The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1997

Explanatory Note

(This note is not part of the Regulations.)

These Regulations primarily amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, the Jobseeker’s Allowance (Transitional Provisions) (No. 2) Regulations (Northern Ireland) 1996 and the Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 1996 by both correcting a number of technical errors (regulations 5, 6 and 7) and making certain other amendments. In particular, those amendments—

(a) clarify what constitutes good cause for the purpose of any sanction imposed under the Jobseekers (Northern Ireland) Order 1995 (regulation 5(4) and (5));

(b) allow any pension payments made to a jobseeker as a result of the death of a person who was a member of a pension scheme, to be disregarded in the calculation of a contribution-based jobseeker’s allowance (regulation 5(7));

(c) provide that payments under the Iron and Steel Employees Re-adaptation Benefits Scheme should not be treated as earnings or as a compensation payment for jobseeker’s allowance purposes (regulation 5(10));

(d) provide that an income support claimant’s earnings should count towards a Back to Work Bonus if they are involved in a trade dispute and become incapable of work or enter their maternity pay period (regulation 7(3));

(e) clarify the formula whereby days of unemployment benefit count as days of entitlement to a contribution-based jobseeker’s allowance at the end of a transitionally protected period; and provide that the formula should not be used where a new award of contribution-based jobseeker’s allowance which is transitionally protected is based on the same tax years as a previous non-linking award of unemployment benefit (regulation 6(3)).

• Regulation 2 amends a technical error in the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978 which also relates to jobseeker’s allowance paid during the transitional period.

• Regulation 3 amends the Social Security (General Benefit) Regulations (Northern Ireland) 1984 by omitting certain provisions which are now rendered otiose with the introduction of contribution-based jobseeker’s allowance.

• Regulation 4 amends the Income Support (General) Regulations (Northern Ireland) 1987 by providing similar amendments in relation to income support to those made in relation to jobseeker’s allowance by regulation 5(10) of these Regulations.

• Regulation 8 amends the Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996 by making minor textual amendments.

• Regulation 9 revokes the Social Security (General Benefit) (Amendment) Regulations (Northern Ireland) 1984.

• Regulations 2 to 7 and 9 make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Education and Employment and the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

• Regulation 8 is made under Article 4 of the Child Support (Northern Ireland) Order 1995 (“the 1995 Order”) which came into operation on 16th October 1996 by virtue of the Child Support (1995 Order) (Commencement No. 3) Order (Northern Ireland) 1996 (S.R. 1996 No. 429 (C. 24)). Section 149(5) of the Social Security Administration (Northern Ireland) Act 1992 which relates to the Social Security Advisory Committee, is applied to Article 4 of the 1995 Order by virtue of the amendment made to section 149(5) by paragraph 16 of Schedule 3 to the 1995 Order. The regulation is made within 6 months of the coming into operation of Article 4 and accordingly is exempt, by virtue of section 150(5)(a) of the Social Security Administration (Northern Ireland) Act 1992, from reference to the Social Security Advisory Committee.