The Social Security (Young Persons) (Amendment) Regulations (Northern Ireland) 2006

Amendment of the Income Support (General) Regulations N.I.

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(1) shall be amended in accordance with paragraphs (2) to (9).

(2) For regulation 12(2) (relevant education) there shall be substituted the following regulation—

“12.   For the purposes of these Regulations, a person is to be treated as receiving relevant education if he is a qualifying young person within the meaning of section 138(3) of the Contributions and Benefits Act (child and qualifying young person).”.

(3) In regulation 13(2)(4) (circumstances in which persons in relevant education are to be entitled to income support)—

(a) for “aged 16 or over but under 19” there shall be substituted “who is a qualifying young person within the meaning of section 138 of the Contributions and Benefits Act (child and qualifying young person)”; and

(b) for sub-paragraph (b) there shall be substituted the following sub-paragraphs—

“(b) has in his applicable amount the disability premium or severe disability premium;

(bb) has satisfied the provisions of paragraph 7 of Schedule 1B for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;

(bc) he is a person to whom paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000(5) applies;”.

(4) In regulation 14 (persons of a prescribed description)—

(a) in paragraph (1) for “aged 16 or over but under 19 who is treated as a child for the purposes of Article 4 of the Child Benefit (Northern Ireland) Order 1975 (meaning of child)” there shall be substituted “who falls within the definition of qualifying young person in section 138 of the Contributions and Benefits Act (child and qualifying young person)”; and

(b) paragraph (2)(a)(6) shall be omitted.

(5) In regulation 54 (interpretation for liable relatives) in the definition of “young claimant” for “19” there shall be substituted “20”.

(6) In regulation 61(1) (interpretation for students) in the definition of “full-time student”(7) for “means a person,” there shall be substituted “means a person who is not a qualifying young person or child within the meaning of section 138 of the Contributions and Benefits Act (child and qualifying young person) and”.

(7) In Schedule 1B(8) (prescribed categories of person)—

(a) in paragraph 15 (persons in education) for “severely handicapped persons” there shall be substituted “disabled persons, persons with limited leave to enter or remain”;

(b) before paragraph 28 there shall be inserted the heading “Persons engaged in training”; and

(c) in paragraph 28—

(i) after “A person who is” there shall be inserted “not a qualifying young person or child within the meaning of section 138 of the Contributions and Benefits Act (child and qualifying young person), and who is”, and

(ii) for “Department of Economic Development” there shall be substituted “Department for Employment and Learning”(9).

(8) In Schedule 2 (applicable amounts) in paragraph 2(1)(b)(10) in column (1) for “nineteenth” there shall be substituted “twentieth”.

(9) In Schedule 10 (capital to be disregarded) in paragraph 59(11), in sub-paragraphs (2)(c)(ii)(bb) and (4)(c)(ii)(bb) for “19” there shall be substituted “20”.

Commencement Information

I1 Reg. 2(1)-(7),(9) in operation at 10.4.2006, see reg. 1(1)(b)

I2 Reg. 2(8) in operation at 10.4.2006, see reg. 1(1)(a)

(1)

S.R. 1987 No. 459; relevant amending rules are S.R. 1988 No. 318, S.R 1989 No. 249, S.R 1990 No. 131, S.R. 1991 No. 338, S.R. 1992 No. 403, S.R. 1993 No. 373, S.R. 1996 Nos. 199 and 476, S.R. 1999 No. 382, S.R. 2000 No. 241, S.R. 2001 No. 150, S.R. 2003 No. 195, S.R. 2005 Nos. 319 (C. 23) and 458 and S.R. 2006 No. 109

(2)

Regulation 12 was substituted by regulation 5 of S.R. 1990 No. 131 and amended by regulation 4(4) of S.R. 1992 No. 403 and regulation 4(4) of S.R. 1993 No. 373

(3)

Section 138 was substituted by section 2(2) of the Child Benefit Act 2005 (c. 6); see also regulation 2 of S.I. 2006/223

(4)

Regulation 13(2) was amended by regulation 4 of S.R. 1989 No. 249 and regulation 6(a) of S.R. 1991 No. 338

(5)

S.R. 2000 No. 71

(6)

Paragraph (2) was substituted by paragraph 2 of Schedule 1 to S.R. 2005 No. 319 (C. 23)

(7)

Regulation 61 was renumbered as regulation 61(1) by regulation 3(3), and the definition of “full-time student” was inserted by regulation 3(3)(a), of S.R. 2000 No. 241

(8)

Schedule 1B was inserted by regulation 22 of, and Schedule 1 to, S.R. 1996 No. 199

(9)

See Article 4(b) of S.R. 1999 No. 481 and section 1 of the Department for Employment and Learning Act (Northern Ireland) 2001 (c. 15 (N.I.))

(10)

Sub-paragraph (1) was amended by regulation 18 of S.R. 1988 No. 318, regulation 2 of S.R. 1996 No. 476, regulation 2(1)(b) of S.R. 1999 No. 382 and Article 16(3) of S.R. 2006 No. 109; the omission of paragraph 2 by paragraph 20(a) of Schedule 1 to S.R. 2003 No. 195 does not have effect where regulation 1(3) of S.R. 2003 No. 195 applies and paragraph 2 continues to have effect in relation to any person who has not been awarded, or whose partner has not been awarded, a child tax credit

(11)

Paragraph 59 was inserted by regulation 2(1) of S.R. 2001 No. 150 and amended by paragraph 13 of Schedule1 to S.R. 2005 No.458