other prescribed conditions;
(b)with a view to securing any relaxation of the requirements of the first set of conditions in relation to persons who have been entitled as mentioned in sub-paragraph (a)(i), provide for that set of conditions to apply in relation to them subject to prescribed modifications.
(3C)In paragraph (3B)—• “the first set of conditions” means the condition set out in paragraph (1)(a) and the additional conditions set out in paragraph (2);• “benefit” means—(za) universal credit;(a) any benefit within the meaning of section 121(1) of the Benefits Act,(b) any benefit under Parts 7 to 12 of the Benefits Act,(c) credits under regulations under section 22(5) of the Benefits Act,(d) a contribution-based jobseeker's allowance, and(e) working tax credit.
(4)For the purposes of this Article—
(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)“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)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.
Article 5The income-based conditions#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
(dd)any appeal outstanding or made during the time limit referred to in sub-paragraph (d); or
(de)is not a member of a couple the other member of which is entitled to an income-related employment and support allowance;
(e)FL No. “07.258” chemical name “6-Methyl-3-hepten-2-one”;
(f)FL No. “10.034” chemical name “5,6-Dihydro-3,6-dimethylbenzofuran-2(4H)-one”;
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(iii)a child accepted by the deceased as a member of the family.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(3)If the porcine product is an animal by-product or derived product, it must—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
Article 5AThe conditions for claims by joint-claim couples#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(cc)the ability to apply for the revision or the departure direction referred to in sub-paragraph (c) and the decision whether to revise or to give a departure direction following any such application;
(cd)that neither member of the couple is entitled to an income-related employment and support allowance;
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
(e)FL No. “07.258” chemical name “6-Methyl-3-hepten-2-one”;
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(3)If the porcine product is an animal by-product or derived product, it must—
Article 5BJoint-claim couples: the nominated member#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(3)If the porcine product is an animal by-product or derived product, it must—
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
Article 6Amount payable by way of a jobseeker's allowance#
(1)In the case of a contribution-based jobseeker's allowance, the amount payable in respect of a claimant ( “his personal rate”) shall be calculated by—
(a)determining the age-related amount applicable to him; and
(b)making prescribed deductions in respect of earnings , pension payments, PPF payments and FAS payments .
(2)The age-related amount applicable to a claimant, for the purposes of paragraph (1)(a), shall be determined in accordance with regulations.
(3)If the porcine product is an animal by-product or derived product, it must—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(3A)If a member dies before repayment of contributions have been made, these shall be treated as a lump sum death benefit for the purposes of section 168 of the Finance Act 2004.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(4)Except in prescribed circumstances, a jobseeker's allowance shall not be payable where the amount otherwise payable would be less than a prescribed minimum.
(5)The applicable amount shall be such amount or the aggregate of such amounts as may be determined in accordance with regulations.
(6)Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(7)The reference in paragraph (6)(a) to an offence (“offence A”) includes—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(8)A reference in paragraph (6) or , (7)(a) to (e) or (7A) to an offence (“offence B”) includes—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(9)Where a person making a surrender under regulation D14—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.
(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—
(11)
(11A)In paragraphs (6) to (11) “claimant” does not include—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
but Article 6A, which contains corresponding provisions relating to joint-claim couples, applies instead.
(12)Regulations under paragraph (5) may provide that, in prescribed cases, an applicable amount is to be nil.
Article 6AAmount payable in respect of joint-claim couple#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(3)If the porcine product is an animal by-product or derived product, it must—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(6)Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(7)The reference in paragraph (6)(a) to an offence (“offence A”) includes—
(8)A reference in paragraph (6) or , (7)(a) to (e) or (7A) to an offence (“offence B”) includes—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(9)Where a person making a surrender under regulation D14—
references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.
(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
Article 7Duration of a contribution-based jobseeker's allowance#
(1)The period for which a person is entitled to a contribution-based jobseeker's allowance shall not exceed, in the aggregate, 182 days in any period for which his entitlement is established by reference (under Article 4(1)(b)) to the same two years.
(2)The fact that a person's entitlement to a contribution-based jobseeker's allowance ( “his previous entitlement”) has ceased as a result of paragraph (1) does not prevent his being entitled to a further contribution-based jobseeker's allowance if—
(a)he satisfies the contribution-based conditions; and
(b)the two years by reference to which he satisfies those conditions include at least one year which is later than the second of the two years by reference to which his previous entitlement was established.
(3)Regulations may provide that a person who would be entitled to a contribution-based jobseeker's allowance but for the operation of prescribed provisions of, or made under, this Order shall be treated as if entitled to the allowance for the purposes of this Article.
Work-related requirements
Article 8Work-related requirements#
(1)The following provisions provide for the Department to impose work-related requirements with which claimants must comply for the purposes of this Order.
(2)In this Order “work-related requirement” means—
(a)a work-focused interview requirement (see Article 8B);
(b)a work preparation requirement (see Article 8C);
(c)a work search requirement (see Article 8D);
(d)a work availability requirement (see Article 8E).
Article 8AClaimant commitment#
(1)A claimant commitment is a record of a claimant's responsibilities in relation to an award of a jobseeker's allowance.
(2)A claimant commitment is to be prepared by the Department and may be reviewed and updated as the Department thinks fit.
(3)A claimant commitment is to be in such form as the Department thinks fit.
(4)A claimant commitment is to include—
(a)a record of the requirements that the claimant must comply with under this Order (or such of them as the Department considers it appropriate to include),
(b)any prescribed information, and
(c)any other information the Department considers it appropriate to include.
(5)For the purposes of this Order a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.
Article 8BWork-focused interview requirement#
(1)In this Order a “work-focused interview requirement” is a requirement that a claimant participate in one or more work-focused interviews as specified by the Department.
(2)A work-focused interview is an interview for prescribed purposes relating to work or work preparation.
(3)The purposes which may be prescribed under paragraph (2) include in particular that of making it more likely in the opinion of the Department that the claimant will obtain paid work (or more paid work or better-paid work).
(4)The Department may specify how, when and where a work-focused interview is to take place.
Article 8CWork preparation requirement#
(1)In this Order a “work preparation requirement” is a requirement that a claimant take particular action specified by the Department for the purpose of making it more likely in the opinion of the Department that the claimant will obtain paid work (or more paid work or better-paid work).
(2)The Department may under paragraph (1) specify the time to be devoted to any particular action.
(3)Action which may be specified under paragraph (1) includes in particular—
(a)attending a skills assessment;
(b)improving personal presentation;
(c)participating in training;
(d)participating in an employment programme;
(e)undertaking work experience or a work placement;
(f)developing a business plan;
(g)any action prescribed for the purpose in paragraph (1).
Article 8DWork search requirement#
(1)In this Order a “work search requirement” is a requirement that a claimant take—
(a)all reasonable action, and
(b)any particular action specified by the Department,
for the purpose of obtaining paid work (or more paid work or better-paid work).
(2)The Department may under paragraph (1)(b) specify the time to be devoted to any particular action.
(3)Action which may be specified under paragraph (1)(b) includes in particular—
(a)carrying out work searches;
(b)making applications;
(c)creating and maintaining an online profile;
(d)registering with an employment agency;
(e)seeking references;
(f)any other action prescribed for the purpose in paragraph (1).
(4)Regulations may impose limitations on a work search requirement by reference to the work to which it relates; and the Department may in any particular case specify further such limitations on such a requirement.
(5)A limitation under paragraph (4) may in particular be by reference to—
(a)work of a particular nature,
(b)work with a particular level of remuneration,
(c)work in particular locations, or
(d)work available for a certain number of hours per week or at particular times,
and may be indefinite or for a particular period.
Article 8EWork availability requirement#
(1)In this Order a “work availability requirement” is a requirement that a claimant be available for work.
(2)For the purposes of this Article “available for work” means able and willing immediately to take up paid work (or more paid work or better-paid work).
(3)Regulations may impose limitations on a work availability requirement by reference to the work to which it relates; and the Department may in any particular case specify further such limitations on such a requirement.
(4)A limitation under paragraph (3) may in particular be by reference to—
(a)work of a particular nature,
(b)work with a particular level of remuneration,
(c)work in particular locations, or
(d)work available for a certain number of hours per week or at particular times,
and may be indefinite or for a particular period.
(5)Regulations may for the purposes of paragraph (2) define what is meant by able and willing immediately to take up work.
Article 8FImposition of work-related requirements#
(1)The Department must, except in prescribed circumstances, impose on a claimant—
(a)a work search requirement, and
(b)a work availability requirement.
(2)The Department may, subject to this Order, impose either or both of the following on a claimant—
(a)a work-focused interview requirement;
(b)a work preparation requirement.
Article 8GConnected requirements#
(1)The Department may require a claimant to participate in an interview for any purpose relating to—
(a)the imposition of a work-related requirement on the claimant;
(b)verifying the claimant's compliance with a work-related requirement;
(c)assisting the claimant to comply with a work-related requirement.
(2)The Department may specify how, when and where such an interview is to take place.
(3)The Department may, for the purpose of verifying the claimant's compliance with a work-related requirement, require a claimant to—
(a)provide to the Department information and evidence specified by the Department in a manner so specified;
(b)confirm compliance in a manner so specified.
(4)The Department may require a claimant to report to the Department any specified changes in the claimant's circumstances which are relevant to—
(a)the imposition of work-related requirements on the claimant;
(b)the claimant's compliance with a work-related requirement.
Article 8HImposition of work-related and connected requirements: supplementary#
(1)Regulations may make provision—
(a)where the Department may impose a requirement under the preceding provisions, as to when the requirement must or must not be imposed;
(b)where the Department may specify any action to be taken in relation to a requirement under the preceding provisions, as to what action must or must not be specified;
(c)where the Department may specify any other matter in relation to such a requirement, as to what must or must not be specified in respect of that matter.
(2)Where the Department may impose a work-focused interview requirement, the Department must have regard to such matters as may be prescribed.
(3)Where the Department may specify a particular action under Article 8C(1) or 8D(1)(b), the Department must have regard to such matters as may be prescribed.
(4)Where the Department may impose a requirement under the preceding provisions, the Department may revoke or change what has been imposed or specified.
(5)Where the Department may specify any action to be taken in relation to a requirement imposed under the preceding provisions, the Department may revoke or change what has been specified.
(6)Notification of a requirement imposed under the preceding provisions (or any change to or revocation of such a requirement) is, if not included in the claimant commitment, to be in such manner as the Department may determine.
(7)Regulations must make provision to secure that, in prescribed circumstances, where a claimant has recently been a victim of domestic violence—
(a)a requirement imposed on the claimant under the preceding provisions ceases to have effect for a period of 13 weeks, and
(b)the Department may not impose any other requirement on the claimant during that period.
(8)For the purposes of paragraph (7)—
(a)“domestic violence” has such meaning as may be prescribed;
(b)“victim of domestic violence” means a person on or against whom domestic violence is inflicted or threatened (and regulations under paragraph (7) may prescribe circumstances in which a person is to be treated as being or not being a victim of domestic violence);
(c)a person has recently been a victim of domestic violence if a prescribed period has not expired since the violence was inflicted or threatened.
Article 8ICompliance with work-related and connected requirements#
Regulations may make provision as to circumstances in which a claimant is to be treated as having—
(a)complied with or not complied with any requirement imposed under the preceding provisions or any aspect of such a requirement, or
(b)taken or not taken any particular action specified by the Department in relation to such a requirement.
Article 8JHigher-level sanctions#
(1)The amount of an award of jobseeker's allowance is to be reduced in accordance with this Article in the event of a failure by a claimant which is sanctionable under this Article.
(2)It is a failure sanctionable under this Article if a claimant—
(a)fails for no good reason to comply with a requirement imposed under a work preparation requirement to undertake a work placement of a prescribed description;
(b)fails for no good reason to comply with a requirement imposed under a work search requirement to apply for a particular vacancy for paid work;
(c)fails for no good reason to comply with a work availability requirement by not taking up an offer of paid work;
(d)by reason of misconduct, or voluntarily and for no good reason, ceases paid work or loses pay.
(3)It is a failure sanctionable under this Article if, at any time before making the claim by reference to which the award is made, the claimant—
(a)for no good reason failed to take up an offer of paid work, or
(b)by reason of misconduct, or voluntarily and for no good reason, ceased paid work or lost pay.
(4)For the purposes of paragraphs (2) and (3) regulations may provide—
(a)for circumstances in which ceasing to work or losing pay is to be treated as occurring or not occurring by reason of misconduct or voluntarily;
(b)for loss of pay below a prescribed level to be disregarded.
(5)Regulations are to specify—
(a)the amount of a reduction under this Article;
(b)the period for which such a reduction has effect, not exceeding 18 months in relation to any failure sanctionable under this Article.
(6)Regulations under paragraph (5)(b) may in particular provide for the period of a reduction to depend on either or both of the following—
(a)the number of failures by the claimant sanctionable under this Article;
(b)the period between such failures.
(7)Regulations may provide—
(a)for cases in which no reduction is to be made under this Article;
(b)for a reduction under this Article made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;
(c)for the termination or suspension of a reduction under this Article.
Article 8KOther sanctions#
(1)The amount of an award of a jobseeker's allowance is to be reduced in accordance with this Article in the event of a failure by a claimant which is sanctionable under this Article.
(2)It is a failure sanctionable under this Article if a claimant—
(a)fails for no good reason to comply with a work-related requirement;
(b)fails for no good reason to comply with a requirement under Article 8G.
(3)But a failure by a claimant is not sanctionable under this Article if it is also a failure sanctionable under Article 8J.
(4)Regulations must specify—
(a)the amount of a reduction under this Article;
(b)the period for which such a reduction has effect.
(5)Regulations under paragraph (4)(b) may provide that a reduction under this Article in relation to any failure is to have effect for—
(a)a period continuing until the claimant meets a compliance condition specified by the Department,
(b)a fixed period not exceeding 26 weeks which is—
(i)specified in the regulations, or
(ii)determined in any case by the Department, or
(c)a combination of both.
(6)In paragraph (5)(a) “compliance condition” means—
(a)a condition that the failure ceases, or
(b)a condition relating to future compliance with a work-related requirement or a requirement under Article 8G.
(7)A compliance condition specified under paragraph (5)(a) may be—
(a)revoked or varied by the Department;
(b)notified to the claimant in such manner as the Department may determine.
(8)A period fixed under paragraph (5)(b) may in particular depend on either or both the following—
(a)the number of failures by the claimant sanctionable under this Article;
(b)the period between such failures.
(9)Regulations may provide—
(a)for cases in which no reduction is to be made under this Article;
(b)for a reduction under this Article made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;
(c)for the termination or suspension of a reduction under this Article.
Article 8LConcurrent exercise of certain functions by Department for Employment and Learning#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 8MDelegation and contracting out#
(1)The functions of the Department under Articles 8 to 8I may be exercised by, or by the employees of, such person as the Department may authorise for the purpose (an “authorised person”).
(2)An authorisation given by virtue of this Article may authorise the exercise of a function—
(a)wholly or to a limited extent;
(b)generally or in particular cases or areas;
(c)unconditionally or subject to conditions.
(3)An authorisation under this Article—
(a)may specify its duration;
(b)may be varied or revoked at any time by the Department;
(c)does not prevent the Department or another person from exercising the function to which the authorisation relates.
(4)Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Department or (as the case may be) an officer of the Department.
(5)Paragraph (4) does not apply—
(a)for the purposes of so much of any contract made between the authorised person and the Department as relates to the exercise of the function, or
(b)for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).
(6)Where—
(a)the authorisation of an authorised person is revoked, and
(b)at the time of the revocation so much of any contract made between the authorised person and the Department as relates to the exercise of the function is subsisting,
the authorised person is entitled to treat the contract as repudiated by the Department (and not as frustrated by reason of the revocation).
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 9Actively seeking employment#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(3)If the porcine product is an animal by-product or derived product, it must—
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(6)Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—
(7)The reference in paragraph (6)(a) to an offence (“offence A”) includes—
(8)For the purposes of this Article—• “employment” means employed earner's employment or, in prescribed circumstances—(a) self-employed earner's employment; or(b) employed earner's employment and self-employed earner's employment; and “employed earner's employment” and• “self-employed earner's employment” have the same meanings as in the Benefits Act.
Article 10Attendance, information and evidence#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(1A)Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 24(2) to (4).
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(a)
(ca)to whom sub-paragraph (c) applied, claims an employment and support allowance and it is subsequently determined that he is entitled to that benefit, and this entitlement is linked to a previous period of entitlement by virtue of regulation 145(1) of the Employment and Support Allowance Regulations (linking rules);
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
(2A)In paragraph (2), “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.
(3)If the porcine product is an animal by-product or derived product, it must—
Article 11The jobseeker's agreement#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(3)If the porcine product is an animal by-product or derived product, it must—
(3A)If a member dies before repayment of contributions have been made, these shall be treated as a lump sum death benefit for the purposes of section 168 of the Finance Act 2004.
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
(6)Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—
(a)
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(7)The reference in paragraph (6)(a) to an offence (“offence A”) includes—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(8)A reference in paragraph (6) or , (7)(a) to (e) or (7A) to an offence (“offence B”) includes—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(9)Where a person making a surrender under regulation D14—
references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.
(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—
(11)
(12)The Committee must notify the Commissioners of Inland Revenue of the admission of an admission body within the time prescribed in regulations made under section 605 of the Taxes Act and provide such information as may be so prescribed.
(13)Any question which may arise between the Committee and any other party to an admission agreement relating to the construction of the agreement or to the rights and obligations under that agreement shall be referred in writing for determination to the Department.
Article 12Variation of jobseeker's agreement#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(2A)In paragraph (2), “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.
(3)If the porcine product is an animal by-product or derived product, it must—
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
(a)
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(6)Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(c)in paragraph (h)—
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(7)The reference in paragraph (6)(a) to an offence (“offence A”) includes—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(8)A reference in paragraph (6) or , (7)(a) to (e) or (7A) to an offence (“offence B”) includes—
Article 13Jobseeker's agreement: reviews and appeals#
(1)Any determination of, or direction given by, an adjudication officer under Article 11 or 12 may be reviewed (by a different adjudication officer) on the application of the claimant or of an employment officer.
(2)Regulations may make provision with respect to the procedure to be followed on a review under this Article.
(3)The claimant may appeal to a social security appeal tribunal against any determination of, or direction given by, an adjudication officer on a review under this Article.
(4)A social security appeal tribunal determining an appeal under this Article may give a direction of a kind which an adjudication officer may give under Article 11(7)(b) or (c) or (as the case may be) Article 12(6)(b) or (d).
(5)Where a social security appeal tribunal gives a direction under paragraph (4) of a kind which may be given by an adjudication officer under Article 12(6)(b)(ii), an adjudication officer may bring the job seeker's agreement to an end if the claimant fails to comply with the direction within a prescribed period.
(6)An appropriate person may, on the ground that it was erroneous in point of law, appeal to a Commissioner against the decision of a social security appeal tribunal on an appeal under this Article.
(7)Any of the following is an appropriate person for the purposes of paragraph (6)—
(a)the claimant;
(b)an adjudication officer;
(c)in prescribed circumstances, a trade union;
(d)in prescribed circumstances, any other association which exists to promote the interests and welfare of its members.
(8)Subsections (7) to (10) of section 21 of the Administration Act (appeals to Commissioners) shall apply in relation to appeals under this Article as they apply in relation to appeals under that section.
(9)In this Article "Commissioner" has the same meaning as in the Administration Act.
Miscellaneous
Article 22EContracting out#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
(3)If the porcine product is an animal by-product or derived product, it must—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(6)Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(7)The reference in paragraph (6)(a) to an offence (“offence A”) includes—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(8)A reference in paragraph (6) or , (7)(a) to (e) or (7A) to an offence (“offence B”) includes—
(9)Where a person making a surrender under regulation D14—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.
(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—
(11)
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(12)The Committee must notify the Commissioners of Inland Revenue of the admission of an admission body within the time prescribed in regulations made under section 605 of the Taxes Act and provide such information as may be so prescribed.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
Article 23Supplementary provisions#
Further provisions in relation to a jobseeker's allowance are set out in Schedule 1.
Article 24Members of the forces#
(1)Regulations may modify any provision of this Order, in such manner as the Secretary of State thinks proper, in its application to persons who are or have been members of Her Majesty's forces.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(3)For the purposes of this Article, Her Majesty's forces shall be taken to consist of such establishments and organisations in which persons serve under the control of the Defence Council as may be prescribed by regulations made by the Secretary of State.
(4)The power to make regulations under this Article is exercisable by statutory instrument.
Article 25Recovery of sums in respect of maintenance#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(3)If the porcine product is an animal by-product or derived product, it must—
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
Article 26Effect of alteration of rates#
In the Administration Act, insert after section 139—“139A 1 This section applies where—a an award of a jobseeker's allowance is in force in favour of any person ( “the recipient”); andb an alteration—i in any component of the allowance, orii in the recipient's benefit income, affects the amount of the jobseeker's allowance to which he is entitled.2 Subsection (3) applies where, as a result of the alteration, the amount of the jobseeker's allowance to which the recipient is entitled is increased or reduced.3 As from the commencing date, the amount of the jobseeker's allowance payable to or for the recipient under the award shall be the increased or reduced amount, without any further decision of an adjudication officer, and the award shall have effect accordingly.4 In any case where—a here is an alteration of a kind mentioned in subsection (1)(b); andb before the commencing date (but after that date is fixed) an award of a jobseeker's allowance is made in favour of a person,the award may provide for the jobseeker's allowance to be paid as from the commencing date, in which case the amount of the jobseeker's allowance shall be determined by reference to the components applicable on that date, or may provide for an amount determined by reference to the components applicable at the date of the award.5 In this section—• “alteration” means—(a) in relation to any component of a jobseeker's allowance, its alteration by or under any enactment; and(b) in relation to a person's benefit income, the alteration of any of the applicable sums by any enactment or by an order under section 132 above, to the extent that any such alteration affects the amount of the recipient's benefit income;• “applicable sums” has the same meaning as in section 139 above;• “benefit income”, in relation to a recipient, means so much of his income as consists of—(a) benefit under the Contributions and Benefits Act; or(b) a war disablement pension or war widow's pension;• “the commencing date” in relation to an alteration, means the date on which the alteration comes into operation in relation to the recipient;• “component”, in relation to a jobseeker's allowance, means any of the sums specified in regulations under the Jobseekers (Northern Ireland) Order 1995 which are relevant in calculating the amount payable by way of a jobseeker's allowance.”
Article 27Age increases#
In the Administration Act, insert after section 140—“140A 1 This section applies where—a an award of an income-based jobseeker's allowance is in force in favour of a person ( “the recipient”); andb a component has become applicable, or applicable at a particular rate, because he or some other person has reached a particular age ( “the qualifying age”).2 If, as a result of the recipient or other person reaching the qualifying age, the recipient becomes entitled to an income-based jobseeker's allowance of an increased amount, the amount payable to or for him under the award shall, as from the day on which he becomes so entitled, be that increased amount, without any further decision of an adjudication officer; and the award shall have effect accordingly.3 Subsection (2) above does not apply where, in consequence on the recipient or other person reaching the qualifying age, a question arises in relation to the recipient's entitlement to—a a benefit under the Contributions and Benefits Act; orb a jobseekers's allowance.4 Subsection (3)(b) above does not apply to the question—a whether the component concerned, or any other component, becomes or ceases to be applicable, or applicable at a particular rate, in the recipient's case; andb whether, in consequence, the amount of his income-based jobseeker's allowance falls to be varied.5 In this section “component”, in relation to a recipient and his jobseeker's allowances, means any of the amounts determined in accordance with regulations made under Article 6(5) of the Jobseekers (Northern Ireland) Order 1995.”
Denial of jobseeker's allowance
Article 21Higher-level sanctions#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
(e)FL No. “07.258” chemical name “6-Methyl-3-hepten-2-one”;
(3)If the porcine product is an animal by-product or derived product, it must—
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(6)Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(7)The reference in paragraph (6)(a) to an offence (“offence A”) includes—
Article 21AOther sanctions#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
(e)FL No. “07.258” chemical name “6-Methyl-3-hepten-2-one”;
(f)FL No. “10.034” chemical name “5,6-Dihydro-3,6-dimethylbenzofuran-2(4H)-one”;
(g)FL No. “10.036” chemical name “5,6,7,7a-Tetrahydro-3,6-dimethylbenzofuran-2(4H)-one”;
(3)If the porcine product is an animal by-product or derived product, it must—
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(c)in paragraph (h)—
(6)Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(7)The reference in paragraph (6)(a) to an offence (“offence A”) includes—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(8)A reference in paragraph (6) or , (7)(a) to (e) or (7A) to an offence (“offence B”) includes—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(9)Where a person making a surrender under regulation D14—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.
(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—
(11)
(a)
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
Article 21BClaimants ceasing to be available for employment etc.#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(3)If the porcine product is an animal by-product or derived product, it must—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
(6)Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(7)The reference in paragraph (6)(a) to an offence (“offence A”) includes—
(8)A reference in paragraph (6) or , (7)(a) to (e) or (7A) to an offence (“offence B”) includes—
Article 21CHardship payments#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
(e)FL No. “07.258” chemical name “6-Methyl-3-hepten-2-one”;
(f)FL No. “10.034” chemical name “5,6-Dihydro-3,6-dimethylbenzofuran-2(4H)-one”;
Article 22Exemptions from Article 21 and 21A#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(3)If the porcine product is an animal by-product or derived product, it must—
(4)In such circumstances as may be prescribed, an income-based jobseeker's allowance shall be payable in respect of a claimant even though Article 21 prevents payment of a jobseeker's allowance to him.
(5)A jobseeker's allowance shall be payable by virtue of paragraph (4) only if the claimant has complied with such requirements as to the provision of information as may be prescribed for the purposes of this paragraph.
(6)Regulations under paragraph (4) may, in particular, provide for a jobseeker's allowance payable by virtue of that paragraph to be—
(a)payable at a prescribed rate;
(b)payable for a prescribed period (which may differ from the period fixed under Article 21(2) or (3)).
(7)The reference in paragraph (6)(a) to an offence (“offence A”) includes—
(8)A reference in paragraph (6) or , (7)(a) to (e) or (7A) to an offence (“offence B”) includes—
Article 22ADenial or reduction of joint-claim jobseeker's allowance#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 22BExemptions from Article 22A#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Income and Capital
Article 14Income and capital: general#
(1)In relation to a claim for a jobseeker's allowance, the income and capital of a person shall be calculated or estimated in such manner as may be prescribed.
(2)A person's income in respect of a week shall be calculated in accordance with prescribed rules.
(3)The rules may provide for the calculation to be made by reference to an average over a period (which need not include the week concerned).
(4)Circumstances may be prescribed in which—
(a)a person is treated as possessing capital or income which he does not possess;
(b)capital or income which a person does possess is to be disregarded;
(c)income is to be treated as capital;
(d)capital is to be treated as income;
Article 15Income and capital: income-based jobseeker's allowance#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(2A)In paragraph (2), “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.
(2B)The maximum a person may specify under paragraph (2) in respect of each employment for which he makes such an election is 50 per cent of the remuneration of that employment or an amount equal to 50 per cent of the remuneration of that employment.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(3)If the porcine product is an animal by-product or derived product, it must—
Persons under 18
Article 18Severe hardship#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(a)
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(iii)a child accepted by the deceased as a member of the family.
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(3)If the porcine product is an animal by-product or derived product, it must—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(c)in paragraph (h)—
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
Article 19Reduced payments#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(1A)Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 24(2) to (4).
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(3)If the porcine product is an animal by-product or derived product, it must—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
20Recovery of overpayments#
In the Administration Act, insert after section 69—“69A 1 Where—a a severe hardship direction is revoked; andb it is determined by an adjudication officer that—i whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact; andii 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—(a) if the revocation is under Article 18(3)(a) of that Order, the period beginning with the date of the change of circumstances and ending with the date of the revocation; and(b) if the revocation is under Article 18(3)(b) or (c) of that Order, the period during which the direction was in force.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; andb 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.”
Trade disputes
Article 16Trade disputes#
(1)Where—
(a)there is a stoppage of work which causes a person not to be employed on any day, and
(b)the stoppage is due to a trade dispute at his place of work,
that person, is not entitled to a jobseeker's allowance for the week which includes that day unless he proves that he is not directly interested in the dispute.
(2)A person who withdraws his labour on any day in furtherance of a trade dispute, but to whom paragraph (1) does not apply, is not entitled to a jobseeker's allowance for the week which includes that day.
(3)If a person who is prevented by paragraph (1) from being entitled to a jobseeker's allowance proves that during the stoppage—
(a)he became bona fide employed elsewhere;
(b)his employment was terminated by reason of redundancy within the meaning of Article 174(1) of the Employment Rights (Northern Ireland) Order 1996, or
(c)he bona fide resumed employment with his employer but subsequently left for a reason other than the trade dispute,
paragraph (1) shall be taken to have ceased to apply to him on the occurrence of the event referred to in sub-paragraph (a) or (b) or (as the case may be) the first event referred to in sub-paragraph (c).
(4)In this Article “place of work”, in relation to any person, means the premises or place at which he was employed.
(5)Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of paragraph (4), be deemed to be separate premises or (as the case may be) a separate place.
Article 17Effect on other claimants#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(3)If the porcine product is an animal by-product or derived product, it must—
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
(6)Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—
(7)The reference in paragraph (6)(a) to an offence (“offence A”) includes—
(8)A reference in paragraph (6) or , (7)(a) to (e) or (7A) to an offence (“offence B”) includes—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(9)Where a person making a surrender under regulation D14—
references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.
(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—
Article 17ATrade disputes: joint-claim couples#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(3)If the porcine product is an animal by-product or derived product, it must—
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
Violent conduct etc. in connection with claim
Article 22CSanctions for violent conduct etc. in connection with claim#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 22DArticle 22C: supplementary#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Work for your benefit” schemes etc.
Article 19ASchemes for assisting persons to obtain employment: “work for your benefit” schemes etc.#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(3)If the porcine product is an animal by-product or derived product, it must—
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
(e)FL No. “07.258” chemical name “6-Methyl-3-hepten-2-one”;
(f)FL No. “10.034” chemical name “5,6-Dihydro-3,6-dimethylbenzofuran-2(4H)-one”;
(6)Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—
(7)The reference in paragraph (6)(a) to an offence (“offence A”) includes—
(8)A reference in paragraph (6) or , (7)(a) to (e) or (7A) to an offence (“offence B”) includes—
(9)Where a person making a surrender under regulation D14—
references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.
(10)In this Article—• “claimant”, in relation to a joint-claim couple claiming a joint-claim jobseeker's allowance, means either or both of the members of the couple;• “the jobseeking conditions” means the conditions set out in Article 3(2)(a) to (c);• “participant”, in relation to any time, means any person who is required at that time to participate in a scheme within paragraph (1).
Article 19BArticle 19A: supplemental#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
(e)FL No. “07.258” chemical name “6-Methyl-3-hepten-2-one”;
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(3)If the porcine product is an animal by-product or derived product, it must—
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
20Recovery of overpayments#
In the Administration Act, insert after section 69—“69A 1 Where—a a severe hardship direction is revoked; andb it is determined by an adjudication officer that—i whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact; andii 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—(a) if the revocation is under Article 18(3)(a) of that Order, the period beginning with the date of the change of circumstances and ending with the date of the revocation; and(b) if the revocation is under Article 18(3)(b) or (c) of that Order, the period during which the direction was in force.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; andb 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.”
Part III · Back to Work Schemes
Article 28The back to work bonus#
(1)For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
(3)If the porcine product is an animal by-product or derived product, it must—
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
(c)in paragraph (h)—
(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;
(e)FL No. “07.258” chemical name “6-Methyl-3-hepten-2-one”;
(f)FL No. “10.034” chemical name “5,6-Dihydro-3,6-dimethylbenzofuran-2(4H)-one”;
(g)FL No. “10.036” chemical name “5,6,7,7a-Tetrahydro-3,6-dimethylbenzofuran-2(4H)-one”;
(h)FL No. “10.042” chemical name “3,4-Dimethyl-5-pentylidenefuran-2(5H)-one”;
(i)FL No. “10.043” chemical name “2,7-Dimethylocta-5(trans),7-dieno-1,4-lactone”;
(j)FL No. “10.046” chemical name “Hex-2-eno-1,4-lactone”;
(k)FL No. “10.054” chemical name “Non-2-eno-1,4-lactone”;
(i)after sub-paragraph (v), omit “or”;
(ii)is not a relevant sentence.
(l)FL No. “10.060” chemical name “2-Decen-1,4-lactone”;
Article 29Employment of long-term unemployed: deductions by employers#
(1)An employee is a “qualifying employee” in relation to his employer for the purposes of this Article if, immediately before beginning his employment with that employer, he had been entitled to a jobseeker's allowance for a continuous period of not less than two years.
(2)An employee is also a “qualifying employee” in relation to his employer for the purposes of this Article if—
(a)immediately before beginning his employment with that employer, he had been unemployed for a continuous period of not less than two years;
(b)he is under pensionable age; and
(c)he falls within a prescribed description of person.
(3)Regulations may make provision for any employer who employs a person who is a qualifying employee in relation to him, to make deductions from the employer's contributions payments in accordance with the regulations and in prescribed circumstances.
(4)Those regulations may, in particular, make provision as to the period for which deductions may be made by an employer.
(5)Regulations may provide, in relation to cases where an employer is a qualifying employee in relation to more than one employer at the same time, for the right to make deductions to be confined to one employer—
(a)determined in accordance with the regulations; and
(b)certified by the Commissioners of Inland Revenue Department, in accordance with the regulations, to be the employer entitled to make those deductions.
(6)Regulations may—
(a)provide that, in prescribed circumstances, a person who would not otherwise satisfy the condition in paragraph (1) is to be treated as satisfying it;
(b)provide that, in prescribed circumstances, a person who would not otherwise satisfy the condition in paragraph (2)(a) is to be treated as satisfying it;
(c)prescribe circumstances in which, for prescribed purposes, two or more employers are to be treated as one;
(d)make provision for the payment, in prescribed circumstances, by the Commissioners of Inland Revenue, of sums to employers who are unable to make the whole or part of any deductions which they are entitled to make;
(e)require persons to maintain such records in connection with deductions made by them as may be prescribed;
(f)require persons who have made deductions to furnish to the Commissioners of Inland Revenue such documents and information, at such time, as may be prescribed.
(7)Where, in accordance with any provision of regulations made under this Article, an amount has been deducted from an employer's contributions payments, the amount so deducted shall (except in such cases as may be prescribed) be treated for the purposes of any provision made by or under any enactment in relation to primary or secondary Class 1 contributions as having been—
(a)paid (on such date as may be determined in accordance with the regulations); and
(b)received by the Commissioners of Inland Revenue,
towards discharging the employer's liability in respect of such contributions.
(8)In this Article—
• “contributions payments”, in relation to an employer, means the aggregate of the payments which he is required to make by way of primary or secondary Class 1 contributions;• “deductions” means deductions made in accordance with regulations under paragraph (3);note. . . • “employee” and “employer” have such meaning as may be prescribed.• “prescribed” means specified in or determined in accordance with regulations;and• “regulations” means regulations made by the Treasury
Article 30Expedited claims for housing benefit#
(1)This Article provides for the making of regulations to enable priority to be given to certain persons with a view to claims for housing benefit made by or in respect of persons who cease to be entitled to a jobseekers's allowance or income support being dealt with quickly.
(2)In section 61 of the Administration Act (adjudication of claims for housing benefit), insert after subsection (2)—“2A Regulations may make provision requiring the Housing Executive, where claims for housing benefit are made to it by, or in respect of, persons how have been entitled to a jobseeker's allowance or to income support to give priority, in prescribed circumstances, to those claims over other claims for that benefit.”
Article 31Pilot schemes#
(1)Any regulations to which this paragraph applies may be made so as to have effect for a specified period not exceeding 36 months.
(2)Any regulations which, by virtue of paragraph (1), are to have effect for a limited period are referred to in this Article as “a pilot scheme”.
(3)A pilot scheme may provide that its provisions are to apply only in relation to—
(a)one or more specified areas or localities;
(b)one or more specified classes of person;
(4)A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.
(5)A pilot scheme ( “the previous scheme”) may be replaced by a further pilot scheme making the same, or similar, provision (apart from the specified period) to that made by the previous scheme.
(6)Subject to paragraph (8), paragraph (1) applies to—
(a)regulations made under this Order, other than—
(i)regulations made under Article 6(2) or (5) which have the effect of reducing any age-related amount or applicable amount; or
(ii)regulations made under Article 29;
(b)regulations made under the Administration Act, so far as they relate to a jobseekers's allowance;
(c)regulations made under Part VII of the Benefits Act (income-related benefits), other than any mentioned in paragraph (7); and
(d)regulations made under the Administration Act, so far as they relate to income-related benefits payable under Part VII of the Benefits Act.
(7)The regulations referred to in paragraph (6)(c) are—
(c)regulations under section 129(4) of that Act which have the effect of reducing the appropriate maximum housing benefit; and
(d)regulations reducing any of the sums prescribed under section 131(1) of that Act.
(8)Paragraph (1) applies only if the regulations are made with a view to testing the extent to which the provision made by the regulations is likely to promote—
(a)people remaining in work, or
(b)people obtaining or being able to obtain work (or more work or better-paid work).
Part IV · Miscellaneous and Supplemental
Article 32Termination of awards#
(1)Regulations may make provision allowing, in prescribed circumstances, an award of income support to be brought to an end bynote an adjudication officer where the person to whom it was made, or where he is a member of a couple his partner or the couple, will be entitled to a jobseeker's allowance if the award is brought to an end.
(2)Regulations may make provision allowing, in prescribed circumstances, an award of a jobseeker's allowance to be brought to an end bynote an adjudication officer where the person to whom it was made, or where he is a member of a couple his partner or where the award was made to a couple a member of the couple,, will be entitled to income support if the award is brought to an end.
Article 33Insolvency#
(1)In section 69 of the Administration Act (overpayments), after subsection (10) insert—“10A Where—a a jobseeker's allowance is payable to a person from whom any amount is recoverable as mentioned in subsection (8) above; andb that person is subject to a bankruptcy order,a sum deducted from that benefit under that subsection shall not be treated as income of his for the purposes of the Insolvency (Northern Ireland) Order 1989.”
(2)In section 74 of the Administration Act (recovery of social fund awards), after subsection (3) insert—“3A Where—a a jobseeker's allowance is payable to a person from whom an award is recoverable under subsection (3) above; andb that person is subject to a bankruptcy order, a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Insolvency (Northern Ireland) Order 1989.”
Article 35Offences#
Para.(1) rep. by 1997 NI 11• Paras. (2), (3) rep. by 2000 c. 4 (NI)• Para.(4) rep. by 1997 NI 11• Paras. (5)‐(7) rep. by 2000 c. 4 (NI)
Article 36Regulations and orders#
(1)Where any power under this Order to make regulations or orders is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.
(2)Any such power includes power—
(a)to make such incidental, supplemental, consequential or transitional provision as appears to the Department or Secretary of State or (in the case of regulations made by the Treasury) to the Treasury, to be expedient; and
(b)to provide for a person to exercise a discretion in dealing with any matter.
(2A)In paragraph (2), “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.
(3)Any power to make regulations or an order for the purposes of any provision of this Order is without prejudice to any power to make regulations or an order for the purposes of any other provision.
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(a)
(b)the combined weight of porcine products imported at any given time does not exceed 2 kg.
Article 37Assembly, etc. control#
(1)Paragraph (2) applies in relation to the following regulations (whether made alone or with other regulations)—
(a)regulations made under any provision of this Order other than—
(i)Article 8, 9, 28, 29, 31 or 39, or
(ii)paragraph (b) of the definition of “pension payments” in Article 2(2), or
(iii)paragraph 17 of Schedule 1, before the date on which jobseeker's allowances first become payable;
(b)the first regulations to be made under Article 28;
(c)regulations made under Article note... note..., 31, paragraph (b) of the definition of “pension payments” in Article 2(2) or paragraph 8B or 17 of Schedule 1.
(2)Regulations to which this paragraph applies shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.
(3)Regulations or orders made under this Order by the Department, other than orders made under Article 1(2), 10(3) 11(13) note or 21(10)(a) shall be subject to negative resolution.
(4)Regulations made under this Order by the Secretary of State or the Treasury shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Article 38General financial arrangements#
(1)There shall be paid out of the National Insurance Fund and into the Consolidated Fund sums estimated by the Department to balance payments made by it by way of contribution-based jobseeker's allowance.
(2)The Department shall pay into the National Insurance Fund sums estimated by it to balance sums recovered by it in connection with payments of contribution-based jobseeker's allowance.
(3)The Commissioners of Inland Revenue shall pay into the National Insurance Fund sums estimated by them to be equal to the aggregate of the amounts deducted by employers in accordance with regulations under Article 29.
(4)The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
(5)Estimates under this Article shall be made by the relevant authority
(a)in any manner which, after consulting the Government Actuary or the Deputy Government Actuary, the relevant authority consider appropriate and the Department of Finance and Personnel has approved; and
(b)at such times as the relevant authority consider appropriate and the Department of Finance and Personnel has approved.
(6)Payments which are required to be made by this Article shall be made at such times and in such manner as the relevant authority considers appropriate and the relevant financial authority has approved.
(7)In paragraphs (5) and (6) “the relevant authority” and “the relevant financial authority” means, respectively—
(a)in relation to any estimate or payment to be made by the Department, the Department and the Department of Finance and Personnel, or
(b)in relation to any estimate or payment to be made by the Commissioners of Inland Revenue, the Commissioners of Inland Revenue and the Treasury.
Article 39Transitional provisions#
(1)The Department or the Secretary of State may by regulations make such transitional provision, consequential provision or savings as it or he considers necessary or expedient for the purposes of or in connection with—
(a)the coming into operation of any provision of this Order; or
(b)the operation of any enactment repealed or amended by any such provision during any period when the repeal or amendment is not wholly in operation.
(2)Regulations under this Article may in particular make provision—
(a)for the termination or cancellation of awards of unemployment benefit or income support;
(b)for a person whose award of unemployment benefit or income support has been terminated or cancelled under regulations made by virtue of sub-paragraph (a) to be treated as having been awarded a jobseeker's allowance (a “transitional allowance”)—
(i)of such a kind,
(ii)for such period,
(iii)of such an amount, and
(iv)subject to such conditions,
as may be determined in accordance with the regulations;
(c)for a person's continuing entitlement to a transitional allowance to be determined by reference to such provision as may be made by the regulations;
(d)for the termination of an award of a transitional allowance,
(e)for the review of an award of a transitional allowance;
(f)for a contribution-based jobseeker's allowance not to be payable for a prescribed period where a person is disqualified for receiving unemployment benefit;
(g)that days which were days of unemployment for the purposes of entitlement to unemployment benefit, and such other days as may be prescribed, are to be treated as having been days during which a person was, or would have been, entitled to a jobseeker's allowance;
(h)that days which were days of entitlement to unemployment benefit, and such other days as may be prescribed, are to be treated as having been days of entitlement to a contribution-based jobseeker's allowance;
(i)that the rate of a contribution-based transitional allowance is to be calculated by reference to the rate of unemployment benefit paid or payable.
(3)The power of the Secretary of State to make regulations under this Article is exercisable by statutory instrument.
Schedule 1 · Supplementary Provisions
Remunerative work
(1)
(1)For the purposes of this Order, “remunerative work” has such meaning as may be prescribed.
(2)Regulations may prescribe circumstances in which, for the purposes of this Order—
Limited capability for work
(2)
(1)The question whether a person has, or does not have, limited capability for work shall be determined, for the purposes of this Order, in accordance with the provisions of Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance) or Part 2 of the Welfare Reform (Northern Ireland) Order 2015 as the Department considers appropriate in the person’s case .
(2)References in Part 1 of the Welfare Reform Act (Northern Ireland) 2007 to the purposes of that Part shall be construed, where the provisions of that Part have effect for the purposes of this Order, as references to the purposes of this Order.
(3)References in Part 2 of the Welfare Reform (Northern Ireland) Order 2015 to the purposes of that Part are to be construed, where the provisions of that Part have effect for the purposes of this Order, as references to the purposes of this Order.
Linking periods
(3)Regulations may provide—
(a)for jobseeking periods which are separated by not more than a prescribed number of weeks to be treated, for purposes of this Order, as one jobseeking period;
(b)for prescribed periods ( “linked periods”) to be linked, for purposes of this Order, to any jobseeking period.
Waiting days
(4)Except in prescribed circumstances, a person is not entitled to a jobseeker's allowance in respect of a prescribed number of days at the beginning of a jobseeking period.
Periods of less than a week
(5)Regulations may make provision in relation to—
(a)entitlement to a jobseeker's allowance, or
(b)the amount payable by way of such an allowance,
in respect of any period of less than a week.
Employment protection sums
(6)
(1)In relation to any contribution-based jobseeker's allowance, regulations may make provision—
(a)for any employment protection sum to be treated as earnings payable by such person, to such person and for such period as may be determined in accordance with the regulations; and
(b)for any such period, so far as it is not a period of employment, to be treated as a period of employment.
(2)In this paragraph “employment protection sum” means—
(a)any sum, or a prescribed part of any sum—
(i)payable, in respect of arrears of pay, under an order for reinstatement or re-engagement made under the Employment Rights (Northern Ireland) Order 1996;
(ii)payable, by way of pay, under an order made under that Order for the continuation of contract of employment;
(iii)payable, by way of remuneration, under a protective award made under Article 217 of that Order; and
(b)any prescribed sum which the regulations provide is to be treated as related to any sum within paragraph (a).
Pension payments
(7)Regulations may make provision, for the purposes of any provision of, or made under, this Order—
(a)for such sums by way of pension payments to be disregarded for prescribed purposes;
(b)as to the week in which any pension payments are to be treated as having begun;
(c)for treating, in a case where—
(i)a lump sum is paid to a person in connection with a former employment of his or arrangements are made for a lump sum to be so paid; or
(ii)benefits of any description are made available to a person in connection with a former employment of his or arrangements are made for them to be made so available; or
(iii)pension payments to a person are assigned, reduced or postponed or are made otherwise than weekly,
such payments as being made to that person by way of weekly pension payments as are specified in or determined under the regulations;
(d)for the method of determining whether pension payments are made to a person for any week and their amount.
Exemptions
(8)
(a)
(b)
(c)
(8A)
(1)
(2)
(3)
(a)
(b)
(8B)
(1)
(2)
(a)
(b)
(3)
(4)In this paragraph—• “domestic violence” has such meaning as may be prescribed;• “exempt period” means a period of 13 weeks beginning no later than a prescribed period after the date (or last date) on which the domestic violence was inflicted or threatened.
(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.
(9)
(a)
(b)
(c)
Continuity of claims and awards: persons ceasing to be a joint-claim couple
(9A)
(1)
(2)
(a)
(b)
Continuity of claims and awards: persons again becoming a joint-claim couple
(9B)
(1)
(2)
(a)
(b)
(c)
Continuity of claims and awards: couple becoming a joint-claim couple
(9C)
(1)
(2)
(a)
(b)
Paragraphs 9A to 9C: supplementary
(9D)
(1)
(a)
(b)
(2)In paragraphs 9A to 9C and this paragraph—• “award” means an award of a jobseeker's allowance;• “claim” means a claim for a jobseeker's allowance.
Claims yet to be determined and suspended payments
(10)
(1)
(a)
(b)
(c)
(2)
(a)
(b)
(c)
(3)
(4)
(a)
(b)
(c)
(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.
(a)
(b)
(c)
(6)Where any provision of the revoked instruments (“the replacement provision”) re-enacted, with or without modification, a previous provision revoked by the revoked instruments (“the previous provision”), then, so far as is necessary to prevent the continuity of the law from being affected, any reference in these regulations to the replacement provision shall, so far as the context permits, be construed as including a reference to that previous provision.
Presence in and absence from Northern Ireland
(11)
(1)Regulations may provide that in prescribed circumstances a claimant who is not in Northern Ireland may nevertheless be entitled to a contribution-based jobseeker's allowance.
(2)Regulations may make provision for the purposes of this Order as to the circumstances in which a person is to be treated as being or not being in Northern Ireland.
Households
(12)Regulations may make provision for the purposes of this Order as to the circumstances in which persons are to be treated as being or not being members of the same household.
Responsibility for another person
(13)Regulations may make provision for the purposes of this Order as to the circumstances in which one person is to be treated as responsible or not responsible for another.
Relevant education
(14)Regulations may make provision for the purposes of this Order—
(a)as to what is or is not to be treated as relevant education; and
(b)as to the circumstances in which a person is or is not to be treated as receiving relevant education.
Good reason for acts or omission
(14AA)For any purpose of this Order regulations may provide for—
(a)circumstances in which a person is to be treated as having or not having a good reason for an act or omission;
(b)matters which are or are not to be taken into account in determining whether a person has a good reason for an act or omission.
(14B)
(1)This paragraph applies to any regulations made under paragraph 14AA that prescribe matters to be taken into account in determining whether a person has a good reason for any act or omission (including any failure to comply with the regulations).
(2)The provision made by the regulations prescribing those matters must include provision relating to—
(a)the person's physical or mental health or condition;
(b)the availability of childcare.
Calculation of periods
(15)Regulations may make provision for calculating periods for any purpose of this Order.
Employment on ships, etc.
(16)
(1)Regulations may modify any provision of this Order in its application to any person who is, has been, or is to be—
(a)employed on board any ship, vessel, hovercraft or aircraft, or
(b)outside Northern Ireland at any prescribed time or in any prescribed circumstances,
so far as that provision relates to a contribution-based jobseeker's allowance.
(2)The regulations may in particular provide—
(a)for any such provision to apply even though it would not otherwise apply;
(b)for any such provision not to apply even though it would otherwise apply;
(c)for the taking of evidence, in a country or territory outside Northern Ireland, by a British consular official or other prescribed person;
(d)for enabling payment of the whole, or any part of a contribution-based jobseeker's allowance to be paid to such of the claimant's dependants as may be prescribed.
Additional conditions
(17)Regulations may require additional conditions to be satisfied with respect to the payment of a jobseeker's allowance to any person who is, has been, or is to be, in employment which falls within a prescribed description.
Benefits Act purposes
(18)Regulations may provide for—
(a)a jobseeker's allowance;
(b)
(c)
to be treated, for prescribed purposes of the Benefits Act, as a benefit, or a benefit of a prescribed description.
Contains public sector information licensed under the Open Government Licence v3.0.