The Income-Related Benefits and Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1997

Statutory Rules of Northern Ireland

1997 No. 331

HOUSING; RATES; SOCIAL SECURITY

The Income-Related Benefits and Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1997

Made

10th July 1997

Coming into operation

18th August 1997

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 122(1), 132(3), (4)(b) and (c) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and Articles 14(1) and (4)(b) and (c) and 36 of the Jobseekers (Northern Ireland) Order 1995(2) and of all other powers enabling it in that behalf, with the consent of the Department of the Environment for Northern Ireland(3) in so far as relates to regulations 2(1) and (2)(b) and 3(1) and (2)(b) of these Regulations, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(4), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Income-Related Benefits and Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 18th August 1997.

(2) In these Regulations—

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(5);

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(6);

“the Family Credit Regulations” means the Family Credit (General) Regulations (Northern Ireland) 1987(7);

“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations (Northern Ireland) 1992(8);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(9).

(3) The Interpretation Act (Northern Ireland) 1954(10) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Income Support, Housing Benefit, Family Credit, Disability Working Allowance and Jobseeker’s Allowance: interpretation

2.—(1) In each of the provisions specified in paragraph (2) there shall be inserted the following definition in the appropriate place—

• “ “the Children Order” means the Children (Northern Ireland) Order 1995;”.

(2) The provisions referred to in paragraph (1) are—

(a) regulation 2(1) of the Income Support Regulations (interpretation);

(b) regulation 2(1) of the Housing Benefit Regulations (interpretation);

(c) regulation 2(1) of the Family Credit Regulations (interpretation);

(d) regulation 2 of the Disability Working Allowance Regulations (interpretation);

(e) regulation 1(2) of the Jobseeker’s Allowance Regulations (interpretation).

Income Support, Housing Benefit, Family Credit, Disability Working Allowance and Jobseeker’s Allowance: sums to be disregarded in the calculation of income other than earnings

3.—(1) In each of the provisions specified in paragraph (2), for head (c) there shall be substituted the following heads—

“(c) which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, the Children Order (contribution by an authority to child’s maintenance);

(d) which is a payment made by a local authority, as defined in section 107 of the Children Act 1975(11), in pursuance of section 50 of the Children Act 1975 (contributions to a custodian towards the cost of the accommodation and maintenance of a child);

(e) which is a payment made by a local authority, as defined in section 105 of the Children Act 1989(12), in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order),”.

(2) The provisions referred to in paragraph (1) are—

(a) paragraph 25(1)(13) of Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings);

(b) paragraph 25(1)(14) of Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings);

(c) paragraph 22(1)(15) of Schedule 2 to the Family Credit Regulations (sums to be disregarded in the calculation of income other than earnings);

(d) paragraph 22(1) of Schedule 3 to the Disability Working Allowance Regulations (sums to be disregarded in the calculation of income other than earnings);

(e) paragraph 26(1) of Schedule 6 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings).

(3) In Schedule 3 to the Disability Working Allowance Regulations in paragraph 22(1) at the end of head (b) “or” shall be omitted.

Income Support and Jobseeker’s Allowance: income treated as capital

4.—(1) In each of the provisions specified in paragraph (2), for paragraph (8) there shall be substituted the following paragraph—

“(8) Any payment made by an authority, as defined in Article 2 of the Children Order, which represents arrears of payments under Article 15 of, and paragraph 17 of Schedule 1 to, the Children Order (contribution by an authority to child’s maintenance) or any payment made by a local authority, as defined in section 107 of the Children Act 1975, which represents arrears of payments under section 50 of the Children Act 1975 (contributions to a custodian towards the cost of accommodation and maintenance of a child) or any payment made by a local authority, as defined in section 105 of the Children Act 1989, which represents arrears of payments under paragraph 15 of Schedule 1 to the Children Act 1989 (power of a local authority to make contributions to a person with whom a child lives as a result of a residence order) shall be treated as capital.”.

(2) The provisions referred to in paragraph (1) are—

(a) regulation 48 of the Income Support Regulations (income treated as capital);

(b) regulation 110 of the Jobseeker’s Allowance Regulations (income treated as capital).

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

John O'Neill

Assistant Secretary

10th July 1997.

The Department of the Environment for Northern Ireland hereby consents to regulations 2(1) and (2)(b) and 3(1) and (2)(b) of the foregoing Regulations.

Sealed with the Official Seal of the Department of the Environment for Northern Ireland on

L.S.

Cynthia D. Doake

Assistant Secretary

11th July 1997.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Family Credit (General) Regulations (Northern Ireland) 1987, the Disability Working Allowance (General) Regulations (Northern Ireland) 1992 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 to provide for the partial disregard of contributions made by an authority to a child’s maintenance under Article 15 of, and paragraph 17 of Schedule 1 to, the Children (Northern Ireland) Order 1995 and, for income support and jobseeker’s allowance, provide for the treatment of arrears of such contributions as capital.

(1)

1992 c. 7

(2)

S.I. 1995/2705 (N.I. 15)

(3)

See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8))

(4)

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

(5)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1989 No. 366

(6)

S.R. 1987 No. 461; relevant amending Regulations are S.R. 1989 No. 366

(7)

S.R. 1987 No. 463; relevant amending Regulations are S.R. 1989 No. 366

(8)

S.R. 1992 No. 78, to which there are amendments not relevant to these Regulations

(9)

S.R. 1996 No. 198, to which there are amendments not relevant to these Regulations

(10)

1954 c. 33 (N.I.)

(11)

1975 c. 72

(12)

1989 c. 41

(13)

Paragraph 25(1) was substituted by regulation 4 of S.R. 1989 No. 366

(14)

Paragraph 25(1) was substituted by regulation 3 of S.R. 1989 No. 366

(15)

Paragraph 22(1) was substituted by regulation 2 of S.R. 1989 No. 366