The Social Security (1998 Order) (Commencement No. 8 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999

Modification of the Social Security Benefit (Computation of Earnings) Regulations

17.  The Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996(1) shall have effect in relation to any benefit mentioned in Article 2(b) as if—

(a) subject to the following paragraphs, for “the adjudicating authority” and “an adjudicating authority” in each place where they occur there were substituted “the Department”;

(b) in regulation 2(1) (interpretation)—

(i) after the definition of “the Employment Rights Order” there were inserted the following definition—

““the Order” means the Social Security (Northern Ireland) Order 1998;”, and

(ii) the definition of “adjudicating authority” were omitted;

(c) in regulation 4 (notional earnings)—

(i) in paragraph (1) for “of the determination of the claim or of any subsequent review, the adjudicating authority shall treat the claimant” there were substituted “on which a decision falls to be made by the Department under Chapter II of Part II of the Order or regulations made thereunder, the claimant shall be treated”, and

(ii) in paragraph (2) “the adjudicating authority shall treat the claimant” there were substituted “the claimant shall be treated”;

(d) in regulation 6(8) (calculation of earnings of employed earners), in paragraph (b)(ii)(bb) of the definition of “part-time employment” for “of review” there were substituted “on which a revision or supersession of a decision falls to be made”;

(e) in regulation 13(8) (calculation of net profit of self-employed earners) for “The adjudicating authority shall refuse to make a deduction” there were substituted “A deduction shall not be made” and for “it is not” there were substituted “the Department is not”;

(f) in regulation 14(2) (deduction of tax and contributions for self-employed earners) for “of the determination of the claim or of any subsequent review” in both places where it occurs there were substituted “on which a decision is made by the Department under Chapter II of Part II of the Order or regulations made thereunder”; and

(g) regulation 16 (transitional provision to suspend benefit and make interim payments) were omitted.

(1)

S.R. 1996 No. 520