The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011

Amendment of the Income Support (General) Regulations

7.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(1) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “board and lodging accommodation”(2) insert—

““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and

(b) in the definition of “qualifying person”(3) after “the Skipton Fund” insert “, the Caxton Foundation”.

(3) In regulation 21AA(4) (special cases: supplemental – persons from abroad) omit paragraph (4)(f)(i).

(4) For regulation 42(1) (notional income), substitute—

“(1) A claimant is to be treated as possessing income of which the claimant has deprived themselves for the purpose of securing entitlement to income support or increasing the amount of that benefit, or for the purpose of securing entitlement to, or increasing the amount of a jobseeker’s allowance or an employment and support allowance.”.—

(5) In—

(a) regulation 42(4ZA)(a)(5);

(b) regulation 48(10)(c)(6) (income treated as capital);

(c) Schedule 3 (housing costs) paragraph 18(8)(b)(7);

(d) Schedule 9 (sums to be disregarded in the calculation of income other than earnings) paragraphs 21(2)(8) and 39(1)(9); and

(e) Schedule 10 (capital to be disregarded) paragraph 29(10),

after “MFET Limited” insert “, the Skipton Fund”, the Caxton Foundation”.

(6) In—

(a) regulation 51(3A)(a)(11) (notional capital);

(b) Schedule 9 paragraph 39(7)(12); and

(c) Schedule 10 paragraph 22(1)(13) and (7)(14),

after “the Skipton Fund” insert “, the Caxton Foundation”.

(7) In Schedule 2, paragraph 13A(1A)(15) (applicable amounts: enhanced disability premium) after “claimant” insert “or partner”.

(1)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 Nos. 146, 205, 318 and 431, S.R. 1990 No. 33, S.R. 1991 No. 204, S.R. 1992 No. 201, S.R. 1993 Nos. 195 and 233, S.R. 1998 No. 326, S.R. 2000 No. 367, S.R. 2004 Nos. 213 and 389, S.R. 2005 No. 550, S.R. 2006 No. 178, S.R. 2008 No. 428, S.R. 2009 No.68, S.R. 2010 No. 69 and S.R. 2011 No. 135

(2)

The definition of “board and lodging accommodation” was inserted by regulation 2(a) of S.R. 1988 No. 431

(3)

The definition of “qualifying person” was inserted by regulation 5(2)(b) of S.R. 1992 No. 201 and amended by regulation 2(a) of S.R. 2004 No. 213, regulation 2(2)(b) of S.R. 2005 No. 550 and regulation 2(3)(a) of S.R. 2010 No. 69

(4)

Regulation 21AA was inserted by regulation 2(3) of S.R. 2006 No. 178; sub-paragraph (4) was substituted by regulation 2 of S.R. 2006 No. 523 and head (i) of sub-paragraph(4)(f) was amended by regulation 2(a) of S.R. 2009 No. 68

(5)

Paragraph (4ZA) was inserted by regulation 2(2)(b) of S.R. 1998 No. 326 and sub-paragraph (a) was amended by regulation 2(5)(a) of S.R. 2008 No. 428 and regulation 2(3)(b) and (7)(a) of S.R. 2010 No. 69

(6)

Sub-paragraph (c) was amended by regulation 4(3)(b) of S.R. 1990 No. 33, regulation 4(4) of S.R. 1991 No. 204, regulation 5(4) of S.R. 1992 No. 201, regulation 5(3)(b) of S.R. 1993 Nos. 195 and 233, regulation 2(5)(b) of S.R. 2008 No. 428 and regulation 2(3)(c) and (7)(b) of S.R. 2010 No. 69

(7)

Sub-paragraph (8)(b) was amended by regulation 2(5)(e) of S.R. 2008 No. 428 and regulation 2(3)(e) and (7)(d) of S.R. 2010 No. 69

(8)

Paragraph 21 was substituted by regulation 36(d) of S.R. 1988 No. 146 and sub-paragraph (2) was amended by regulation 5(d) of S.R. 1988 No. 205, regulation 4(3)(e) of S.R. 1990 No. 33, regulation 4(7)(a) of S.R. 1991 No. 204, regulation 5(7)(a) of S.R. 1992 No. 201, regulation 5(3)(f) of S.R. 1993 No. 195, regulation 5(4)(a) of S.R. 1993 No. 233, regulation 2(5)(f) of S.R. 2008 No. 428 and regulation 2(3)(f) of S.R. 2010 No. 69

(9)

Paragraph 39(1) was substituted by regulation 4(7)(b) of S.R. 1991 No. 204 and amended by regulation 5(7)(b)(i) of S.R. 1992 No. 201, regulation 5(3)(f) of S.R. 1993 No. 195, regulation 5(4)(b)(i) of S.R. 1993 No. 233, regulation 2(5)(f) of S.R. 2008 No. 428 and regulation 2(3)(f) and (7)(e) of S.R. 2010 No. 69

(10)

Paragraph 29 was added by regulation 25 of S.R. 1988 No. 318 and amended by regulation 4(4) of S.R. 1990 No. 33, regulation 5(8)(b) of S.R. 1992 No. 201, regulation 5(4) of S.R. 1993 No. 195, Article 2(3) of S.R. 2007 No. 382, regulation 2(10) of S.R. 2008 No. 428 and regulation 2(7) (f) and (10) of S.R. 2010 No. 69

(11)

Paragraph (3A) was inserted by regulation 3(2)(b) and (3)(c) of S.R. 1998 No. 326 and sub-paragraph (a) was amended by regulation 2(1) and (2)(b) of S.R. 2004 No. 389, regulation 2(3) of S.R. 2005 No. 550 and regulation 2(5)(c) of S.R. 2008 No. 428 and regulation 2(3)(d) and (7)(c) of S.R. 2010 No. 69

(12)

Paragraph 39(7) was substituted by regulation 4(7)(b) of S.R. 1991 No. 204; sub-paragraph (7) was added by regulation 5(7)(b)(vi) of S.R. 1992 No. 201 and amended by regulation 2(3) and (4) of S.R. 2004 No. 389, regulation 2(4) of S.R. 2005 No. 550 and regulation 2(3)(f) of S.R. 2010 No. 69

(13)

Paragraph 22 was substituted by regulation 4(8)(a) of S.R. 1991 No. 204, sub-paragraph (1) was amended by regulation 5(8)(a)(i) of S.R. 1992 No. 201, regulation 5(5)(a) of S.R. 1993 No. 233, regulation 3(1) and (2)(b) of S.R. 2004 No. 213, regulation 2(5)(a)(i) of S.R. 2005 No. 550, regulation 2(5)(g) of S.R. 2008 No. 428 and regulation 2(3)(g) and (7)(f) of S.R. 2010 No. 69

(14)

Sub-paragraph (7) was added by regulation 5(8)(a)(vi) of S.R. 1992 No. 201 and amended by regulation 3(4)(b) of S.R. 2004 No. 213, regulation 2(5)(a)(ii) of S.R. 2005 No. 550 and regulation 2(3)(g) of S.R. 2010 No. 69

(15)

Paragraph 13A was inserted by regulation 2(c)(ii) of S.R. 2000 No. 367, sub-paragraph (1A) was inserted by regulation 3(6)(a) of S.R. 2011 No. 135