The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1998

Further amendments of the Income Support Regulations and the Jobseeker’s Allowance Regulations

12.—(1) In regulation 72 of the Income Support Regulations (assessment of income and capital in urgent cases)—

(a) for sub-paragraph (a)(1) of paragraph (1) there shall be substituted the following sub-paragraph—

“(a) any income other than—

(i) a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds, or

(ii) income to which paragraph 5, 7 (but only to the extent that a concessionary payment would be due under that paragraph for any non-payment of income support under regulation 70 or of jobseeker’s allowance under regulation 147 of the Jobseeker’s Allowance Regulations (urgent cases)), 31, 39(2), (3) or (4), 40, 42, 52 or 57 of Schedule 9 (disregard of income other than earnings) applies,

possessed or treated as possessed by him, shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;”, and

(b) in paragraph (2)(2) after “Housing Benefits (Northern Ireland) Order 1983” there shall be inserted “or any arrears of benefit due under regulation 70 or regulation 147 of the Jobseeker’s Allowance Regulations (urgent cases)”.

(2) In regulation 149 of the Jobseeker’s Allowance Regulations (assessment of income and capital in urgent cases)—

(a) for sub-paragraph (a) of paragraph (1) there shall be substituted the following sub-paragraph—

“(a) any income other than—

(i) a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds, or

(ii) income to which paragraph 6, 8 (but only to the extent that a concessionary payment would be due under that paragraph for any non-payment of jobseeker’s allowance under regulation 147 or of income support under regulation 70 of the Income Support Regulations (urgent cases)), 33, 41(2), (3) or (4) or 42 of Schedule 6 (disregard of income other than earnings) applies,

possessed or treated as possessed by him, shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;”, and

(b) in paragraph (2) after “Part VII of the Benefits Act” there shall be inserted “or any arrears of benefit due under regulation 147 or regulation 70 of the Income Support Regulations (urgent cases)”.

(1)

Sub-paragraph (a) was substituted by regulation 6 of S.R. 1988 No. 205 and relevant amending Regulations are S.R. 1988 No. 431, S.R. 1990 No. 33, S.R. 1991 No. 204, S.R. 1992 No. 201, S.R. 1993 Nos. 195 and 233 and S.R. 1996 No. 449

(2)

Relevant amending Regulations are S.R. 1988 No. 431 and S.R. 1996 No. 449