The Social Security (Personal Allowances for Children Amendment) Regulations (Northern Ireland) 2000

Statutory Rules of Northern Ireland

2000 No. 245

HOUSING; RATES; SOCIAL SECURITY

The Social Security (Personal Allowances for Children Amendment) Regulations (Northern Ireland) 2000

Made

26th July 2000

Coming into operation

23rd October 2000

The Department for Social Development, in exercise of the powers conferred on it by sections 122(1)(a) and (d), 131(1) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and Article 6(5) of the Jobseekers (Northern Ireland) Order 1995(2) and now vested in it(3), and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel(4) in so far as regulation 2(1) and (2)(a) is concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of that regulation should not be referred to it(5), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Personal Allowances for Children Amendment) Regulations (Northern Ireland) 2000 and shall, subject to paragraphs (2) and (3), come into operation on 23rd October 2000.

(2) Regulation 2 shall, in relation to a claimant for income support, have effect from the first day of the first benefit week to commence for that claimant on or after 23rd October 2000 and in this paragraph “benefit week”(6) and “claimant” shall have the same meanings as in regulation 2(1) of the Income Support Regulations.

(3) Regulation 2 shall, in relation to a claimant for a jobseeker’s allowance, have effect from the first day of the first benefit week to commence for that claimant on or after 23rd October 2000 and in this paragraph “benefit week”(7) shall have the same meaning as in regulation 1(2) of the Jobseeker’s Allowance Regulations.

(4) In these Regulations—

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(8);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(9).

(5) The Interpretation Act (Northern Ireland) 1954(10) shall apply to these Regulations as it applies to an Act of the Assembly.

Housing benefit, income support and jobseeker’s allowance: personal allowances in respect of children

2.—(1) In each of the provisions specified in paragraph (2) (which specify the personal allowances to be applied in respect of children when calculating applicable amounts) in column (2) of the table in entry (a) for “£26·60” there shall be substituted “£30·95”.

(2) The provisions specified for the purposes of paragraph (1) are—

(a) paragraph 2(1) of Schedule 2 (applicable amounts) to the Housing Benefit (General) Regulations (Northern Ireland) 1987(11);

(b) paragraph 2(1) of Schedule 2 (applicable amounts) to the Income Support Regulations;

(c) paragraph 2(1) of Schedule 1 (applicable amounts) to the Jobseeker’s Allowance Regulations.

Sealed with the Official Seal of the Department for Social Development on 26th July 2000.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulation 2(1) and (2)(a) of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 27th July 2000.

L.S.

Jack Layberry

Senior Officer of the

Department of Finance and Personnel

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Income Support (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996.

In particular, regulation 2 of these Regulations increases by £4·35 from 23rd October 2000, the amount of the weekly personal allowance which is applicable in respect of children before the first Monday in the September following their 16th birthday in housing benefit, income support and jobseeker’s allowance.

In so far as these Regulations are required, for the purposes of regulation 2(1) and (2)(a) to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.

(1)

1992 c. 7

(2)

S.I. 1995/2705 (N.I. 15)

(3)

See Article 8(b) of, and Part II of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481)

(4)

See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); consent function transferred from the Department of the Environment for Northern Ireland to the Department of Finance and Personnel; see Article 6(b) of, and Part II of Schedule 4 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999

(5)

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

(6)

The definition of “benefit week” was amended by regulation 2(a) of S.R. 1988 No. 318

(7)

The definition of “benefit week” was amended by regulation 2(2) of S.R. 1996 No. 358 and regulation 2(2)(a) of S.R. 1996 No. 503

(8)

S.R. 1987 No. 459; relevant amending Rules are S.R. 1988 No. 318, S.R. 1999 No. 382 and S.R. 2000 No. 38

(9)

S.R. 1996 No. 198; relevant amending Rules are S.R. 1996 Nos. 358 and 503, S.R. 1999 No. 382 and S.R. 2000 No. 38

(10)

1954 c. 33 (N.I.)

(11)

S.R. 1987 No. 461; relevant amending Rules are S.R. 1999 No. 382 and S.R. 2000 No. 38