The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010

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

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(1) are amended in accordance with paragraphs (2) to (10).

(2) In regulation 2(1) (interpretation) after the definition of “the Macfarlane (Special Payments) (No. 2) Trust”(2) insert—

““MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;”.

(3) In—

(a) regulation 2(1) in the definition of “qualifying person”(3);

(b) regulation 42(4ZA)(a)(4) (notional income);

(c) regulation 48(10)(c)(5) (income treated as capital);

(d) regulation 51(3A)(a)(6) (notional capital);

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

(f) Schedule 9 (sums to be disregarded in the calculation of income other than earnings), paragraph 21(2)(8) and paragraph 39(1)(9) and (7)(10); and

(g) Schedule 10 (capital to be disregarded), paragraph 22(1)(11) and (7)(12),

after “Eileen Trust” insert “, MFET Limited”.

(4) In regulation 6(1)(c) (persons not treated as engaged in remunerative work) after “earnings)” insert “and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work;”.

(5) In regulation 13(2)(dd)(13) (circumstances in which persons in relevant education are to be entitled to income support) after “and their families)” insert “or Part II of the Children (Scotland) Act 1995 (promotion of children’s welfare by local authorities and by children’s hearings etc.)”.

(6) In regulation 42 in—

(a) paragraph (2)(g)(14) for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”;

(b) paragraph (2ZA)(15) for “age of 60” substitute “qualifying age for state pension credit”; and

(c) paragraph (2A)(16) for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.

(7) In—

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

(b) regulation 48(10)(c);

(c) regulation 51(3A)(a);

(d) Schedule 3, paragraph 18(8)(b) where it first occurs;

(e) Schedule 9, paragraph 39(1) to (5)(17); and

(f) Schedule 10, paragraphs 22(1) to (5)(18) and 29(19),

after “under” insert “or by”.

(8) In regulation 51 in paragraph (2)(da)(20) for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.

(9) In Schedule 2 (applicable amounts) in paragraph 1(3)(a)(ii), paragraph 1(3)(e)(i), paragraph 1(3)(f)(i) and paragraph 1(3)(g)(i)(21) after “regulation 4ZA” insert “or income-related employment and support allowance”.

(10) In Schedule 10 in paragraph 29 after “the Fund” insert “, MFET Limited”.

Commencement Information

I1 Reg. 2(1)-(8)(10) in operation at 6.4.2010, see reg. 1(1)

I2 Reg. 2(9) in operation at 13.4.2010, see reg. 1(4)(a)

(1)

S.R. 1987 No. 459; relevant amending Rules are S.R. 1988 Nos. 146, 205 and 318, S.R. 1990 No. 33, S.R. 1991 No. 204, S.R. 1992 No. 201, S.R. 1993 Nos. 195 and 233, S.R. 1995 No. 367, S.R. 1996 No. 199, S.R. 1998 Nos. 2 and 326, S.R. 2000 No. 241, S.R. 2004 Nos. 213 and 389, S.R. 2005 Nos. 424, 536 and 550, S.R. 2006 No. 97 and S.R. 2007 Nos. 306 and 382 and S.R. 2008 No. 428

(2)

The definition of “the MacFarlane (Special Payments) (No. 2) Trust” was inserted by regulation 4(2) of S.R. 1991 No. 204

(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 and regulation 2(2)(b) of S.R. 2005 No. 550

(4)

Regulation 42(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

(5)

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 and regulation 2(5)(b) of S.R. 2008 No. 428

(6)

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

(7)

Sub-paragraph (b) was amended by regulation 2(5)(e) of S.R. 2008 No. 428

(8)

Paragraph 21 was substituted by regulation 3(6)(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 and regulation 2(5)(f) of S.R. 2008 No. 428

(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 and regulation 2(5)(f) of S.R. 2008 No. 428

(10)

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 and regulation 2(4) of S.R. 2005 No. 550

(11)

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 and regulation 2(5)(g) of S.R. 2008 No. 428

(12)

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 and regulation 2(5)(a)(ii) of S.R. 2005 No. 550

(13)

Sub-paragraph (dd) was substituted by regulation 2(2)(a) of S.R. 1998 No. 2

(14)

Paragraph (2)(g) was added by regulation 2(4)(a) of S.R. 1995 No. 367 and amended by regulation 2(3)(a) of S.R. 2005 No. 424, regulation 2(2)(a) of S.R. 2006 No. 97 and regulation 3(6)(a) of S.R. 2007 No. 306

(15)

Paragraph (2ZA) was inserted by regulation 2(3)(b) of S.R. 2005 No. 424 and amended by regulation 2(2)(b) of S.R. 2006 No. 97 and regulation 3(6)(b) of S.R. 2007 No. 306

(16)

Paragraph (2A) was substituted by regulation 3(6)(c) of S.R. 2007 No. 306

(17)

Sub-paragraphs (2) to (5) were amended by regulation 5(7)(b) of S.R. 1992 No. 201 and paragraph 12(8)(b) of Schedule 3 to S.R. 2005 No. 536, sub-paragraphs (4) and (5) were also amended by regulation 3(5) and the Schedule to S.R.2000 No. 241

(18)

Sub-paragraphs (2) to (5) were amended by regulation 5(8)(a) of S.R. 1992 No. 201 and paragraph 12(9)(b) of Schedule 3 to S.R. 2005 No. 536, sub-paragraphs (4) and (5) were also amended by regulation 3(5) and the Schedule to S.R.2000 No. 241

(19)

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 and regulation 2(10) of S.R. 2008 No. 428

(20)

Sub-paragraph (da) was inserted by regulation 2(5) of S.R. 2005 No. 424 and amended by regulation 2(3)(a) of S.R. 2006 No. 97

(21)

Sub-paragraph (3) was substituted by paragraph 3 of Schedule 2 to S.R. 1996 No. 199