Jobseeker Eligibility
Jobseeker’s Allowance and jobseekers
There is both Contribution-based Jobseekers Allowance and Income-based Jobseekers Allowance. The former is not means-tested, but income from part-time work or pension income can affect the amount of benefit.
Capital does not affect the benefit. Contribution-based Jobseekers Allowance is paid for up to 26 weeks in a benefit year. There is no test for habitual residence or the right to reside.
Income-based Jobseekers Allowance is means-tested. It is subject to a habitual test and right to reside test. Couples must make a joint claim for the benefit, and both must satisfy the entitlement criteria. There are common rules regarding seeking employment applicable to both.
Each benefit is for adults only. A person who has dependent children should also claim Child Tax Credit. If they already receive Child Tax Credit, they should notify a change in circumstances.
It is intended that Income-based Jobseekers Allowance would be replaced in the 2014 welfare reforms. There would be one single means-tested benefit as of summer 2014. Existing claimants may transition to Universal Credit. Existing claimants may move to Universal Credit in 2015 to 2017.
There are common requirements for Jobseekers Allowance. The applicant must be available for work, actively seeking work, have entered a jobseekers agreement, be capable of work, not be in full-time work, not be in relevant education, be under pensionable age, and be resident in Northern Ireland.
For Contribution-based Jobseekers Allowance, contribution conditions must be satisfied. For Means-tested Jobseekers Allowance, a means test must be satisfied.
Couples must make a joint claim. They will be required to attend a compulsory work-focused interview when partners claim Means-based Jobseekers Allowance.
A lone parent whose youngest child is seven cannot claim income support unless they fall within a specific category. They are expected to claim Jobseekers Allowance if capable of work or Employment Support Allowance if they have a limited capacity for work.
The requirement of availability for work must be to take up employment immediately. Voluntary workers or carers are allowed one week’s notice, 48 hours’ notice to attend an interview.
Most lone parents must be willing to take up employment on one week’s notice and attend an interview on 48 hours’ notice, unless their caring responsibilities make it unreasonable for them to do so. They may be allowed up to four weeks’ notice before having to take up a job and a week for attending an interview, but it must be shown that caring responsibilities make it otherwise unreasonable.
The claimant must be available for at least 40 hours a week and willing to accept work of at least 24 hours if offered. A carer may restrict their work to 16 hours per week, or as many as the caring responsibilities allow. A lone parent with children under 13 may restrict their hours to normal school hours but must be available for at least 16 hours per week.
A person may agree on a pattern of availability across the week, which will be encompassed in the jobseekers agreement. An applicant must place reasonable restrictions only on the nature, terms, and conditions of employment and locality. The level of remuneration can only be restricted within the first six months of the claim. Restrictions may be reasonable relative to the physical or mental condition.
A person may restrict their availability if they have caring responsibilities for a child under 16 or have to comply with parenting or antisocial behaviour orders. The restrictions must be reasonable in the circumstances. A person with childcare responsibilities may only need to be available for 16 hours a week if they refuse a job due to the lack of affordable or available childcare, subject to the discretion of the decision-maker.
In deciding whether a person has reasonable prospects of securing employment, account is taken of skills, qualifications, experience, the number of vacancies within traveling distance, job applications and outcomes, length of employment, and willingness to move.
For the first 13 weeks, an applicant may restrict availability for work to their usual occupation and/or usual pay. This is permitted and may be between one and 13 weeks, determined based on personal circumstances.
A person must be actively seeking work, taking at least three steps in each benefit week unless taking one or two steps is all that is reasonable. Steps may include obtaining information on employment agencies, applications, registering with an agency, seeking specialist advice, drawing up a CV, seeking references from previous employers, drawing up a list of employers, seeking information.
What steps are reasonable will depend on a person’s previous skills, physical and mental abilities, work experience, effectiveness of steps, time engaged in voluntary work, steps taken to find accommodation if they have nowhere to live.
Steps are disregarded if they have undermined their prospects, acted violently, or spoiled an application.
There are exceptions for persons laid off, working short time during holiday periods, during detention, or being required to attend court as a witness or juror.
A written jobseeker’s agreement must be entered into with an employer with the employment officer. A jobseeker’s agreement must include: name, availability for employment and pattern of availability, how quickly a person must be available for work, restrictions as to the type and location of employment, type of employment, steps required to be taken, starting and finishing dates for the permitted period, a statement of rights to have the jobseeker’s agreement referred to a decision maker, seek revision or supersession or determination of directions, and rights to appeal to an Appeal Tribunal against determination.
It must be signed by both the person and the employment officer. The employment officer must be satisfied that the agreement meets the availability and actively seeking work conditions. They may refer the matter to a decision maker for determination. The applicant may refer the matter to a decision maker if they consider the terms unreasonable. The decision maker must decide within fourteen days of reference unless this is impracticable.
There is a further appeal on a point of law. There is an appeal to a different decision, revision by a different decision maker. If the person is dissatisfied, they may appeal to an Appeal Tribunal. There is a further appeal on a point of law to the Social Security Commissioner. The agreement may be varied by agreement with the employment officer. The proposed variation can be referred to appeal in the same way as the original agreement.
An employment officer may give a jobseeker direction to undertake an activity that would help seek employment or improve prospects. The directions must be reasonable and must be designed to improve employability. They may require attending a course or taking additional steps. Failure to comply with a reasonable direction without good cause may result in a loss of benefits. There is no appeal against a direction, but there is an appeal against a loss of benefits based on the direction being unreasonable. The appeal is to an Appeal Tribunal.
The capability is determined through the tests for ESA, which determine whether a person has limited capacity due to physical or mental illness or disability. A person may place reasonable restrictions on their availability if necessary because of physical or mental problems.
A person may not receive JSA if they work for more than 16 hours a week, or if they and their partner work for more than 24 hours a week for remuneration. Remuneration does not include voluntary work, working on training schemes, auxiliary assistance in firefighting, Coast Guards, RIR or PSNI Reserve, councillor functions, full-time education, or work connected with it.