The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2003

Amendment of the Jobseeker’s Allowance Regulations

4.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(1) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (interpretation), after the definition of “employment-related course” there shall be inserted the following definition –

““ERA payment” means a payment made in respect of participation in the Employment Retention and Advancement Scheme for the provision of assistance to individuals to improve their job retention or career advancement (or both) under section 2 of the Employment and Training Act 1973;”.

(3) In Schedule 1 (applicable amounts) –

(a) in paragraph 17 (carer premium) –

(i) sub-paragraph (2) shall be omitted;

(ii) in sub-paragraph (3)(b)(2) “or ceases to be treated as entitled” shall be omitted;

(iii) in sub-paragraph (3A)(3) –

(aa) in head (a) before “the Sunday” there shall be inserted “where sub-paragraph (3)(a) applies,”;

(bb) head (b) shall be omitted;

(iv) in sub-paragraph (4)(4) –

(aa) head (b) shall be omitted;

(bb) for head (c) there shall be substituted the following head –

“(c) in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.”;

(b) in paragraph 20J(5) –

(i) in sub-paragraph (1)(6) “and in receipt of” shall be omitted;

(ii) sub-paragraph (2) shall be omitted;

(iii) in sub-paragraph (3)(b)(7) “or ceases to be treated as entitled” shall be omitted;

(iv) in sub-paragraph (3A)(8) –

(aa) in head (a) before “the Sunday” there shall be inserted “where sub-paragraph (3)(a) applies,”;

(bb) head (b) shall be omitted;

(v) in sub-paragraph (4)(9) –

(aa) head (b) shall be omitted;

(bb) for head (c) there shall be substituted the following head –

“(c) in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.”.

(4) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) –

(a) in paragraph 26 –

(i) in sub-paragraph (1)(b)(10) after “(permitted allowances)” there shall be inserted “or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002”;

(ii) after sub-paragraph (1) there shall be inserted the following sub-paragraph –

“(1A) Any payment, other than a payment to which sub-paragraph (1)(b) applies, made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.”;

(b) for paragraph 68(11) there shall be substituted the following paragraph –

“68.   Any payment made by the Northern Ireland Housing Executive to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.”;

(c) after paragraph 68 there shall be inserted the following paragraph –

“69.   Any ERA payment.”.

(5) In Schedule 7 (capital to be disregarded) –

(a) for paragraph 55(12) there shall be substituted the following paragraph –

“55.   Any payment made by the Northern Ireland Housing Executive to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.”;

(b) after paragraph 55 there shall be added the following paragraphs –

“56.   Any payment made under Article 15A of the Health and Personal Social Services (Northern Ireland) Order 1972.

57.   Any payment made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.

58.   Any ERA payment but only for a period of 52 weeks from the date of receipt of that payment.”.

(1)

S.R. 1996 No. 198; relevant amending Regulations are S.R. 1998 No. 2, S.R. 2000 Nos. 74 and 350, S.R. 2002 Nos. 322 and 323 and S.R. 2003 Nos. 154 and 195

(2)

Sub-paragraph (3) was substituted by regulation 3(a)(i) of S.R. 2002 No. 322 and amended by paragraph 1(n) of the Schedule to S.R. 2002 No. 323

(3)

Sub-paragraph (3A) was inserted by regulation 3(a)(i) of S.R. 2002 No. 322 and amended by paragraph 1(n) of the Schedule to S.R. 2002 No. 323

(4)

Sub-paragraph (4) was substituted by regulation 4(3)(b)(iii) of S.R. 2000 No. 74 and amended by regulation 3(a)(ii) of S.R. 2002 No. 322 and paragraph 1(n) of the Schedule to S.R. 2002 No. 323

(5)

Paragraph 20J was inserted by paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350

(6)

Sub-paragraph (1) was amended by paragraph 1(n) of the Schedule to S.R. 2002 No. 323

(7)

Sub-paragraph (3) was substituted by regulation 3(b)(i) of S.R. 2002 No. 322 and amended by paragraph 1(n) of the Schedule to S.R. 2002 No. 323

(8)

Sub-paragraph (3A) was substituted by regulation 3(b)(i) of S.R. 2002 No. 322 and amended by paragraph 1(n) of the Schedule to S.R. 2002 No. 323

(9)

Sub-paragraph (4) was amended by regulation 3(b)(ii) of S.R. 2002 No. 322 and paragraph 1(n) of the Schedule to S.R. 2002 No. 323

(10)

Sub-paragraph (1) is prospectively amended by paragraph 23(c) of Schedule 2 to S.R. 2003 No. 195 and head (b) was substituted by regulation 8(7)(a) of S.R. 1998 No. 2

(11)

Paragraph 68 was added by regulation 3(3) of S.R. 2003 No. 154

(12)

Paragraph 55 was added by regulation 3(4)(b) of S.R. 2003 No. 154