The Social Security (1998 Order) (Commencement No. 11 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999

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

14.—(1) The Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996(1) shall be amended in accordance with paragraphs (2) to (7).

(2) Subject to paragraphs (4) and (6)(a), for “the adjudicating authority” and “an adjudicating authority” in each place where they occur there shall be substituted “the Department”.

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

(a) after the definition of “the Employment Rights Order” there shall be inserted the following definition—

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

(b) the definition of “adjudicating authority” shall be omitted.

(4) In regulation 4 (notional earnings)—

(a) in paragraph (1) for “of the determination of the claim or of any subsequent review, the adjudicating authority shall treat the claimant” there shall be 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

(b) in paragraph (2) for “the adjudicating authority shall treat the claimant” there shall be substituted “the claimant shall be treated”.

(5) 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 shall be substituted “on which a revision or supersession of a decision falls to be made”.

(6) In regulation 13(8) (calculation of net profit of self-employed earners)—

(a) for “The adjudicating authority shall refuse to make a deduction” there shall be substituted “A deduction shall not be made”; and

(b) for “it is not” there shall be substituted “the Department is not”.

(7) 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 shall be substituted “on which a decision is made by the Department under Chapter II of Part II of the Order or regulations made thereunder”.

(1)

S.R. 1996 No. 520, to which there are amendments not relevant to this order