The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008

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

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (17).

(2) In regulation 2(1) (interpretation)(1) omit the definition of “Preparation for Employment Programme for 50 plus”.

(3) In regulation 5(5)(2) (persons treated as engaged in remunerative work) for “35(1)(b) to (d) and (j)” substitute “35(1)(b) and (d)”.

(4) In regulation 13 (circumstances in which persons in relevant education are to be entitled to income support)—

(a) in paragraph (2)(3) after “a person who” insert “(subject to paragraph (2A))”; and

(b) after paragraph (2) insert—

“(2A) For the purposes of paragraph (2)—

(a) the eligible person shall be treated as satisfying the condition prescribed in regulation 8 of the Child Benefit (General) Regulations 2006(4) (child benefit not payable in respect of qualifying young person: other financial support);

(b) where sub-paragraphs (c) to (e) apply, the eligible person shall be treated as satisfying the condition prescribed in regulation 5(2)(e) and (f) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds).”.

(5) In regulation 29 (calculation of earnings derived from employed earner’s employment and income other than earnings)—

(a) for sub-paragraph (2)(a)(5) substitute—

“(a) where the payment is monthly, a period equal to the number of weeks from the date on which the payment is treated as paid to the date immediately before the date on which the next monthly payment would have been so treated as paid whether or not the next monthly payment is actually paid;

(aa) where the payment is in respect of a period which is not monthly, a period equal to the length of the period for which payment is made;”; and

(b) omit paragraphs (4B) and (4D)(b)(6).

(6) In regulation 30 (calculation of earnings of self-employed earners)—

(a) in paragraph (2) for “royalties or sums paid periodically for or in respect of any copyright” substitute “any items to which paragraph (2A) applies”; and

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In regulation 35 (earnings of employed earners) omit paragraphs (1)(j)(i), (1A) and paragraph (3)(b)(7).

(8) In regulation 42 (notional income) omit paragraph 4ZA(c)(ia)(8).

(9) In each of the following provisions omit “or in the Preparation for Employment Programme for 50 plus”—

(a) regulation 42(6A)(b)(i)(9) (notional income); and

(b) in Schedule 3 (housing costs)—

(i) paragraph 4(4A)(a)(10), and

(ii) paragraph 14(1)(ee)(i), (3ZA)(a) and (3B)(11).

(10) In regulation 48 (income treated as capital) omit paragraph (11)(12).

(11) In regulation 51 (notional capital) omit paragraph (3A)(b)(ia)(13).

F2 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) In Schedule 1B (prescribed categories of person) omit paragraphs 26 and 27(14).

(14) In Schedule 2 (applicable amounts) in paragraph 7(1)(b)(15) for “Department of Economic Development” substitute “ Department for Employment and Learning(16)”.

(15) In Schedule 3 (housing costs)—

(a) in paragraph 14(12)(c)(ii)(17) omit the word “or”; and

(b) omit paragraph 14(12)(c)(iii)(18).

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

(a) in paragraph 4A(19) for “statutory sick pay under Part 1 of the Social Security and Housing Benefits Act 1982” substitute “ statutory sick pay under Part XI of, or ”;

(b) for paragraph 28(20) substitute—

“28.— (1)  Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children or powers to grant financial assistance to persons looked after or in, or formerly in, its care).

(2) Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order to a person (“A”) which A passes on to the claimant.

(3) Sub-paragraphs (1) and (2) are subject to the following provisions.

(4) Neither of those sub-paragraphs applies where the claimant is a person—

(a) to whom section 125 of the Contributions and Benefits Act (trade disputes) applies; or

(b) in respect of whom section 122(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 126 of that Act (effect of return to work).

(5) Sub-paragraph (2) applies only where A—

(a) was formerly in the claimant’s care, and

(b) is aged 18 or over, and

(c) continues to live with the claimant.”;

(c) omit paragraphs 41 and 42(21); and

(d) in paragraph 46(22) omit “a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge) or reduction of”.

(17) In Schedule 10 (capital to be disregarded)—

(a) in paragraph 7(1) for head (b)(23) substitute—

“(b) an income-related benefit or an income-based jobseeker’s allowance, child tax credit or working tax credit under Part 1 of the Tax Credits Act 2002(24).”;

(b) in paragraph 10 omit “supplementary benefit or”;

(c) for paragraph 17(25) substitute—

“17.— (1) Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children and powers to grant financial assistance to persons looked after or in, or formerly in, its care).

(2) Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order to a person (“A”) which A passes on to the claimant.

(3) Sub-paragraphs (1) and (2) are subject to the following provisions.

(4) Neither of those sub-paragraphs applies where the claimant is a person—

(a) to whom section 125 of the Contributions and Benefits Act (trade disputes) applies; or

(b) in respect of whom section 122(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 126 of that Act (effect of return to work).

(5) Sub-paragraph (2) applies only where A—

(a) was formerly in the claimant’s care, and

(b) is aged 18 or over, and

(c) continues to live with the claimant.”;

(d) omit paragraphs 32 and 33(26); and

(e) in paragraph 36(27) omit “a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (reduction of liability for personal community charge) or reduction of”.

Textual Amendments

F1 Reg. 2(6)(b) revoked (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/92), reg. 1(1), Sch.

F2 Reg. 2(12) revoked (25.1.2010) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/6), reg. 1(2), Sch. Pt. 1 (with reg. 2(2)-(4))

Commencement Information

I1 Reg. 2(1)-(5)(7)-(15)(16)(a)(c)(d)(17)(a)(b)(d)(e) in operation at 14.4.2008, see reg. 1(1)

I2 Reg. 2(1)-(5), (7)-(15), (16)(a)(c)(d)(17)(a)(b)(d)(e) in operation at 14.4.2008, see reg. 1(1)

(1)

The definition of “Preparation for Employment Programme for 50 plus” was inserted by regulation 2(a) of S.R. 2001 No. 151

(2)

Paragraph (5) was amended by regulation 3 of S.R. 1988 No. 431, regulation 3 of S.R. 1989 No. 365 and regulation 4(3)(a) of S.R. 2007 No. 396

(3)

Paragraph (2) was amended by regulation 6(a) of S.R. 1991 No. 338 and regulation 2(3)(a) of S.R. 2006 No. 128

(4)

S.I. 2006/223.

(5)

The amendment relevant to paragraph (2)(a) is regulation 5(1)(a) of S.R. 1997 No. 22

(6)

Paragraphs (4B) and (4D) were inserted by regulation 9(c) of S.R. 1989 No. 365 and paragraph (4B) was amended by regulation 4(5) of S.R. 2007 No. 396

(7)

Paragraphs (1)(j)(i) and (1A) were added by regulation 11(a)(iii) of S.R. 1989 No. 365; paragraph (3) was added by regulation 11(b) of S.R. 1989 No. 365 and amended by regulation 4(6)(b)(ii) of S.R. 2007 No. 396

(8)

Paragraph (4ZA) was inserted by regulation 2(2)(b) of S.R 1998 No. 326 and head (ia) was inserted by regulation 13(4) and (5)(b) of S.R. 2001 No. 151

(9)

Paragraph (6A) was inserted by regulation 2(2)(b) of S.R. 1999 No. 390, sub-paragraph (b) was substituted by regulation 3(a) of S.R. 2000 No. 109 and amended by regulation 13(6) and (7)(b) of S. R. 2001 No. 151

(10)

Sub-paragraph (4A) was inserted by regulation 16(2) of S.R. 1997 No. 541 and amended by regulation 12(a) of S.R. 2001 No. 151

(11)

Head (ee) was inserted by regulation 16(3)(a) of S.R. 1997 No. 541 and amended by regulation 3(5) of S.R. 1998 No. 182 and regulation 12(b)(i) of S.R. 2001 No. 151; sub-paragraph (3ZA) was inserted by regulation 16(3)(b) of S.R. 1997 No. 541 and head (a) was amended by regulation 12(b)(ii)(aa) of S.R. 2001 No. 151; sub-paragraph (3B) was inserted by regulation 16(3)(d) of S.R. 1997 No. 541 and amended by regulation 12(b)(iii) of S.R. 2001 No. 151

(12)

Paragraph (11) was added by regulation 15 of S.R. 1989 No. 365

(13)

Paragraph (3A) was inserted by regulation 3(2)(b) of S.R. 1998 No. 326; head(ia) was inserted by regulation 13(8) and 9(b) of S.R. 2001 No. 151

(14)

Schedule 1B was inserted by regulation 22 of and Schedule 1 to S.R. 1996 No. 199; paragraphs 26 and 27 were amended by Article 9(4)(c) of S.R. 1999 No. 371 (C. 28)

(15)

Paragraph 7(1)(b) was amended by regulation 6(e) of S.R. 1989 No. 395 and regulation 3(5)(a) of S.R. 1990 No. 387

(16)

See Article 4(b) of S.R. 1999 No. 481 and section 1 of the Department for Employment and Learning Act (Northern Ireland) 2001 (c. 15 (N.I.))

(17)

Sub-paragraph (12)(c)(ii) was amended by paragraph 12(b)(iv) of S.R. 2001 No. 151

(18)

Sub-paragraph (12)(c)(iii) was added by paragraph 12(b)(iv) of S.R. 2001 No. 151

(19)

Paragraph 4A was inserted by regulation 36(a) of S.R. 1988 No. 146 and amended by regulation 2(6)(b) of S.R. 2002 No. 363

(20)

Paragraph 28 was amended by regulation 36(c) of S.R. 1988 No. 146, regulation 12 of S.R. 1989 No. 249, regulation 2(8)(d) of S.R. 1998 No. 2 and Article 3(2) of and paragraph 3(b)(i) of Schedule 1 to S.R. 2005 No. 319 (C. 23)

(21)

Paragraphs 41 and 42 were added by regulation 20(b) of S.R. 1988 No. 431

(22)

Paragraph 46 was added by regulation 20(e) of S.R. 1990 No. 131 and amended by regulation 4(7)(c) of S.R. 1993 No. 120 and regulation 4(12)(c) of S.R. 2007 No. 396

(23)

Head (b) was amended by regulation 26 of S.R. 1996 No. 199, paragraph 24(a) of Schedule 1 to S.R. 2003 No. 195, regulation 2(4) of S.R. 2003 No. 338

(24)

2002 c. 21

(25)

Paragraph 17 was amended by regulation 37(d) of S.R. 1988 No. 146, regulation 12 of S.R. 1989 No. 249, regulation 2(9) of S.R. 1998 No. 2 and paragraph 3(b)(ii) of Schedule 1 to S.R. 2005 No. 319 (C. 23)

(26)

Paragraphs 32 and 33 were added by regulation 21(b) of S.R. 1988 No. 431

(27)

Paragraph 36 was added by regulation 21(a) of S.R. 1990 No. 131 and amended by regulation 4(8)(b) of S.R 1993 No. 120 and regulation 4(13)(a) of S.R. 2007 No. 396