The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 and, subject to paragraphs (2) and (3), shall come into operation on 14th April 2008.

(2) This regulation and regulations 2(6), (16)(b) and (17)(c), 4(10), (15)(a) and (16)(b), 6(3) and (6)(a) and (7)(b), in so far as they relate to a particular beneficiary, shall come into operation on the first day of the first benefit week to commence for that beneficiary on or after 7th April 2008.

(3) Regulation 4(13)(a) and (b) in so far as it relates to a particular beneficiary, shall come into operation on 7th April 2008, immediately after Article 22(3) of and Schedule 10 to the Social Security Benefits Up-rating Order (Northern Ireland) 2008(1) comes into operation.

(4) In paragraph (2) “benefit week” has the same meaning as in—

(a) regulation 2(1)(2) of the Income Support (General) Regulations (Northern Ireland) 1987(3) so far as it relates to regulations 2(6) and (16)(b) and (17)(c);

(b) regulation 1(2)(4) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(5), so far as it relates to regulations 4(10), (15)(a) and (16)(b); and

(c) regulation 2(1) of the Housing Benefit Regulations (Northern Ireland) 2006(6) in so far as it relates to regulations 6(3), (6)(a) and (7)(b).

(5) The Interpretation Act (Northern Ireland) 1954(7) shall apply to these Regulations as it applies to an Act of the Assembly.

Commencement Information

I1 Reg. 1 in operation at 7.4.2008 coming into force in accordance with reg. 1(2)

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

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (17).

(2) In regulation 2(1) (interpretation)(8) omit the definition of “Preparation for Employment Programme for 50 plus”.

(3) In regulation 5(5)(9) (persons treated as engaged in remunerative work) for “35(1)(b) to (d) and (j)” substitute “35(1)(b) and (d)”.

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

(a) in paragraph (2)(10) after “a person who” insert “(subject to paragraph (2A))”; and

(b) after paragraph (2) insert—

“(2A) For the purposes of paragraph (2)—

(a) the eligible person shall be treated as satisfying the condition prescribed in regulation 8 of the Child Benefit (General) Regulations 2006(11) (child benefit not payable in respect of qualifying young person: other financial support);

(b) where sub-paragraphs (c) to (e) apply, the eligible person shall be treated as satisfying the condition prescribed in regulation 5(2)(e) and (f) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds).”.

(5) In regulation 29 (calculation of earnings derived from employed earner’s employment and income other than earnings)—

(a) for sub-paragraph (2)(a)(12) substitute—

“(a) where the payment is monthly, a period equal to the number of weeks from the date on which the payment is treated as paid to the date immediately before the date on which the next monthly payment would have been so treated as paid whether or not the next monthly payment is actually paid;

(aa) where the payment is in respect of a period which is not monthly, a period equal to the length of the period for which payment is made;”; and

(b) omit paragraphs (4B) and (4D)(b)(13).

(6) In regulation 30 (calculation of earnings of self-employed earners)—

(a) in paragraph (2) for “royalties or sums paid periodically for or in respect of any copyright” substitute “any items to which paragraph (2A) applies”; and

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In regulation 35 (earnings of employed earners) omit paragraphs (1)(j)(i), (1A) and paragraph (3)(b)(14).

(8) In regulation 42 (notional income) omit paragraph 4ZA(c)(ia)(15).

(9) In each of the following provisions omit “or in the Preparation for Employment Programme for 50 plus”—

(a) regulation 42(6A)(b)(i)(16) (notional income); and

(b) in Schedule 3 (housing costs)—

(i) paragraph 4(4A)(a)(17), and

(ii) paragraph 14(1)(ee)(i), (3ZA)(a) and (3B)(18).

(10) In regulation 48 (income treated as capital) omit paragraph (11)(19).

(11) In regulation 51 (notional capital) omit paragraph (3A)(b)(ia)(20).

F2 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) In Schedule 1B (prescribed categories of person) omit paragraphs 26 and 27(21).

(14) In Schedule 2 (applicable amounts) in paragraph 7(1)(b)(22) for “Department of Economic Development” substitute “ Department for Employment and Learning(23)”.

(15) In Schedule 3 (housing costs)—

(a) in paragraph 14(12)(c)(ii)(24) omit the word “or”; and

(b) omit paragraph 14(12)(c)(iii)(25).

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

(a) in paragraph 4A(26) for “statutory sick pay under Part 1 of the Social Security and Housing Benefits Act 1982” substitute “ statutory sick pay under Part XI of, or ”;

(b) for paragraph 28(27) substitute—

“28.— (1)  Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children or powers to grant financial assistance to persons looked after or in, or formerly in, its care).

(2) Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order to a person (“A”) which A passes on to the claimant.

(3) Sub-paragraphs (1) and (2) are subject to the following provisions.

(4) Neither of those sub-paragraphs applies where the claimant is a person—

(a) to whom section 125 of the Contributions and Benefits Act (trade disputes) applies; or

(b) in respect of whom section 122(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 126 of that Act (effect of return to work).

(5) Sub-paragraph (2) applies only where A—

(a) was formerly in the claimant’s care, and

(b) is aged 18 or over, and

(c) continues to live with the claimant.”;

(c) omit paragraphs 41 and 42(28); and

(d) in paragraph 46(29) omit “a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge) or reduction of”.

(17) In Schedule 10 (capital to be disregarded)—

(a) in paragraph 7(1) for head (b)(30) substitute—

“(b) an income-related benefit or an income-based jobseeker’s allowance, child tax credit or working tax credit under Part 1 of the Tax Credits Act 2002(31).”;

(b) in paragraph 10 omit “supplementary benefit or”;

(c) for paragraph 17(32) substitute—

“17.— (1) Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children and powers to grant financial assistance to persons looked after or in, or formerly in, its care).

(2) Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order to a person (“A”) which A passes on to the claimant.

(3) Sub-paragraphs (1) and (2) are subject to the following provisions.

(4) Neither of those sub-paragraphs applies where the claimant is a person—

(a) to whom section 125 of the Contributions and Benefits Act (trade disputes) applies; or

(b) in respect of whom section 122(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 126 of that Act (effect of return to work).

(5) Sub-paragraph (2) applies only where A—

(a) was formerly in the claimant’s care, and

(b) is aged 18 or over, and

(c) continues to live with the claimant.”;

(d) omit paragraphs 32 and 33(33); and

(e) in paragraph 36(34) omit “a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (reduction of liability for personal community charge) or reduction of”.

Textual Amendments

F1 Reg. 2(6)(b) revoked (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/92), reg. 1(1), Sch.

F2 Reg. 2(12) revoked (25.1.2010) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/6), reg. 1(2), Sch. Pt. 1 (with reg. 2(2)-(4))

Commencement Information

I2 Reg. 2(1)-(5)(7)-(15)(16)(a)(c)(d)(17)(a)(b)(d)(e) in operation at 14.4.2008, see reg. 1(1)

I3 Reg. 2(1)-(5), (7)-(15), (16)(a)(c)(d)(17)(a)(b)(d)(e) in operation at 14.4.2008, see reg. 1(1)

Amendment of the Social Security (Claims and Payments) Regulations N.I.

3.  In paragraph 5 of Schedule 8A of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(35) (deductions from benefits and direct payments to third parties)—

(a) in sub-paragraph (1)(c) at the beginning insert “except where sub-paragraph (1A) applies”;

(b) after sub-paragraph (1) insert—

“(1A) This sub-paragraph applies where the rent includes charges for services included under paragraph 4A(1)(d) and the arrears for these services exceed £100.00.”; and

(c) in sub-paragraphs (2) and (5)(36) for “sub-paragraph (1)” substitute “sub-paragraphs (1) or (1A)”.

Commencement Information

I4 Reg. 3 in operation at 14.4.2008, see reg. 1(1)

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

4.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) to (16).

(2) In regulation 1(2) (interpretation)—

(a) omit the definition of “Preparation for Employment Programme for 50 plus(37)”; and

(b) in the definition of “training allowance” for “Department of Economic Development” in both places where it occurs substitute “Department for Employment and Learning”.

(3) In regulation 14(1)(ja)(38) (circumstances in which a person is to be treated as available) for “the Secretary of State for the Home Department with the Trust” substitute “the Scottish Ministers”.

(4) In regulation 15(bc)(39) (circumstances in which a person is not to be regarded as available)—

(a) after “ordinary” insert “ or additional”; and

(b) after “107A” insert “ or 107B”.

(5) In regulation 19(1)(ja)(40) (circumstances in which a person is to be treated as actively seeking employment) for “the Secretary of State for the Home Department with the Trust” substitute “the Scottish Ministers”.

(6) In regulation 48(2)(f)(ii)(41) (linking periods) omit “or in the Preparation for Employment Programme for 50 plus”.

(7) In regulation 52(3)(42) (persons treated as engaged in remunerative work) for “98(1)(b) and (c)” substitute “98(1)(c)”.

(8) In regulation 75(4)(43) (interpretation) omit “or the Preparation for Employment Programme for 50 plus”.

(9) For regulation 94(2)(a)(44) (calculation of earnings derived from employed earner’s employment and income other than earnings) substitute—

“(a) where the payment is monthly, a period equal to the number of weeks from the date on which the payment is treated as paid immediately before the date on which the next monthly payment would have been so treated as paid whether or not the next monthly payment is actually paid;

(aa) where the payment is in respect of a period which is not monthly, a period equal to the length of the period for which payment is made;”.

(10) In regulation 95 (calculation of earnings of self-employed earners)—

(a) in paragraph (2)(45) for “royalties or sums paid periodically for or in respect of any copyright” substitute “any items to which paragraph (2A) applies”; and

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) In regulation 105 (notional income)—

(a) omit paragraph (10A)(c)(ia)(46) and

(b) in paragraph (13A)(b)(i)(47) omit “in the Preparation for Employment Programme for 50 plus or”.

(12) In regulation 113(3A) (notional capital) omit sub-paragraph (b)(ia)(48).

(13) In Schedule 1 (applicable amounts)—

(a) for paragraph 1(3)(e)(49) for the entry in Column (1) substitute—

“(e) where—

(i) both members are aged not less than 18, or

(ii) one member is aged not less than 18 and the other member is a person who is—

(aa) under 18, and

(bb) treated as being responsible for a child;”;

(b) in paragraph 1(3)(f) in Column (1) after “where” insert “paragraph (e) does not apply and”; and

(c) in paragraph 8(1)(b)(50) for “Department of Economic Development” substitute “Department for Employment and Learning”.

(14) In Schedule 2 (housing costs)—

(a) in paragraphs 4(4A)(a), 13(1)(ee)(i) and (3A)(a)(51) omit “or in the Preparation for Employment Programme for 50 plus”; and

(b) in paragraph 13(14) omit head (c)(iii)(52).

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

(a) for paragraph 29(53) substitute—

“29.— (1) Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children or powers to grant financial assistance to persons looked after or in, or formerly in, its care).

(2) Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order to a person (“A”) which A passes on to the claimant.

(3) Sub-paragraphs (1) and (2) are subject to the following provisions.

(4) Neither of those sub-paragraphs applies where the claimant is a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes).

(5) Sub-paragraph (2) applies only where A—

(a) was formerly in the claimant’s care, and

(b) is aged 18 or over, and

(c) continues to live with the claimant.”; and

(b) in paragraph 45(54) omit “a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates etc (Scotland) Act 1987 (reduction of liability for personal community charges) or reduction of”.

(16) In Schedule 7 (capital to be disregarded)—

(a) in paragraph 12(1)(b)(55) omit “working families’ tax credit under section 127 of that Act, disabled person’s tax credit under section 128 of that Act,”;

(b) for paragraph 22(56) substitute—

“22.— (1) Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children and powers to grant financial assistance to persons looked after or in, or formerly in, its care).

(2) Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order to a member of the claimant’s household (“A”) which A passes on to the claimant.

(3) Sub-paragraphs (1) and (2) are subject to the following provisions.

(4) Neither of those paragraphs applies where the claimant is a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes).

(5) Sub-paragraph (2) only applies where A—

(a) was formerly in the claimant’s care, and

(b) is aged 18 or over, and

(c) continues to live with the claimant.”;

(c) in paragraph 35(57) omit “a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates etc. (Scotland) Act 1987 (reduction of liability for personal community charge) or reduction of” and

(d) in paragraph 40(58) for “Department of Economic Development” substitute “Department for Employment and Learning”.

Textual Amendments

F3 Reg. 4(10)(b) revoked (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/92), reg. 1(1), Sch.

Commencement Information

I5 Reg. 4(1)-(9), (11)(12)(13)(c)(15)(b)(16)(a)(c)(d) in operation at 14.4.2008, see reg. 1(1)

I6 Reg. 4(10)(15)(a)(16)(b) in operation at 7.4.2008 coming into force in accordance with reg. 1(2), see reg. 1(2)

I7 Reg. 4(13)(a)(b) in operation at 7.4.2008 coming into force in accordance with reg. 1(3), see reg. 1(3)

Amendment of the State Pension Credit Regulations N.I.

5.  In paragraph 5(5)(a) of Schedule 2 to the State Pension Credit Regulations (Northern Ireland) 2003(59) (housing costs) omit “or in the Preparation for Employment Programme for 50 plus”.

Commencement Information

I8 Reg. 5 in operation at 14.4.2008, see reg. 1(1)

Amendment of the Housing Benefit Regulations N.I.

6.—(1) The Housing Benefit Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation) omit the definition of “Preparation for Employment Programme for 50 plus”.

(3) In regulation 34 (earnings of self-employed earners) after paragraph (2) add—

“(3) This paragraph applies to—

(a) royalties;

(b) sums paid periodically for or in respect of any copyright;

(c) payments in respect of any book registered under the Public Lending Right Scheme 1982.

(4) Where the claimant’s earnings consist of any items to which paragraph (3) applies, those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the earnings by the amount of housing benefit which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from the payment under Schedule 5 (sums to be disregarded in the calculation of earnings) as appropriate in the claimant’s case.”.

(4) Omit regulation 39(7)(c)(ii) (notional income) and regulation 46(4)(b)(ii) (notional capital).

(5) In regulation 39(10)(b)(i) (notional income) omit “or in the Preparation for Employment Programme for 50 plus”

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

(a) after paragraph 29 insert—

“29A.— (1)  Subject to sub-paragraph (2), any payment (or part of a payment) made by an authority as defined in Article 2 of the Children Order, in accordance with Article 34D of that Order to a person (“A”) which A passes on to the claimant.

(2) Sub-paragraph (1) applies only where A—

(a) was formerly in the claimant’s care, and

(b) is aged 18 or over, and

(c) continues to live with the claimant.”;

(b) omit paragraphs 39 and 50; and

(c) in paragraph 43(60) omit “, as the case may be,”.

(7) In Schedule 7 (capital to be disregarded)—

(a) for paragraph 9(1)(b) substitute—

“(b) an income-related benefit under Part VII of the Act;”;

(b) after paragraph 20 insert—

“20A.— (1) Subject to sub-paragraph (2), any payment (or part of a payment) made by an authority as defined in Article 2 of the Children Order, in accordance with Article 34D of that Order, to a person (“A”) which A passes on to the claimant.

(2) Sub-paragraph (1) applies only where A—

(a) was formerly in the claimant’s care, and

(b) is aged 18 or over, and

(c) continues to live with the claimant.”; and

(c) omit paragraph 30.

Commencement Information

I9 Reg. 6(1)(2)(4)(5)(6)(b)(c)(7)(a)(c) in operation at 14.4.2008, see reg. 1(1)

I10 Reg. 6(3)(6)(a)(7)(b) in operation at 7.4.2008 coming into force in accordance with reg. 1(2), see reg. 1(2)

Revocations N.I.

7.  The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).

Commencement Information

I11 Reg. 7 in operation at 14.4.2008, see reg. 1(1)

Sealed with the Official Seal of the Department for Social Development on 12th March 2008

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulation 6.

Sealed with the Official Seal of the Department of Finance and Personnel on 12th March 2008

(L.S.)

Adrian Arbuthnot

A senior officer of the Department of Finance and Personnel