The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007

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 (8).

(2) In regulation 1(2) (interpretation) after the definition of “war widower’s pension”(2) insert—

““water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home;”.

(3) In regulation 105(10)(a) (notional income) at the end of head (ii)(3) add “, or is used for any water charges for which that claimant or partner is liable”.

(4) In regulation 113(3)(a) (notional capital) at the end of head (ii)(4) add “, or is used for any water charges for which that claimant or partner is liable”.

(5) In regulations 136A(3)(5) (treatment of payments from access funds) for “shall be disregarded as income to the extent of £20 per week” substitute “and any payments from access funds which are used for any water charges for which that claimant or partner is liable shall be disregarded as income to the extent of £20 per week”.

(6) In regulation 138(3)(6) (income treated as capital) for “shall be disregarded as capital but only for a period of 52 weeks from the date of the payment” substitute “or which is used for an item other than any water charges for which that claimant or partner is liable shall be disregarded as capital but only for a period of 52 weeks from the date of the payment”.

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

(a) in paragraph 14(7) at the end of sub-paragraph (2) add “or any water charges for which the claimant or member is liable”;

(b) in paragraph 23—

(i) in sub-paragraph (2)(b) after “rates” insert “or water charges”, and

(ii) after sub-paragraph (2) insert—

“(2A) The definition of “water charges” in regulation 1(2) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.”; and

(c) in paragraph 65(8) at the end of sub-paragraph (2) add “or any water charges for which that claimant or member is liable”.

(8) In Schedule 7 (capital to be disregarded) in paragraph 49(9) at the end of sub-paragraph (2) add “, or any water charges for which that claimant or member is liable”.

Commencement Information

I1 Reg. 4 in operation at 2.4.2007, see reg. 1(1)

(1)

S.R. 1996 No. 198; relevant amending Regulations are S.R. 1999 No. 342, S.R. 2000 Nos. 242 and 350, S.R. 2002 Nos. 128 and 132, S.R. 2003 No. 195, S.R. 2004 No. 143, S.R. 2005 No. 536 and S.R. 2007 No. 154

(2)

The definition of “war widower’s pension” was inserted by regulation 4(2) of S.R. 2002 No. 128 and amended by Article 2(3) of, and paragraph 23(2)(d) of Schedule 3 to, S.R. 2005 No. 536

(3)

Head (ii) was amended by regulation 2(5) of, and paragraph 42 of Schedule 2 to, S.R. 2000 No. 350 and regulation 3 of, and paragraph 10(c)(iv) of Schedule 2 to, S.R. 2003 No. 195 (except in a case where regulation 1(7) of those Regulations applies)

(4)

Head (ii) was amended by regulation 2(5) of, and paragraph 44 of Schedule 2 to, S.R. 2000 No. 350, regulation 2(2) of, and paragraph 11 of Part II of the Schedule to, S.R. 2002 No. 132 and regulation 3 of, and paragraph 13(a)(iv) of Schedule 2 to, S.R. 2003 No. 195 (except in a case where regulation 1(7) of those Regulations applies)

(5)

Regulation 136A was inserted by regulation 3(7) of S.R. 2000 No. 242 and amended by regulation 2(2) of, and paragraph 12 of Part II of the Schedule to, S.R. 2002 No. 132, regulation 3 of, and paragraph 17 of Schedule 2 to, S.R. 2003 No. 195 (except in a case where regulation 1(7) of those Regulations applies) and regulation 3(6) of S.R. 2007 No. 154

(6)

Regulation 138 was amended by regulation 3(8) of S.R. 2000 No. 242, regulation 2(2) of, and paragraph 13 of Part II of the Schedule to, S.R. 2002 No. 132, regulation 3 of, and paragraph 17 of Schedule 2 to, S.R. 2003 No. 195 (except in a case where regulation 1(7) of those Regulations applies) and regulation 3(7) of S.R. 2007 No. 154

(7)

Paragraph 14 was substituted by regulation 4(3)(a) of S.R. 2004 No. 143

(8)

Paragraph 65 was added by regulation 6(4) of S.R. 1999 No. 342 and amended by regulation 2(2) of, and paragraph 23(g) of Part II of the Schedule to, S.R. 2002 No. 132

(9)

Paragraph 49 was added by regulation 6(5) of S.R. 1999 No. 342 and amended by regulation 2(2) of, and paragraph 24 of Part II of the Schedule to, S.R. 2002 No. 132