The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2004

Amendment of the Income Support Regulations in relation to income and capital disregards

2.—(1) The Income Support Regulations shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation) the definition of “ERA payment”(1) shall be omitted.

(3) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) –

(a) for paragraph 13(2) there shall be substituted the following paragraph –

“13.— (1) Any payment made pursuant to section 1 or 3 of the Employment and Training Act (Northern Ireland) 1950(3) except a payment –

(a) made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;

(b) of an allowance referred to in section 1(1B) of the Employment and Training Act (Northern Ireland) 1950;

(c) intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects; or

(d) made in respect of the cost of living away from home to the extent that the payment relates to rent or rates or, as the case may be, both for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home.

(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 17(1)(e) (applicable amounts) or 18(1)(f) (polygamous marriages), of the claimant or, where the claimant is a member of a family, any other member of his family.

(3) For the purposes of this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.”;

(b) in paragraph 51(4) omit from “or in accordance with” to “Act (Northern Ireland) 1950”;

(c) in paragraph 68(5) omit from “or any payment” to “Act (Northern Ireland) 1950”;

(d) paragraphs 60, 60A, 61 and 64 and 73(6) shall be omitted.

(4) In Schedule 10 (capital to be disregarded) –

(a) for paragraph 30(7) there shall be substituted the following paragraph –

“30.   Any payment made pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950, but only for the period of 52 weeks beginning on and including the date of receipt of the payment.”;

(b) in paragraph 42(8) omit –

(i) “, or a training bonus paid under section 3(3) of the Employment and Training Act (Northern Ireland) 1950”, and

(ii) from “or in accordance with” to “Act (Northern Ireland) 1950”;

(c) paragraphs 48, 48A, 49, 51 and 65(9) shall be omitted.

(1)

Definition of “ERA payment” was inserted by regulation 2(2) of S.R. 2003 No. 417

(2)

Paragraph 13 was substituted by regulation 3(8)(b) of S.R. 1990 No. 387 and amended by regulation 17(7)(b) of S.R. 1997 No. 541 and regulation 13(11)(b) of S.R. 2001 No. 151

(3)

1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8)) and section 3 was amended by Article 16 of and Part I of Schedule 4 to the Social Security (Northern Ireland) Order 1980 (S.I. 1980/870 (N.I. 8)) and Article 35 of and paragraph 1 of Schedule 3 to the Industrial Training (Northern Ireland) Order 1984 (S.I. 1984/1159 (N.I. 9))

(4)

Paragraph 51 was added by regulation 13(b) of S.R. 1992 No. 147

(5)

Paragraph 68 was added by regulation 2(10) of S.R. 1999 No. 381 and amended by regulation 3(4) of S.R. 2001 No. 134 and prospectively amended by paragraph 23(e) of Schedule 1 to S.R. 2003 No. 195 and regulation 2(d)(iii) of S.R. 2003 No. 367

(6)

Paragraph 60 was substituted by regulation 13(12) and (13)(b) of S.R. 2001 No. 151; paragraph 60A was inserted by regulation 3(3) of S.R. 2002 No. 275; paragraph 61 was added by regulation 17(9) and (10)(a) of S.R. 1997 No. 541; paragraph 64 was added by regulation 4(4) of S.R. 1998 No. 326 and amended by regulation 2(c)(ii) of S.R. 2001 No. 105 and paragraph 73 was added by regulation 2(4)(c) of S.R. 2003 No. 417

(7)

Paragraph 30 was substituted by regulation 3(9) of S.R. 1990 No. 387 and amended by regulation 4(23) of S.R. 1993 No. 373

(8)

Paragraph 42 was added by regulation 14(b) of S.R. 1992 No. 147

(9)

Paragraph 48 was substituted by regulation 13(14) and (15)(b) of S.R. 2001 No. 151; paragraph 48A was inserted by regulation 3(4) of S.R. 2002 No. 275; paragraph 49 was added by regulation 17(11) and (12)(a) of S.R. 1997 No. 541 and paragraph 65 was added by regulation 2(5)(b) of S.R. 2003 No. 417