Jobseeker Conditions

Generally, a person in full-time education is not entitled to JSA. There are exceptions in respect of the following:

lone parents who are full-time students or a couple where both partners are full-time students and have dependent children under sixteen, or under nineteen in full-time education;

• Where a person is on an employment-related course, and participation was approved by an employment officer. Payment is made for a maximum of two weeks and for only one such course in twelve months;
• where a person is waiting to go back to a course, having taken time out of a course approved by the relevant institution due to illness or caring responsibility and is not eligible for a grant or loan for the period;
• Where a person is participating in a Venture Trust program. Payment may be for up to four weeks. Postgraduate students working on thesis or dissertation may be entitled to JSA if they can otherwise prove they are available and seeking work and it does not interfere with looking for work.

A person must not be in relevant education and must be studying for twelve hours a week or less in non-advanced education and be available for work. Time spent on instruction, supervised study, exams, and practical work is included.

A person studying for more than 12 hours is deemed in relevant education and is excluded from JSA. A person in full-time education and training option under the New Deal is not treated as relevant education.

A person who leaves a course of relevant education is not entitled to JSA until the first week after the end of the holiday term after departure.Part-time students may be able to claim JSA.

A person must be under pensionable age to claim JSA. This is age 65. Prior to 2010, it was 60 for women. As of 2018, it will be 65 for men and women.

A person must be ordinarily resident in Northern Ireland. A person may be paid during temporary absences for: Treatment; Up to four weeks provided he satisfies the condition of availability for work; Up to eight weeks if taking a child abroad for treatment; Up to seven days if attending a job interview; Up to three months if unemployed and looking for work in another EEA state.

A person may claim contributory payments for up to three months while looking for work in another state. He must register as an employee for at least four weeks before leaving Northern Ireland and then register in the second EE state within seven days of arrival.

A person may claim contributory JSA if he has paid national insurance payments or is credited. The contributions are not paid on earnings below the lower earnings limit. Below the LEL and the primary threshold, a person is deemed to have made requisite national insurance contributions. Earnings above the primary threshold require payment of contributions.

Contributions must be paid or contributed in the previous two contribution years. These are the years completed before the start of the year in which the claim is made. The years run from 5 April. The person must have actually paid contributions 26 times the LEL in one of the last two years.

The LEL is expressed as a weekly threshold. A person must have worked a minimum of 26 weeks during the last two complete tax years. They may work longer than 26 weeks. There are certain relaxation conditions applicable when a person was entitled to Carer’s Allowance or worked with limited capacity for work.

The second condition is that the person must have paid or been credited with contributions of 50 times the LEL in the previous two contribution years.

A person may claim JSA(C) if working less than sixteen hours and earning less than the prescribed amount. This is related to the person’s relative age, amount of JSA, and the relevant earnings disregard.

A person is not entitled to JSA if involved in a stoppage of work due to a trade dispute unless they prove they are not interested in the dispute.

There is a basic rate of allowance dependent on age, depending on whether one is under 25 or over 25. A person may claim JSA for themselves only.

JSA(C) is reduced by certain occupational pension schemes and personal pensions over £50 a week, irrespective of age. £5 per week of earnings is disregarded. Earnings of a partner are disregarded.

There is a waiting period of three days for JSA unless the claim is linked to a previous claim.

JSA is payable for a maximum of six months. The person may not re-qualify based on the same contributions year. They must wait until the beginning of a new benefit year before they may claim again.

Income-based JSA may be payable to a person who is 16 or 17 upwards and complies with various rules. Generally, it is payable to a person who is 18 and exceptionally in cases of severe hardship for a person who is 16 or 17 and upwards. Persons under 16 may never claim in their own right. A 16 or 17-year-old who qualifies for income support may choose to register as available for work and claim JSA(IB) in cases of hardship.

The person must not have capital in excess of £16,000. The person’s home is not normally considered capital. Certain personal possessions, other than those which are investments, are disregarded. A person is treated as having capital when they deprive themselves of capital to qualify.

A person must not be in remunerative employment for 16 hours a week or more, or their partner must not work 24 hours a week or more. They must not be claiming ESA or Pension Credit.

A person must be a resident in the United Kingdom, present in the United Kingdom, and habitually resident in the United Kingdom, Republic of Ireland, or Channel Islands/Isle of Man. They must be habitually resident in the Common Travel Area as above for at least three months.

Persons treated as habitually resident include persons treated as workers or self-employed persons under European Union EEA rights and their dependants; refugees; or persons who have been granted new forms of leave outside of the immigration rules on humanitarian and discretionary grounds. There are restrictions on Croatian nationals until 2018. Former restrictions on Bulgarian and Romanian nationals ceased on 1 January 2014.

The habitual residence requires that the person has a right to reside in the Common Travel Area and must live there for three months. The person must not be subject to immigration control. Such a person is a person who requires leave to enter or remain but does not have it. Has leave to enter or remain on condition but does not have recourse to housing funds, including public funds, and Housing Benefit; has leave to enter or remain and is subject to a formal undertaking; is appealing a decision regarding immigration status.

Most child maintenance is ignored completely.