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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to:

• the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”);

• the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (“the Claims and Payments Regulations”);

• the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”);

• the State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”); and

• the Housing Benefit Regulations (Northern Ireland) 2006 (“the Housing Benefit Regulations”).

Regulations 2 and 4 to 6 amend the Income Support Regulations, the Jobseeker’s Allowance Regulations, the State Pension Credit Regulations and the Housing Benefit Regulations to remove references to an obsolete scheme known as the Preparation for Employment Programme for 50 plus.

Regulations 2, 4 and 6 amend the Income Support Regulations, the Jobseeker’s Allowance Regulations and the Housing Benefit Regulations so as to:

• provide for the disregard of payments made by authorities to a person (“A”) formerly in care which are passed on to the person who looked after him and with whom A continues to live ;

• ensure that payments in respect of royalties, copyright and books registered under the Public Lending Right Scheme are treated consistently in the benefits concerned;

• remove obsolete references to benefits no longer in payment.

Regulations 2 and 4 amend the Income Support Regulations and the Jobseeker’s Allowance Regulations so as to clarify:

• how monthly paid income is to be treated;

• certain references to the Department for Employment and Learning.

Regulation 2 amends the Income Support Regulations so as to:

• remove obsolete references to transitional categories of claimants which existed when Income Support was introduced;

• remove an anomaly so that qualifying young persons do not have to claim Jobseeker’s Allowance for a short period at the end of the child benefit extension period.

Regulation 3 amends the Claims and Payments Regulations to ensure that direct payments for arrears of service charges for claimants living in a hostel can be made when the amount of arrears exceeds £100.

Regulation 4 amends the Jobseeker’s Allowance Regulations so as to:

• ensure that, following the introduction of additional adoption leave in April 2007, any person on adoption leave is treated as not available for work;

• amend references to Venture Trust programmes to reflect the fact they are now only funded through the Scottish Ministers;

• remove an inconsistency in the applicable amount payable for a couple, where one member is aged over 18 and the other member is aged under 18 and treated as responsible for a child to ensure that the couple receive the full adult couple rate.

Regulation 7 makes consequential revocations.

In so far as these Regulations are required, for the purposes of regulation 6, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.