The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2007

Amendment of the Jobseeker’s Allowance Regulations

3.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 shall be amended in accordance with paragraphs (2) to (12).

(2) In regulation 1(2) (interpretation) after the definition of “lone parent” insert—

““long-term patient” means a person who—

(a)

is a patient within the meaning of regulation 85(4); and

(b)

has been such a patient for a continuous period of more than 52 weeks;”.

(3) In regulation 3E(2)(d)(1) (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple) for “85” substitute “85A”.

(4) In regulation 105(2) (notional income) for sub-paragraph (h)(2) substitute—

“(h) any sum to which paragraph 41(2)(a) of Schedule 7 (capital to be disregarded) applies which is administered in a way referred to in paragraph 41(1)(a),”.

(5) In regulation 113(3) (notional capital)—

(a) in paragraph (1) for sub-paragraph (c) substitute—

“(c) any sum to which paragraph 41(2)(a) of Schedule 7 (capital to be disregarded) applies which is administered in a way referred to in paragraph 41(1)(a).”; and

(b) in paragraph (2) for sub-paragraph (e) substitute—

“(e) any sum to which paragraph 41(2)(a) of Schedule 7 (capital to be disregarded) applies which is administered in a way referred to in paragraph 41(1)(a),”.

(6) In regulation 136A(4) (treatment of payments from access funds)—

(a) in paragraph (3) omit “(which has the same meaning as in paragraph 15(2) of Schedule 6)”; and

(b) after paragraph (3) insert—

“(3A) In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—

(a) school uniforms, or

(b) clothing or footwear used solely for sporting activities.”.

(7) In regulation 138(5) (income treated as capital)—

(a) in paragraph (3) omit “(which has the same meaning as in paragraph 15(2) of Schedule 6)”; and

(b) after paragraph (3) add—

“(4) In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—

(a) school uniforms, or

(b) clothing or footwear used solely for sporting activities.”.

(8) In Schedule 1 (applicable amounts)—

(a) in paragraph 1(1)(c), (2)(c) and (3)(d) (personal allowances) for “paragraph 13(a)” substitute “paragraph 13(1)(a)”;

(b) in paragraph 12 (higher pensioner premium)—

(i) in sub-paragraph (1)(6), at the beginning, insert “Subject to sub-paragraph (4), ”, and

(ii) after sub-paragraph (3) add—

“(4) The condition is not satisfied if—

(a) the claimant is a single claimant or a lone parent and, in either case, is a long-term patient;

(b) the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c) the claimant is a member of a couple or polygamous marriage and a member of that couple or polygamous marriage is—

(i) a long-term patient, and

(ii) the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) or (c) refers.”;

(c) in paragraph 13 (disability premium)—

(i) renumber paragraph 13 as paragraph 13(1),

(ii) in renumbered sub-paragraph (1), at the beginning, insert “Subject to sub-paragraph (2), ”, and

(iii) after that sub-paragraph add—

“(2) The condition is not satisfied if—

(a) the claimant is a single claimant or a lone parent and, in either case, is a long-term patient;

(b) the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(c) the claimant is a member of a couple or polygamous marriage and a member of that couple or polygamous marriage—

(i) is a long-term patient, and

(ii) is the only member of the couple or polygamous marriage to whom the condition in sub-paragraph (1)(b) or (c) refers.”;

(d) in paragraph 15 (severe disability premium) —

(i) in sub-paragraph (7)(7) for “the date on which the award is made” substitute “the date on which the award is first paid”, and

(ii) in sub-paragraph (9)(8) for “an invalid care allowance” substitute “a carer’s allowance”;

(e) in paragraph 15A(9) (enhanced disability premium) for sub-paragraph (2) substitute—

“(2) The condition is not satisfied if the person to whom sub-paragraph (1) refers is—

(a) a child or young person—

(i) whose capital if calculated in accordance with Part VIII of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000, or

(ii) who is a long-term patient;

(b) a single claimant or a lone parent and, in either case, is a long-term patient;

(c) a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or

(d) a member of a couple or polygamous marriage who is—

(i) a long-term patient, and

(ii) the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers.”;

(f) for paragraph 16(10) (disabled child premium) substitute—

“Disabled Child Premium

16.— (1) Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is—

(a) in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; or

(b) blind or treated as blind within the meaning of paragraph 14(1)(h) and (2).

(2) The condition is not satisfied in respect of a child or young person—

(a) whose capital, if calculated in accordance with Part VIII of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000, or

(b) who is a long-term patient.”;

(g) in paragraph 20(5) (weekly amounts of premiums specified in Part III)—

(i) in head (a) for “paragraph 13(a)” substitute “paragraph 13(1)(a)”, and

(ii) in head (b) for “paragraph 13(b) or (c)” substitute “paragraph 13(1)(b) or (c)”;

(h) in paragraph 20F(11) (higher pensioner premium)—

(i) in sub-paragraph (1), at the beginning, insert “Subject to sub-paragraph (4), ”, and

(ii) after sub-paragraph (3) add—

“(4) The condition is not satisfied if the member of the joint-claim couple to whom sub-paragraph (1) refers is a long-term patient.”;

(i) in paragraph 20G (disability premium)—

(i) renumber paragraph 20G as paragraph 20G(1),

(ii) in renumbered sub-paragraph (1), at the beginning, insert “Subject to sub-paragraph (2), ”, and

(iii) after that sub-paragraph add—

“(2) The condition is not satisfied if—

(a) sub-paragraph (1) only refers to one member of a joint-claim couple and that member is a long-term patient; or

(b) sub-paragraph (1) refers to both members of a joint-claim couple and both members of the couple are long-term patients.”;

(j) in paragraph 20I (severe disability premium)—

(i) in sub-paragraph (6)—

(aa) for “invalid care allowance” substitute “carer’s allowance”, and

(bb) for “the date on which the award is made” substitute “the date on which the award is first paid”, and

(ii) in sub-paragraph (7)(12) for “an invalid care allowance” substitute “a carer’s allowance”;

(k) in paragraph 20IA(13) (enhanced disability premium) for sub-paragraph (2) substitute—

“(2) The condition is not satisfied if—

(a) sub-paragraph (1) only refers to one member of a joint-claim couple and that member is a long-term patient, or

(b) sub-paragraph (1) refers to both members of a joint-claim couple and both members of the couple are long-term patients.”; and

(l) in paragraph 20M(3) (weekly amounts of premiums specified in Part IVA) for “paragraph 20G” substitute “paragraph 20G(1)”.

(9) In Schedule 4 (applicable amounts in special cases)—

(a) in the heading, for “Regulation 85” substitute “Regulations 85 and 85A”;

(b) omit paragraph 1A(14) in Columns (1) and (2); and

(c) omit paragraph 2(15) in Columns (1) and (2).

(10) In Schedule 4A(16) (applicable amounts of joint-claim couples in special cases) omit paragraph 1A in Columns (1) and (2).

(11) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) in paragraph 32(1)(17) for “whether or not the payment is charitable or voluntary” substitute “except a charitable or voluntary payment disregarded under paragraph 15”.

(12) In Schedule 7 (capital to be disregarded) paragraph 41(18) shall be renumbered as paragraph 41(1).

(1)

Regulation 3E(2) was inserted by regulation 2(2) of S.R. 2000 No. 350 and amended by regulation 2(b) of S.R 2002 No. 236

(2)

Regulation 105(2)(h) was inserted by regulation 6 of S.R. 1997 No. 412

(3)

Paragraphs 1(c) and 2(e) were inserted by regulation 6 of S.R. 1997 No. 412

(4)

Regulation 136A was inserted by regulation 3(7) of S.R. 2000 No. 242 and paragraph (3) was amended by paragraph 12 of Part II of the Schedule to S.R. 2002 No. 132 and paragraph 17 of Schedule 2 to S.R. 2003 No. 195 (except in a case where regulation 1(7) of those Regulations applies)

(5)

Regulation 138 was amended by regulation 3(8) of S.R. 2000 No. 242 and paragraph (3) was amended by paragraph 13 of Part II of the Schedule to S.R. 2002 No. 132 and paragraph 17 of Schedule 2 to S.R. 2003 No. 195 (except in a case where regulation 1(7) of those Regulations applies)

(6)

Sub-paragraph (1) was amended by regulation 2(17)(b) of S.R. 1996 No. 503

(7)

Sub-paragraph (7) was amended by regulation 3 of S.R. 2002 No. 323

(8)

Sub-paragraph (9) was added by regulation 5(4)(a) of S.R. 2002 No. 80

(9)

Paragraph 15A was inserted by regulation 4(c)(ii) of S.R. 2000 No. 367 and amended by regulation 5(3) of S.R. 2003 No. 261; sub-paragraph 15A(2)(a) was omitted by paragraph 20(c)(ii) of Schedule 2 to S.R. 2003 No. 195 (except in a case where regulation 1(7) of those Regulations applies)

(10)

Paragraph 16 was omitted by paragraph 20(a) of Schedule 2 to S.R. 2003 No. 195 (except in a case where regulation 1(7) of those Regulations applies)

(11)

Paragraphs 20A to 20M of Schedule 1 were inserted by paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350

(12)

Sub-paragraph (7) was added by regulation 5(4)(b) of S.R. 2002 No. 80

(13)

Paragraph 20IA was inserted by regulation 4(c)(v) of S.R. 2000 No. 367 and amended by regulation 5(3) of S.R. 2003 No. 261

(14)

Paragraph 1A was inserted by regulation 5(5)(b) of S.R. 2005 No. 580

(15)

Paragraph 2 was omitted by paragraph 21(a) of Schedule 2 to S.R. 2003 No. 195 (except in a case where regulation 1(7) of those Regulations applies)

(16)

Schedule 4A was inserted by paragraph 57 of Schedule 2 to S.R. 2000 No. 350 and paragraph 1A was inserted by regulation 5(6)(b) of S.R. 2005 No. 580

(17)

Paragraph 32(1) was amended by paragraph 14(b)(i) of Schedule 3 to S.R. 2005 No. 458 and regulation 13(14)(e) of S.R. 2006 No. 359

(18)

Paragraph 41 was substituted by regulation 13(15)(c) of S.R. 2006 No.359