The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007

Amendment of the Income Support (General) Regulations N.I.

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(1) shall be amended in accordance with paragraphs (2) to (8).

(2) In regulation 2(1) (interpretation) after the definition of “war widower’s pension”(2) insert—

““water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006(3) in so far as such charges are in respect of the dwelling which a person occupies as his home;”.

(3) In regulation 42(4)(a) (notional income) at the end of head (ii)(4) add “, or is used for any water charges for which that claimant or partner is liable”.

(4) In regulation 51(3)(a) (notional capital) at the end of head (ii)(5) add “, or is used for any water charges for which that claimant or partner is liable”.

(5) In regulation 66B(3)(6) (treatment of payments from access funds) for “shall be disregarded as income to the extent of £20 per week” substitute “and any payments from access funds which are used for any water charges for which that claimant or partner is liable shall be disregarded as income to the extent of £20 per week”.

(6) In regulation 68(3)(7) (income treated as capital) for “shall be disregarded as capital but only for a period of 52 weeks from the date of the payment” substitute “or which is used for an item other than any water charges for which that claimant or partner is liable shall be disregarded as capital but only for a period of 52 weeks from the date of the payment”.

(7) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 13(8) at the end of sub-paragraph (2) add “or any water charges for which the claimant or member is liable”;

(b) in paragraph 22—

(i) in sub-paragraph (2)(b)(9) after “rates” insert “or water charges”, and

(ii) after sub-paragraph (2) insert—

“(2A) The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.”; and

(c) in paragraph 67(10) at the end of sub-paragraph (2) add “, or any water charges for which the claimant or member is liable”.

(8) In Schedule 10 (capital to be disregarded) in paragraph 54(11) at the end of sub-paragraph (2) add “or any water charges for which the claimant or member is liable”.

Commencement Information

I1 Reg. 2 in operation at 2.4.2007, see reg. 1(1)

(1)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 Nos. 146 and 318, S.R. 1989 No. 139, S.R. 1993 No. 120, S.R. 1994 No. 77, S.R. 1999 No. 342, S.R. 2000 No. 242, S.R. 2002 Nos. 128 and 132, S.R. 2003 No. 195, S.R. 2004 No. 143, S.R. 2005 No. 536 and S.R. 2007 No. 154

(2)

The definition of “war widower’s pension” was inserted by regulation 2(2) of S.R. 2002 No. 128 and amended by Article 2(3) of, and paragraph 12(2)(c) of Schedule 3 to, S.R. 2005 No. 536

(3)

S.I. 2006/3336 (N.I. 21)

(4)

Head (ii) was amended by regulation 4(4)(a) of S.R. 1994 No. 77 and regulation 2 of, and paragraph 10(e)(iv) of Schedule 1 to, S.R. 2003 No. 195 (except in a case where regulation 1(3) of those Regulations applies)

(5)

Head (ii) was amended by regulation 10 of, and paragraph 7 of Schedule 1 to, S.R. 1989 No. 139, regulation 2(1) of, and paragraph 8 of Part I of the Schedule to, S.R. 2002 No. 132 and regulation 2 of, and paragraph 13(a)(iv) of Schedule 1 to, S.R. 2003 No. 195 (except in a case where regulation 1(3) of those Regulations applies)

(6)

Regulation 66B was inserted by regulation 2(5) of S.R. 2000 No. 242 and amended by regulation 2(1) of, and paragraph 9 of Part I of the Schedule to, S.R. 2002 No. 132, regulation 2 of, and paragraph 17 of Schedule 1 to, S.R. 2003 No. 195 (except in a case where regulation 1(3) of those Regulations applies) and regulation 2(5) of S.R. 2007 No. 154

(7)

Regulation 68(3) was added by regulation 2(6) of S.R. 2000 No. 242 and amended by regulation 2(1) of, and paragraph 10 of Part I of the Schedule to, S.R. 2002 No. 132, regulation 2 of, and paragraph 17 of Schedule 1 to, S.R. 2003 No. 195 (except in a case where regulation 1(3) of those Regulations applies) and regulation 2(6) of S.R. 2007 No. 154

(8)

Paragraph 13 was substituted by regulation 2(3)(a) of S.R. 2004 No. 143

(9)

Sub-paragraph (2) was substituted by regulation 36(e)(ii) of S.R. 1988 No. 146 and regulation 24(a)(ii) of S.R. 1988 No. 318 and regulation 4(7)(a) of S.R. 1993 No. 120

(10)

Paragraph 67 was added by regulation 5(4) of S.R. 1999 No. 342 and amended by regulation 2(1) of, and paragraph 17(g) of Part I of the Schedule to, S.R. 2002 No. 132

(11)

Paragraph 54 was added by regulation 5(5) of S.R. 1999 No. 342 and amended by regulation 2(1) of, and paragraph 18 of Part I of the Schedule to, S.R. 2002 No. 132