The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2001

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Income Support (General) Regulations (Northern Ireland) 1987, the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 and the Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 1996.

In particular, regulation 4 provides that for the purposes of entitlement to income support, a person may be treated as not engaged in remunerative work for the first two weeks, or as the case may be, four weeks, after commencing such work following a period of entitlement to income support or income-based jobseeker’s allowance of at least 26 weeks. Such persons are made a prescribed category of person for the purposes of income support entitlement by regulation 5 and the applicable amount of such persons is limited to their housing costs and is prescribed in regulation 7.

These Regulations also provide that in relation to such persons—

• that they shall not be required to make a claim for income support in order to be entitled to it (regulation 11(2));

• that any relevant benefit payable to such persons shall not be paid to a qualifying lender (regulation 11(3));

• during the two week or four week run on period, any earnings from the employment which caused the person to be treated as not engaged in remunerative work shall be disregarded (regulation 8) as is the whole of their income (regulation 9) and their capital (regulation 10);

• income support paid to such persons does not qualify for the purpose of entitlement to, or claiming, a back to work bonus (regulation 13).

These Regulations also omit provisions whereby, in income support and jobseeker’s allowance, a lone parent who was previously treated as not engaged in remunerative work, was so treated for a specified period if he ceases to be so engaged in such work within five weeks of commencing it (regulations 3 and 12(a)).

In addition, regulations 6 and 12(b) extend to 52 weeks, certain maximum periods which link, for the purpose of the applicability of housing costs, separate periods of benefit entitlement where a claimant has ceased to be entitled to income support or jobseeker’s allowance because he or his partner has commenced work or certain training for work. Regulation 2 inserts a new definition for these purposes into the Income Support (General) Regulations (Northern Ireland) 1987.

These Regulations 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 Social Security Administration (Northern Ireland) Act 1992 (c. 8), 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.