The Social Security Benefit (Computation of Earnings) (Amendment) (Northern Ireland) Regulations 2000

Statutory Instruments

2000 No. 667

SOCIAL SECURITY, NORTHERN IRELAND

The Social Security Benefit (Computation of Earnings) (Amendment) (Northern Ireland) Regulations 2000

Made

8th March 2000

Laid before Parliament

9th March 2000

Coming into force

3rd April 2000

The Treasury, in exercise of the powers conferred on them by sections 3(2), 121(1) and 171(3) and (10) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and of all other powers enabling them in that behalf, and with the concurrence of the Department for Social Development(2), hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Social Security Benefit (Computation of Earnings) (Amendment) (Northern Ireland) Regulations 2000 and shall come into force on 3rd April 2000.

Amendment of the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996

2.  In regulation 4(2) of the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996(3) (notional earnings) for the words from “but this paragraph” to the end there shall be substituted–

• “but this paragraph shall not apply–

  (i)

  to a claimant who is engaged by a charitable or voluntary organisation or is a volunteer if the Department is satisfied in any of those cases that it is reasonable for him to provide his services free of charge; or

  (ii)

  to a claimant who is participating in an employment or training programme for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme; and for this purpose “employment or training programme” has the meaning given in regulation 19(3) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(4) and “training allowance” has the meaning given in regulation 1(2) of those Regulations.”

Bob Ainsworth

Greg Pope

Two of the Lords Commissioners of Her Majesty’s Treasury

6th March 2000

The Department for Social Development hereby concurs.

Sealed with the Official Seal of the Department for Social Development on 8th March 2000.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 4(2) of the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 520). The effect of the amendment is that persons participating in approved work, such as work trials or work placements, are not attributed with notional earnings for the purpose of computing earnings in relation to their benefit or retirement pension, or increases for dependants under Part IV of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

These Regulations do not impose any charge on business.

(1)

1992 c. 7. Section 3(2) was amended by paragraph 4 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) (“the Transfer Order”). Section 121(1) is cited because of the meaning ascribed to the word “prescribe”. Section 171(10) was substituted by paragraph 28(3) of Schedule 3 to the Transfer Order.

(2)

The functions of the Department of Health and Social Services for Northern Ireland under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 were transferred to the Department for Social Development by Article 8(b) of, and Part II of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481).

(3)

S.R. 1996 No. 520. Regulation 4(2) was amended by Article 14(2) and (4)(b) of S.R. 1999 No. 472 (C. 36).

(4)

S.R. 1996 No. 198; a relevant amending instrument is S.R. 1999 No. 501, regulation 3(2).