The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2000

Remunerative work

2.  In the Income Support Regulations—

(a) in regulation 5(6)(1) (persons treated as engaged in remunerative work) for “paragraph (a) to (j) of regulation 6” there shall be substituted “regulation 6(1)”;

(b) in regulation 6(2) (persons not treated as engaged in remunerative work)—

(i) sub-paragraphs (a) and (e) to (g) in paragraph (1)(3) shall be omitted;

(ii) in paragraph (1)(i)(4) for “paragraph 2(6) of Schedule 8 to the Social Security (Northern Ireland) Order 1989; or” there shall be substituted “section 167F(2) of the Contributions and Benefits Act(5); or”;

(iii) after paragraph (3)(6) there shall be added the following paragraph—

“(4) The following persons shall not be treated as engaged in remunerative work—

(a) a person who is mentally or physically disabled and by reason of that disability—

(i) his earnings are reduced to 75 per cent. or less of what a person without that disability and working the same number of hours would reasonably be expected to earn in that employment or in comparable employment in the area, or

(ii) his number of hours of work are 75 per cent. or less of what a person without that disability would reasonably be expected to undertake in that employment or in comparable employment in the area;

(b) subject to regulation 5(4) and (5) (persons treated as engaged in remunerative work), a person to whom section 125 of the Contributions and Benefits Act (trade disputes) applies or in respect of whom section 123(1) of that Act (conditions of entitlement to income support) has effect as modified by section 126(b) of that Act (effect of return to work);

(c) a person to whom paragraph 4 of Schedule 1B (prescribed categories of person) applies;

(d) a person who is in employment and who lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation, and either—

(i) his, or his partner’s applicable amount falls to be calculated in accordance with Part I of Schedule 4 (applicable amounts of persons in residential care and nursing homes) or, as the case may be, paragraph 9, 10 to 10C, 13, 14, or 16 of Schedule 7 (applicable amounts in special cases), or

(ii) he or his partner satisfies the conditions specified in paragraph 2A(2) of Part I of Schedule 2 (conditions for entitlement to a residential allowance).”;

(c) in the definition of “part-time employment” in both regulation 29(4D)(a) (calculation of earnings derived from employed earner’s employment) and regulation 35(3)(c)(7) (earnings of employed earners) after “6(1)” there shall be inserted “and (4)”;

(d) in Schedule 1B(8) (prescribed categories of person)—

(i) in paragraph 8 for “regulation 6(1)(a)” there shall be substituted “regulation 6(4)(a)”;

(ii) in paragraph 9 for “regulation 6(1)(g)” there shall be substituted “regulation 6(4)(d)”.

(1)

Regulation 5(6) was added by regulation 3 of S.R. 1988 No. 318 and amended by regulation 4(3)(b) of S.R. 1993 No. 373

(2)

Regulation 6 was renumbered as regulation 6(1) by regulation 2(3) of S.R. 1999 No. 381

(3)

Relevant amending Regulations are S.R. 1988 Nos. 146 and 318, S.R. 1991 No. 338, S.R. 1992 No. 147, S.R. 1993 No. 165 and S.R. 1996 No. 199

(4)

Paragraph (1)(i) was amended by regulation 4(3)(b) of S.R. 1992 No. 403

(5)

Section 167F was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

(6)

Paragraphs (2) and (3) were added by regulation 2(3) of S.R. 1999 No. 381

(7)

Regulation 29(4D) and 35(3) were inserted by S.R. 1989 No. 365 and amended by S.R. 1999 No. 381

(8)

Schedule 1B was inserted by regulation 22 of, and Schedule 1 to, S.R. 1996 No. 199 and paragraphs 8 and 9 were amended by S.R. 1999 No. 381