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Forum Home  →  Discussion  →  Conditionality and sanctions  →  Thread

JSA and safeguarding of children Reg (not carried across to UC)

Advice NI
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Hi all, wrecking my head, can someone source for me please the JSA Reg that sought to safeguard children - a decision maker had to be mindful of the impact on children before they made any decision (eg sanctions) ... I know there was one, I know it was not carried cross into UC, but for the life of me cannot source it ... any help gratefully received, many thanks, Kevin

Advice NI
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Found it ... Northern Ireland’s social security legislation had in the past included regulations which made the provision that “in preparing a jobseeker’s agreement for a claimant, the officer must have regard (so far as practicable) to its impact on the well-being of any child who may be affected by it.”

Jobseeker’s Allowance (Lone Parents) (Availability for Work) Regulations (Northern Ireland) 2010 which included the provision that “In preparing a jobseeker’s agreement for a claimant, the officer must have regard (so far as practicable) to its impact on the well-being of any child who may be affected by it.”
http://www.legislation.gov.uk/nia/2010/13/contents, and in particular
http://www.legislation.gov.uk/nia/2010/13/section/25 (which is the relevant section).

Unfortunately this not carried forward into Universal Credit Regs ... our Department for Communities had told us:

“Under Universal Credit the claimant commitment will be personalised to the individual claimant and any work related requirements will be tailored to the claimant’s capability and circumstances, including matters relating to the well-being of children. Through discussions with the claimant work coaches will be able to understand the individual’s caring responsibilities for their child and will have full discretion to tailor requirements which are reasonable and they are able to meet them as a result.

Rather than prescribe only that the claimant commitments must contain information relating to the well-being of children, the Universal Credit Regulations (NI) 2016 (copy attached above) make clear the circumstances in which requirements should be limited, or lifted entirely, for a temporary period. For example, Regulations 96 and 97 provide for suspension of requirements where children may be in distress. These reasonable requirements, including any limiting or lifting and the reasons, will be recorded in the claimant commitment.”