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

Amendment of the Jobseeker’s Allowance Regulations N.I.

4.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(1) shall be amended in accordance with paragraphs (2) to (11).

(2) In regulation 1(2) (citation, commencement and interpretation) in the definition of “full-time student” after “training allowance” there shall be inserted “or a person who is a qualifying young person or child within the meaning of section 138 of the Benefits Act (child and qualifying young person)”.

(3) In regulation 3C(1)(c)(2) (entitlement of a new joint-claim couple to a jobseeker’s allowance) for “no longer receiving full-time education for the purposes of section 138 of the Benefits Act” there shall be substituted “not qualifying young persons within the meaning of section 138 of the Benefits Act (child and qualifying young person)”.

(4) In regulation 54 (relevant education) for paragraph (2) there shall be substituted the following paragraph—

“(2) A child or young person shall be treated as receiving full-time education where he is a qualifying young person or child within the meaning of section 138 of the Benefits Act (child and qualifying young person).”.

(5) In regulation 57 (interpretation of Part IV) for the definition of “child benefit extension period” there shall be substituted the following definition—

““child benefit extension period” means the extension period within the meaning of regulation 5(3) of the Child Benefit (General) Regulations 2006(3) (extension period: 16 and 17 year olds);”.

(6) In regulation 76 (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 section 138 of the Benefits Act (meaning of child)” there shall be substituted “who falls within the definition of qualifying young person in section 138 of the Benefits Act (child and qualifying young person)”; and

(b) paragraph (2)(a)(4) shall be omitted.

(7) In regulation 117 (interpretation for liable relatives) in the definition of “young claimant” for “19” there shall be substituted “20”.

(8) In regulation 168 (persons in receipt of a training allowance)—

(a) in paragraph (1) after “within paragraph (2)” there shall be inserted “and is not a qualifying young person or child within the meaning of section 138 of the Benefits Act (child and qualifying young person)”; and

(b) in paragraph (2) for “Department of Economic Development” there shall be substituted “Department for Employment and Learning”.

(9) In Schedule A1(5) (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order)—

(a) in paragraph 2(6) (member studying full-time) in sub-paragraphs (1)(a), (1A)(b)(i) and (2)(b)(i) for “aged 16 or over but under 19 and is receiving full-time education for the purposes of ” there shall be substituted “a qualifying young person within the meaning of ”; and

(b) in paragraph 16 (young persons in training)—

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

(ii) for “Department of Higher and Further Education, Training and Employment” there shall be substituted “Department for Employment and Learning”.

(10) In Schedule 1 (applicable amounts) in paragraph 2(1)(b)(7) in column (1) for “nineteenth” there shall be substituted “twentieth”.

(11) In Schedule 7 (capital to be disregarded) in paragraph 52(8), in sub-paragraphs (2)(c)(ii)(bb) and (4)(c)(ii)(bb) for “19” there shall be substituted “20”.

Commencement Information

I1 Reg. 4(1)-(9),(11) in operation at 10.4.2006, see reg. 1(1)(b)

I2 Reg. 4(10) in operation at 10.4.2006, see reg. 1(1)(a)

(1)

S.R. 1996 No. 198; relevant amending rules are S.R. 1996 No. 476, S.R. 1999 No. 382, S.R. 2000 No. 350, S.R. 2001 Nos. 120 and 150, S.R. 2003 No. 195, S.R. 2005 Nos. 319 (C. 23) and 458 and S.R. 2006 No. 109

(2)

Regulation 3C was inserted by regulation 2(2) of S.R. 2000 No. 350

(3)

S.I. 2006/223

(4)

Paragraph (2) was amended by paragraph 2 of Schedule 3 to S.R. 2005 No. 319 (C. 23)

(5)

Schedule A1 was inserted by Schedule 1 to S.R. 2000 No. 350

(6)

Paragraph 2 was substituted by regulation 2(6) of S.R. 2001 No. 120

(7)

Sub-paragraph (1) was inserted by regulation 2 of S.R. 1996 No. 476 and amended by regulation 2(1)(b) of S.R. 1999 No. 382 and Article 22(3) of S.R. 2006 No. 109; the omission of paragraph 2 by paragraph 20(a) of Schedule 2 to S.R. 2003 No. 195 does not have effect where regulation 1(7) 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

(8)

Paragraph 52 was inserted by regulation 2(1) of S.R. 2001 No. 150 and amended by paragraph 15 of Schedule 3 to S.R. 2005 No. 458