The Social Security (Contribution Conditions for Jobseeker’s Allowance and Employment and Support Allowance) Regulations (Northern Ireland) 2011

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the JSA Regulations”) and the Employment and Support Allowance Regulations (Northern Ireland) 2008 (“the ESA Regulations”) to make provision enabling certain spouses or civil partners of a member of Her Majesty’s forces to satisfy the first contribution condition in relation to claims for jobseeker’s allowance and employment and support allowance.

Regulation 2 amends the JSA Regulations by inserting a new regulation 45B.

Paragraph (1) of regulation 45B provides that a person who satisfies the condition in paragraph (2) will be taken to satisfy the first set of contribution conditions in Article 4 of the Jobseekers (Northern Ireland) Order 1995 if they have paid sufficient Class 1 contributions before the relevant benefit week in respect of any one tax year.

Paragraph (2) of regulation 45B provides that the conditions referred to in paragraph (1) are that a person must, in respect of any week during the last complete tax year preceding the relevant benefit year, be entitled to be credited with earnings in accordance with regulation 9E of the Social Security (Credits) Regulations (Northern Ireland) 1975. Under regulation 9E, a person will be entitled to such credits in respect of any week in which they were the spouse or civil partner of a member of Her Majesty’s forces (or treated as such by the Secretary of State for Defence for the purposes of occupying accommodation) and were accompanying their spouse or civil partner on an assignment outside the United Kingdom (or treated as such by the Secretary of State for Defence).

Regulation 3 amends the ESA Regulations by inserting a new paragraph (2)(ca) into regulation 8 of those Regulations. New sub-paragraph (ca) makes provision in relation to employment and support allowance for an equivalent easement to that contained in new regulation 45B of the JSA Regulations.

Article 4(3B)(a) of the Jobseekers (Northern Ireland) Order 1995 and paragraph 1(4)(a) of Schedule 1 to the Welfare Reform Act (Northern Ireland) 2007, the enabling provisions under which these Regulations are made, were inserted and amended respectively by sections 11(5) and 12(5) of the Welfare Reform Act (Northern Ireland) 2010. Sections 11(5) and 12(5)(a) and (b) were brought into operation on 16 December 2010 by virtue of the Welfare Reform (2010 Act) (Commencement No. 4) Order (Northern Ireland) 2011 ( S.R. 2011 No. 430 (C. 31) ).

As these Regulations are made by virtue of sections 11(5) and 12(5) of the Welfare Reform Act (Northern Ireland) 2010 and are made before the end of the period of 6 months from the commencement of those provisions, they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992, from prior reference to the Social Security Advisory Committee.