The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009

Amendment of the Housing Benefit Regulations N.I.

6.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(1) are amended in accordance with paragraphs (2) to (6).

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

(a) after the definition of “polygamous marriage” insert—

““public authority has the meaning given in section 75(3) of the Northern Ireland Act 1998;”, and

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

(3) After regulation 32(2)(c) (earnings of employed earners) insert—

“(d) any payment in respect of expenses arising out of the claimant’s participation in a service user group.”.

(4) In regulation 39 (notional income)—

(a) after paragraph (2)(f)(2) insert—

“(g) any sum to which paragraph (12A) applies;”; and

(b) after paragraph (12) insert—

“(12A) Paragraphs (1), (2), (6) and (9) shall not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the claimant’s participation in a service user group.”.

(5) In Schedule 5 (sums to be disregarded in the calculation of earnings)—

(a) for paragraph 1(b)(i)(3) substitute—

“(i) any payment of the nature described in—

(aa) regulation 32(1)(e), or

(bb) Article 60, 96 or 100 of the Employment Rights (Northern Ireland) Order 1996(4) (guarantee payments, suspension from work on medical or maternity grounds); and”;

(b) in paragraphs 1(c) and 2(b)(ii) for “regulation 32(1)(e), (i) or (j) in so far as it relates to regulation 32(1)(i))” substitute “paragraph 1(b)(i) or (ii)(bb) or regulation 32(1)(i) or (j) in so far as it relates to regulation 32(1)(i))”; and

(c) in paragraph 2(b)(i) for “regulation 32(1)(e)” substitute “paragraph 1(b)(i) or (ii)(bb)”.

(6) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a) after paragraph 2 insert—

“2A.   Any payment in respect of expenses arising out of the claimant’s participation in a service user group.”;

(b) in paragraph 15(d)(5)—

(i) for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within Article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005”, and

(ii) for “the pension payable under either of those schemes” substitute “that pension or payment”;

(c) before paragraph 26(1)(e)(6) insert—

“(da) “which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989(7) (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order) or in Scotland section 50 of the Children Act 1975(8) (payments towards maintenance of children);”; and

(d) for paragraph 49A(9) substitute—

“49A.— (1) Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.

(2) In paragraph (1)—

“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—

(a)

the Child Support (Northern Ireland) Order 1991(10);

(b)

the Child Support Act 1991(11)

(c)

a court order;

(d)

a consent order;

(e)

a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;

“liable relative” means a person listed in regulation 54 (interpretation) of the Income Support (General) Regulations (Northern Ireland) 1987(12), other than a person falling within sub-paragraph (d) of that definition.”.

Textual Amendments

F1 Reg. 6(2)(b) revoked (28.4.2014) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/105), regs. 1(1), 9

Commencement Information

I1 Reg. 6(1) in operation at 26.10.2009, see reg. 1(1)

I2 Reg. 6(2)-(6)(c) in operation at 2.11.2009, see reg. 1(3)

I3 Reg. 6(6)(d) in operation at 1.4.2010 in so far as not already in operation, see reg. 1(4)(b)

I4 Reg. 6(6)(d) in operation at 5.4.2010 for specified purposes, see reg. 1(4)(a)

(1)

S.R. 2006 No.405; relevant amending Regulations are S.R. 2007 Nos. 154, 306 and 396 and S.R. 2008 Nos. 179 and 498

(2)

Paragraph (2) was amended by regulation 7(2) of S.R. 2007 No. 154 and regulation 5(4)(a) of S.R. 2007 No. 306

(3)

Paragraphs 1 and 2 were amended by regulation 9(11) of S.R. 2007 No. 396

(4)

S.I. 1996/1919 (N.I. 16)

(5)

Sub-paragraph (d) was amended by regulation 5(5)(a)(ii) of S.R. 2008 No. 498

(6)

In paragraph 26(1) head (d) was omitted by regulation 5(5)(b)(ii) of S.R. 2008 No. 498

(7)

1989 c. 41

(8)

1975 c. 72; The Children Act 1975 was revoked by the Children Act 1989 (c. 41), except as saved by Schedule 14 of the Children Act 1989

(9)

Paragraphs 49 and 49A were substituted by regulation 3(10)(c) of S.R. 2008 No. 179

(10)

S.I. 1991/2628 (N.I. 23)

(11)

1991 c. 48

(12)

S.R. 1987 No. 459