2008 No. 406

SOCIAL SECURITY

The Social Security (Child Maintenance Amendments) Regulations (Northern Ireland) 2008

Made2nd October 2008

Coming into operation in accordance with regulation 1

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(a), 132(3) and (4)(b) and 171(1), (2) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921 and Articles 14(2) and (4)(b) and 36(2) of the Jobseekers (Northern Ireland) Order 19952, and now vested in it3.

Citation, commencement and interpretationI11

1

These Regulations may be cited as the Social Security (Child Maintenance Amendments) Regulations (Northern Ireland) 2008 and, subject to paragraphs (2) and (3), shall come into operation on 27th October 2008.

2

In so far as they relate to a particular beneficiary, these Regulations shall come into operation on the first day of the benefit week for that beneficiary that includes 27th October 2008.

3

Regulations 2(8) and 3(8) shall come into operation immediately after regulation 4 has come into operation.

4

In this regulation “benefit week” has the same meaning as in—

a

regulation 2(1)4 of the Income Support (General) Regulations (Northern Ireland) 19875, so far as it relates to regulation 2, and

b

regulation 1(2)6 of the Jobseeker’s Allowance Regulations (Northern Ireland) 19967, so far as it relates to regulation 3.

5

The Interpretation Act (Northern Ireland) 19548 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support (General) RegulationsI22

1

The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (9).

F12

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3

In regulation 259 for “(liable relatives)” substitute “(child maintenance and liable relative payments)”.

4

Omit—

a

regulation 25A10 (child support);

b

regulation 60 (liable relative payments to be treated as capital), and

c

in Part 5 the whole of Chapter 7A11 (child support).

5

In Part 5 for the heading to Chapter 7 (liable relatives), substitute “child maintenance and liable relative payments”.

6

In regulation 54 (interpretation)—

F2a

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b

after the definition of “claimant” insert—

“claimant’s family” shall be construed in accordance with section 133(1) of the Contributions and Benefits Act14 (interpretation of Part 7 and supplementary provisions);
“housing costs” means, those costs which may be met under regulation 17(1)(e) or 18(1)(f) (housing costs);

c

in the definition of “liable relative”15 in paragraph (d) for “by virtue of Article 27(3)(c) of the Order (liability to maintain)” substitute “in the circumstances set out in section 74(6)(c) of the Social Security Administration (Northern Ireland) Act 199216 (liability to maintain another person)”;

d

after the definition of “liable relative” insert—

“ordinary clothing and footwear” means clothing and footwear for normal daily use but does not include school uniforms;

e

in the definition of “payment”17—

i

omit “including, except in the case of a discretionary trust, any payment which would be so made or derived upon application being made by the claimant but which has not been acquired by him but only from the date on which it could be expected to be acquired were an application made;”;

ii

for paragraph (e) substitute—

a
made to a third party, or in respect of a third party, unless the payment is—
i
in relation to the claimant or the claimant’s family, and
ii
the payment is in respect of food, ordinary clothing or footwear, fuel, rent, housing costs or water charges;

f

in the definition of “periodical payment”—

i

in paragraph (a) omit “in pursuance of a court order or agreement for maintenance”, and

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7

In regulation 5519 (treatment of liable relative payments) for “except where regulation 60(1) (liable relative payments to be treated as capital) applies” substitute “paragraph 69 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings)”.

8

For regulation 5720 (period over which payments other than periodical payments are to be taken into account) substitute—

Period over which payments other than periodical payments are to be taken into account57
1
The period over which a payment other than a periodical payment (a “non-periodical payment”) is to be taken account shall be determined as follows.
2
Except in a case where paragraph (4) applies, the number of weeks over which a non-periodical payment is to be taken into account shall be equal to the number obtained by dividing that payment by the amount referred to in paragraph (3).
3
The amount is the aggregate of £2 and—
a
the amount of income support that would be payable had no payment been made, and
b
where applicable, the maximum amount of disregard that would apply to the payment under paragraph 69 of Schedule 9.
4
This paragraph applies in a case where a liable relative makes a periodical payment and a non-periodical payment concurrently and the weekly amount of the periodical payment (as calculated in accordance with regulation 58) is less than B.
5
In a case where paragraph (4) applies, the non-periodical payment shall, subject to paragraphs (6) and (7), be taken into account over a period of the number of weeks equal to the number obtained by applying the formula—
$\frac{A}{B - C}$
6
If the liable relative ceases to make periodical payments, the balance (if any) of the non-periodical payment shall be taken into account over the number of weeks equal to the number obtained by dividing that balance by the amount referred to in paragraph (3).
7
If the amount of any subsequent periodical payment varies, the balance (if any) of the non-periodical payment shall be taken into account over a period of the number of weeks equal to the number obtained by applying the formula—
$\frac{D}{B - E}$
8
The period under paragraph (2) or (4) shall begin on the date on which the payment is treated as paid under regulation 59 (date on which a child maintenance or liable relative payment is to be treated as paid) and the period under paragraphs (6) and (7) shall begin on the first day of the benefit week in which the cessation or variation of the periodical payment occurred.
9
Any fraction which arises by applying a calculation or formula referred to in this regulation shall be treated as a corresponding fraction of a week.
10
In paragraphs (4) to (7)—
A = the amount of the non-periodical payment;
B = the aggregate of £2 and the amount of income support that would be payable had the periodical payment not been made and, where applicable, the maximum disregard under paragraph 69 of Schedule 9;
C = the weekly amount of the periodical payment;
D = the balance (if any) of the non-periodical payment, and
E = the weekly amount of any subsequent periodical payment.

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Amendment of the Jobseeker’s Allowance RegulationsI33

1

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) to (9).

F52

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3

In regulation 8921 for “(liable relatives)” substitute “(child maintenance and liable relative payments)”.

4

Omit—

a

regulation 90 (child support);

b

regulation 124 (liable relative payments to be treated as capital), and

c

in Part 8 the whole of Chapter 822 (child support).

5

In Part 8 for the heading to Chapter 7 (liable relatives), substitute “child maintenance and liable relative payments”.

6

In regulation 117 (interpretation)—

F6a

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b

after the definition of “claimant” insert—

“claimant’s family” shall be construed in accordance with Article 2(2) (interpretation) of the Jobseekers (Northern Ireland) Order 1995;
“housing costs” means those costs which may be met under regulation 83(f) or 84(1)(g) (housing costs);

c

after the definition of “liable relative” insert—

“ordinary clothing and footwear” means clothing and footwear for normal daily use but does not include school uniforms;

d

in the definition of “payment”23—

i

omit “including, except in the case of a discretionary trust, any payment which would be so made or derived upon application being made by the claimant but which has not been acquired by him, but only from and including the date on which it could be expected to be acquired were an application made;”;

ii

for paragraph (e) substitute—

a
made to a third party, or in respect of a third party, unless the payment is—
i
in relation to the claimant or the claimant’s family, and
ii
the payment is in respect of food, ordinary clothing or footwear, fuel, rent, housing costs or water charges;

e

in the definition of “periodical payment”—

i

in paragraph (a) omit “in pursuance of a court order or agreement for maintenance”, and

ii

in paragraph (c) for “not exceeding” substitute “after the appropriate disregard under paragraph 6624 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) has been applied to it, that does not exceed”.

F77

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8

For regulation 12125 (period over which payments other than periodical payments are to be taken into account) substitute—

Period over which payments other than periodical payments are to be taken into account121
1
The period over which a payment other than a periodical payment (a “non-periodical payment”) is to be taken account shall be determined as follows.
2
Except in a case where paragraph (4) applies, the number of weeks over which a non-periodical payment is to be taken into account shall be equal to the number obtained by dividing that payment by the amount referred to in paragraph (3).
3
The amount is the aggregate of £2 and—
a
the amount of jobseeker’s allowance that would be payable had no payment been made, and
b
where applicable, the maximum amount of disregard that would apply to the payment under paragraph 66 of Schedule 6.
4
This paragraph applies in a case where a liable relative makes a periodical payment and a non-periodical payment concurrently and the weekly amount of the periodical payment (as calculated in accordance with regulation 122) is less than B.
5
In a case where paragraph (4) applies, the non-periodical payment shall, subject to paragraphs (6) and (7), be taken into account over a period of the number of weeks equal to the number obtained by applying the formula—
$\frac{A}{B - C}$
6
If the liable relative ceases to make periodical payments, the balance (if any) of the non-periodical payment shall be taken into account over the number of weeks equal to the number obtained by dividing that balance by the amount referred to in paragraph (3).
7
If the amount of any subsequent periodical payment varies, the balance (if any) of the non-periodical payment shall be taken into account over a period of the number of weeks equal to the number obtained by applying the formula—
$\frac{D}{B - E}$
8
The period under paragraph (2) or (4) shall begin on the date on which the payment is treated as paid under regulation 123 (date on which a child maintenance or liable relative payment is to be treated as paid) and the period under paragraphs (6) and (7) shall begin on the first day of the benefit week in which the cessation or variation of the periodical payment occurred.
9
Any fraction which arises by applying a calculation or formula referred to in this regulation shall be treated as a corresponding fraction of a week.
10
In paragraphs (4) to (7)—
A = the amount of the non-periodical payment;
B = the aggregate of £2 and the amount of jobseeker’s allowance that would be payable had the periodical payment not been made and, where applicable, the maximum disregard under paragraph 66 of Schedule 6;
C = the weekly amount of the periodical payment;
D = the balance (if any) of the non-periodical payment, and
E = the weekly amount of any subsequent periodical payment.

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Amendment of the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) RegulationsI44

1

The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 200326 are amended in accordance with paragraphs (2) and (3).

2

In Schedule 1 (amendments to the income support regulations) omit paragraph 15.

3

In Schedule 2 (amendments to jobseeker’s allowance regulations) omit paragraph 15.

RevocationsI55

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

Sealed with the Official Seal of the Department for Social Development on 2nd October 2008

(L.S.)John O’NeillA senior officer of theDepartment for Social Development

I6SCHEDULERevocations

Regulation 5

Annotations:

Commencement Information

Sch. in operation at 27.10.2008, see reg. 1(1)

Column (1)	Column (2)	Column (3)
Citation	Reference	Extent of revocation
The Income Support (General) (Amendment) Regulations (Northern Ireland) 1988	S.R. 1988 No. 146	Regulation 24
The Income Support (General) (Amendment No. 3) Regulations (Northern Ireland) 1990	S.R. 1990 No. 346	Regulation 5
The Social Security Benefits (Maintenance Payments and Consequential Amendments) Regulations (Northern Ireland) 1996	S.R. 1996 No. 202	Regulation 6(4) and (5)
The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1996	S.R. 1996 No. 288	Regulations 5(3) and 9(3)
The Income-Related Benefits and Social Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 1996	S.R. 1996 No. 405	Regulation 5(7)
The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996	S.R. 1996 No. 503	Regulation 2(13)
The Social Security (Enhanced Disability Premium Amendment) Regulations (Northern Ireland) 2000	S.R. 2000 No. 367	Regulations 2(b) and 4(b)
The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations (Northern Ireland) 2001	S.R. 2001 No. 25	Regulation 2(1)(a) and (2)(a)
The Child Support (Consequential Amendments and Transitional Provisions) Regulations (Northern Ireland) 2001	S.R. 2001 No. 29	Regulations 3(2) and 4(2)

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”), the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”) and the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003.

Regulations 2 and 3 amend provisions in the Income Support Regulations and the Jobseeker’s Allowance Regulations about liable relatives so as to:

remove provisions no longer required as a consequence of the Child Maintenance Act (Northern Ireland) 2008;
provide a definition of “child maintenance”, “claimant’s family”, “housing costs” and “ordinary clothing and footwear”;
clarify that child maintenance is included in the definition of “payment” for the purposes of the liable relative provisions, and
provide that payments of any child maintenance are subject to a disregard of £20 a week for which provision is made in a single set of rules for each benefit.

Regulation 2 also amends the Income Support Regulations so as to substitute a reference to a revoked provision in the Social Security (Northern Ireland) Order 1986 with the relevant provision in the Social Security Administration (Northern Ireland) Act 1992.

Regulation 4 makes consequential amendments to the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003 to remove provisions amending the Income Support Regulations and the Jobseeker’s Allowance Regulations that are no longer required because the new child maintenance rules in these benefits apply to all relevant claimants.

Regulation 5 makes consequential revocations.

These Regulations make in relation to Northern Ireland only provision corresponding to provisions 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, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.