2009 No. 338
The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009
Made
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) and (d), 123(1)(d) and (e), 132(3) and (4), 132A(3), 133(2)(f) and (h) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, sections 5(1)(b) and 165(1) and (4) to (6) of the Social Security Administration (Northern Ireland) Act 19922, Articles 5(1)(f)(iii), 5A(1)(e)(ii), 6(5), 14(1), (2) and (4)(a) and (b) and 36(2) of the Jobseekers (Northern Ireland) Order 19953, and now vested in it4, sections 5, 15(3) and (6)(a) and (b) and 19(1) and (3) of the State Pension Credit Act (Northern Ireland) 20025 and sections 4(1) and (2)(a) , 12(1), (2)(h) and (7), 17(1), (2) and (3)(a) and (b), 18(4) and 25(2) of the Welfare Reform Act (Northern Ireland) 20076.
Regulations 6 and 7 are made with the consent of the Department of Finance and Personnel7.
The Social Security Advisory Committee has agreed that proposals in respect of regulations 6 and 7 should not be referred to it8.
Citation, commencement and interpretationI171
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009 and subject to paragraphs (2) to (5) shall come into operation on 26th October 2009.
2
The following provisions shall come into operation, in so far as they relate to a particular claimant, on the first day of the first benefit week to commence for that claimant on or after 26th October 2009—
a
regulation 2(2), (6), (8), (15) and (16)(a) to (c);
b
regulation 4(2), (6), (8), (14) and (15)(a) to (d);
c
regulation 5; and
d
regulation 8(2), (6), (8) to (10), (17) and (18)(a) to (c).
3
Regulation 6(2) to (6)(c) and 7 come into operation on 2nd November 2009.
4
Regulation 6(6)(d) comes into operation—
a
in relation to any case where rent is payable at intervals of a week or any multiple of whole weeks, on 5th April 2010; and
b
in any other case on 1st April 2010.
5
The following provisions come into operation, in so far as they relate to a particular claimant, on the first day of the first benefit week to commence for that claimant on or after 12th April 2010—
a
regulation 2(4), (5), (9) to (11), (14)(b) and (16)(d);
b
regulation 4(4), (5), (9) to (11), (13) and (15)(e); and
c
regulation 8(4), (5), (11) to (13), (16)(b) and (18)(d).
6
In this regulation “benefit week” has the same meaning as in—
a
b
c
regulation 1(2) of the State Pension Credit Regulations (Northern Ireland) 200313, in so far as it relates to regulation 5; and
d
regulation 2(1) of the Employment and Support Allowance Regulations (Northern Ireland) 200814 in so far as it relates to regulations 8(2), (4) to (6), (8) to (13), (16)(b), (17) and (18).
7
The Interpretation Act (Northern Ireland) 195415 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Income Support (General) RegulationsI1I2I32
1
The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (16).
2
In regulation 2(1) (interpretation)—
a
b
after the definition of “self-employment route”18 insert—
“service user group” means a group of individuals that is consulted by or on behalf of—
- a
a public authority under section 49A of the Disability Discrimination Act 199519,
- b
a council under section 1 of the Local Government (Best Value) Act (Northern Ireland) 200220,
- c
the Patient and Client Council under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 200921,
- d
a body to which sections 17 to 19 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 applies,
- e
the Commission or the Office of the Health Professions Adjudicator in consequence of a function under section 108 of the Health and Social Care Act 200822,
- f
any other public authority in Northern Ireland in consequence of a function conferred under any statutory provision,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;.
3
In regulation 13 (circumstances in which persons in relevant education are to be entitled to income support) omit paragraph (3)(b)(ii)23.
4
In the headings to regulations 25 (child maintenance or liable relative payments), 55 (treatment of child maintenance or liable relative payments), 58 (calculation of the weekly amount of a child maintenance or liable relative payment) and 5924 (date on which a child maintenance or liable relative payment is to be treated as paid) omit “child maintenance or”.
5
6
After regulation 35(2)(e)27 (earnings of employed earners) add—
f
any payment in respect of expenses arising out of the claimant’s participation in a service user group.
7
8
In regulation 42 (notional income)—
a
after paragraph (2)(g)31 insert—
ga
any sum to which paragraph (8ZA) applies;
b
after paragraph (8)32 add—
8ZA
Paragraphs (1), (2), (3), (4), (5) and (6) shall not apply in respect of a payment of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.
9
In regulation 54 (interpretation)—
a
omit the definition of “child maintenance”33;
b
in the definition of “payment”34—
i
in paragraph (e)(i) for “family” substitute “partner or is made or derived from a person falling within paragraph (d) of the definition of liable relative”, and
ii
after paragraph (h) insert—
i
to which paragraph 69 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) applies.
c
in paragraph (c) of the definition of “periodical payment”35 omit “, after the appropriate disregard under paragraph 69 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) has been applied to it,”.
10
In regulation 5536 (treatment of child maintenance or liable relative payments) omit “and paragraph 69 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings)”.
11
In regulation 5737 (period over which payments other than periodical payments are to be taken into account)—
a
in paragraph (3) omit sub-paragraph (b) and the preceding “and”; and
b
in paragraph (10) omit “and, where applicable, the maximum disregard under paragraph 69 of Schedule 9”.
12
In regulation 61(1) (interpretation) in the definition of “access funds”38—
a
in paragraph (b) for “7” substitute “68”; and
b
omit “and described as “learner support funds” or grants made under section 68 of that Act”.
13
In Schedule 1B39 (prescribed categories of person)—
a
after paragraph 2 insert—
Single persons looking after children placed with them prior to adoption2A
A single claimant or a lone parent with whom a child is placed for adoption pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 198940.
b
in paragraph 15A41—
i
for the heading substitute—
Persons under 21 with no parents, or living away from their parents, undertaking full-time, non-advanced education
ii
for sub-paragraph (1) substitute—
1
A person who satisfies the following conditions.
14
In Schedule 342 (housing costs)—
a
after paragraph 3(13)(b) (circumstances in which a person is to be treated as occupying a dwelling as his home) insert—
ba
“period of study” has the meaning given in regulation 61(1) (interpretation);
b
in paragraph 14(2)43 (linking rule) for “has ceased” substitute “ceases on or before 11 April 2010”.
15
In Schedule 8 (sums to be disregarded in the calculation of earnings)—
a
in paragraphs 1(1)(b)44 for “regulation 35(1)(e) or (i) (in so far as it applies to regulation 35(1)(e))” substitute “sub-paragraph (2)(a) or (b)(ii)”;
b
for paragraph 1(2)(a) substitute—
a
any payment of the nature described in—
i
regulation 35(1)(e) or (i) (in so far as it applies to regulation 35(1)(e)), or
ii
Article 60, 96 or 100 of the Employment Rights (Northern Ireland) Order 199645 (guarantee payments, suspension from work on medical or maternity grounds); and
c
in paragraph 2(1) for “regulation 35(1)(e) or (i) (in so far as it applies to regulation 35(1)(e))” substitute “paragraph 1(2)(a) or (b)(ii)”.
16
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—
a
after paragraph 246 insert—
2A
Any payment in respect of expenses arising out of the claimant’s participation in a service user group.
b
in paragraph 16(cc)47—
i
for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within Article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 200548”;
ii
for “the pension payable under either of those schemes” substitute “that pension or payment”, and
iii
for “aggregate with the” substitute “aggregate with any”;
c
d
for paragraph 6951 substitute—
69
1
Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.
2
In paragraph (1)—
“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—
“liable relative” has the meaning given in regulation 54 (interpretation), other than a person falling within paragraph (d) of that definition.
Amendment of the Social Security (Claims and Payments) RegulationsI43
1
The Social Security (Claims and Payments) Regulations (Northern Ireland) 198754 are amended in accordance with paragraphs (2) and (3).
2
In regulation 4(7)(b)55 (making a claim for benefit) after “claimant is” insert “first”.
Amendment of the Jobseeker’s Allowance RegulationsI5I6I74
1
The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) to (15).
2
In regulation 1(2) (citation, commencement and interpretation)—
a
after the definition of “polygamous marriage” insert—
“public authority” has the meaning given in section 75(3) of the Northern Ireland Act 1998;
b
after the definition of “self-employment route”60 insert—
“service user group” means a group of individuals that is consulted by or on behalf of—
- a
a public authority under section 49A of the Disability Discrimination Act 1995,
- b
a council under section 1 of the Local Government (Best Value) Act (Northern Ireland) 2002,
- c
the Patient and Client Council under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009,
- d
a body to which sections 17 to 19 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 applies,
- e
the Commission or the Office of the Health Professions Adjudicator in consequence of a function under section 108 of the Health and Social Care Act 2008,
- f
any other public authority in Northern Ireland in consequence of a function conferred under any statutory provision,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;.
3
In regulation 60(2)(b) (young persons at the end of the child benefit extension period) omit “after”.
4
In the headings to regulations 89 (child maintenance or liable relative payments), 118 (treatment of child maintenance or liable relative payments), 122 (calculation of the weekly amount of a child maintenance or liable relative payment) and 12361 (date on which a child maintenance or liable relative payment is to be treated as paid) omit “child maintenance or”.
5
6
After regulation 98(2)(g)64 (earnings of employed earners) add—
h
any payment in respect of expenses arising out of the claimant’s participation in a service user group.
7
8
In regulation 105 (notional income)—
a
after paragraph (2)(g)68 insert—
ga
any sum to which paragraph (15A) applies;
b
after paragraph (15)69 add—
15A
Paragraphs (1), (2), (6), (10), (12) and (13) shall not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.
9
In regulation 117 (interpretation)—
a
omit the definition of “child maintenance”70;
b
in the definition of “payment”—
i
in paragraph (e)(i)71 for “family” substitute “partner or is made or derived from a person falling within paragraph (d) of the definition of liable relative;”, and
ii
after paragraph (h) insert—
i
to which paragraph 66 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) applies;
c
in paragraph (c) of the definition of “periodical payment”72 omit “, after the appropriate disregard under paragraph 66 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) has been applied to it”.
10
In regulation 11873 (treatment of child maintenance or liable relative payments) omit “and paragraph 66 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings)”.
11
In regulation 12174 (period over which payments other than periodical payments are to be taken into account)—
a
in paragraph (3) omit sub-paragraph (b) and the preceding “and”; and
b
in paragraph (10) omit “and, where applicable, the maximum disregard under paragraph 66 of Schedule 6”.
12
In regulation 130 (interpretation) in paragraph (b)75 of the definition of “access funds”—
a
for “7” substitute “68”; and
b
omit “and described as “learner support funds” or grants made under section 68 of that Act”.
13
In Schedule 2 (housing costs) in paragraph 13(2)76 (linking rule) for “has ceased” insert “ceases on or before 11 April 2010”.
14
In Schedule 5 (sums to be disregarded in the calculation of earnings) in paragraph 177—
a
in sub-paragraph (1)(b) for “regulation 98(1)(d) or (h) (in so far as it applies to regulation 98(1)(d)), ” substitute “sub-paragraph (2)(a) or (b)(ii)”; and
b
for sub-paragraph (2)(a) substitute—
a
any payment of the nature described in—
i
regulation 98(1)(d) or (h) (in so far as it applies to regulation 98(1)(d)), or
ii
Article 60, 96 or 100 of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments, suspension from work on medical or maternity grounds); and
15
In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—
a
after paragraph 2 insert—
2A
Any payment in respect of expenses arising out of the claimant’s participation in a service user group.
b
in paragraph 17(d)78—
i
for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within Article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005”;
ii
for “the pension payable under either of those schemes” substitute “that pension or payment”, and
iii
for “aggregate with the” substitute “aggregate with any”;
c
before paragraph 26(1)(e)79 insert—
da
which is a payment made by a local authority in Scotland in pursuance of section 50 of the Children Act 1975 (payments towards maintenance of children);
d
in paragraph 6080 after “Any payment” insert “made with respect to a person on account of the provision of accommodation, aftercare or other personal social services to which Articles 15 and 36 of the 1972 Order refer”; and
e
for paragraph 6681 substitute—
66
1
Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.
2
In paragraph (1)—
“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—
- a
the Child Support (Northern Ireland) Order 1991;
- b
the Child Support Act 1991;
- c
a court order;
- d
a consent order;
- e
a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;
“liable relative” means a person listed in regulation 117 (interpretation), other than a person falling within paragraph (d) of that definition.
Amendment of the State Pension Credit RegulationsI85
1
The State Pension Credit Regulations (Northern Ireland) 200382 are amended in accordance with paragraphs (2) to (5).
2
In regulation 1(2) (citation, commencement and interpretation)—
a
after the definition of “prisoner” insert—
“public authority” has the meaning given in section 75(3) of the Northern Ireland Act 199883;
b
after the definition of “residential care home”84 insert—
“service user group” means a group of individuals that is consulted by or on behalf of—
- a
a public authority under section 49A of the Disability Discrimination Act 199585,
- b
a council under section 1 of the Local Government (Best Value) Act (Northern Ireland) 200286,
- c
the Patient and Client Council under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 200987,
- d
a body to which sections 17 to 19 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 applies,
- e
the Commission or the Office of the Health Professions Adjudicator in consequence of a function under section 108 of the Health and Social Care Act 200888,
- f
any other public authority in Northern Ireland in consequence of a function conferred under any statutory provision,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;.
3
After regulation 17A(3)(e)89 (earnings of employed earners) insert—
f
any payment in respect of expenses arising out of the claimant’s participation in a service user group.
4
In regulation 18 (notional income)—
a
in paragraph (6)90 for “paragraph (7)” substitute “ the following paragraphs”; and
b
after paragraph (7)91 add—
7A
Paragraph (6) shall not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the claimant’s participation in a service user group.
5
In Schedule 4 (amounts to be disregarded in the calculation of income other than earnings) in paragraph 1(cc)92—
a
for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within Article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 200593”;
b
for “the pension payable under either of those schemes” substitute “that pension or payment”; and
c
for “aggregate with the” substitute “aggregate with any”.
Amendment of the Housing Benefit RegulationsI18I9I11I106
1
The Housing Benefit Regulations (Northern Ireland) 200694 are amended in accordance with paragraphs (2) to (6).
2
In regulation 2(1) (interpretation)—
a
after the definition of “polygamous marriage” insert—
“public authority has the meaning given in section 75(3) of the Northern Ireland Act 1998;
b
after the definition of “self-employment route” insert—
“service user group” means a group of individuals that is consulted by or on behalf of—
- a
a public authority under section 49A of the Disability Discrimination Act 1995,
- b
a council under section 1 of the Local Government (Best Value) Act (Northern Ireland) 2002,
- c
the Patient and Client Council under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009,
- d
a body to which sections 17 to 19 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 applies,
- e
the Commission or the Office of the Health Professions Adjudicator in consequence of a function under section 108 of the Health and Social Care Act 2008,
- f
any other public authority in Northern Ireland in consequence of a function conferred under any statutory provision,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;.
3
After regulation 32(2)(c) (earnings of employed earners) insert—
d
any payment in respect of expenses arising out of the claimant’s participation in a service user group.
4
In regulation 39 (notional income)—
a
after paragraph (2)(f)95 insert—
g
any sum to which paragraph (12A) applies;
b
after paragraph (12) insert—
12A
Paragraphs (1), (2), (6) and (9) shall not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the claimant’s participation in a service user group.
5
In Schedule 5 (sums to be disregarded in the calculation of earnings)—
a
b
in paragraphs 1(c) and 2(b)(ii) for “regulation 32(1)(e), (i) or (j) in so far as it relates to regulation 32(1)(i))” substitute “paragraph 1(b)(i) or (ii)(bb) or regulation 32(1)(i) or (j) in so far as it relates to regulation 32(1)(i))”; and
c
in paragraph 2(b)(i) for “regulation 32(1)(e)” substitute “paragraph 1(b)(i) or (ii)(bb)”.
6
In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—
a
after paragraph 2 insert—
2A
Any payment in respect of expenses arising out of the claimant’s participation in a service user group.
b
in paragraph 15(d)98—
i
for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within Article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005”, and
ii
for “the pension payable under either of those schemes” substitute “that pension or payment”;
c
before paragraph 26(1)(e)99 insert—
da
“which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989100 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order) or in Scotland section 50 of the Children Act 1975101 (payments towards maintenance of children);
d
for paragraph 49A102 substitute—
49A
1
Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.
2
In paragraph (1)—
“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—
“liable relative” means a person listed in regulation 54 (interpretation) of the Income Support (General) Regulations (Northern Ireland) 1987105, other than a person falling within sub-paragraph (d) of that definition.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) RegulationsI127
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006106 are amended in accordance with paragraphs (2) to (5).
2
In regulation 2(1) (interpretation)—
a
in the definition of “concessionary payment”107—
i
for “Secretary of State with the consent of Treasury” substitute “ Department with the consent of the Department of Finance and Personnel”, and
ii
after “charged” insert “ either to the Northern Ireland National Insurance Fund or”;
b
after the definition of “polygamous marriage” insert—
“public authority has the meaning given in section 75(3) of the Northern Ireland Act 1998;
c
after the definition of “self-employed earner” insert—
“service user group” means a group of individuals that is consulted by or on behalf of—
- a
a public authority under section 49A of the Disability Discrimination Act 1995,
- b
a council under section 1 of the Local Government (Best Value) Act (Northern Ireland) 2002,
- c
the Patient and Client Council under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009,
- d
a body to which sections 17 to 19 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 applies,
- e
the Commission or the Office of the Health Professions Adjudicator in consequence of a function under section 108 of the Health and Social Care Act 2008,
- f
any other public authority in Northern Ireland in consequence of a function conferred under any statutory provision,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;.
3
After regulation 33(2)(d) (earnings of employed earners) add—
e
any payment in respect of expenses arising out of the claimant’s participation in a service user group.
4
In regulation 39 (notional income)—
a
in paragraph (8) after “(9)” insert “and (10A)”; and
b
after paragraph (10) add—
10A
Paragraph (8) shall not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the claimant’s participation in a service user group.
5
In Schedule 6 (amounts to be disregarded in the calculation of income other than earnings) in paragraph 1(d)108—
a
for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within Article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005”; and
b
for “the pension payable under either of those schemes” substitute “that pension or payment”.
Amendment of the Employment and Support Allowance RegulationsI13I14I158
1
The Employment and Support Allowance Regulations (Northern Ireland) 2008109 are amended in accordance with regulations (2) to (18).
2
In regulation 2(1) (interpretation)—
a
after the definition of “polygamous marriage” insert the following definition—
“public authority” has the meaning given in section 75(3) of the Northern Ireland Act 1998;
b
after the definition of “self-employment route” insert—
“service user group” means a group of individuals that is consulted by or on behalf of—
- a
a public authority under section 49A of the Disability Discrimination Act 1995,
- b
a council under section 1 of the Local Government (Best Value) Act (Northern Ireland) 2002,
- c
the Patient and Client Council under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009,
- d
a body to which sections 17 to 19 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 applies,
- e
the Commission or the Office of the Health Professions Adjudicator in consequence of a function under section 108 of the Health and Social Care Act 2008,
- f
any other public authority in Northern Ireland in consequence of a function conferred under any statutory provision,
for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;.
3
In regulation 61(3)(i) (failure to take part in a work-focused interview) for “impossible” substitute “impracticable”.
4
5
In the headings to regulations 120112 (treatment of child maintenance or liable relative payments), 124113 (calculation of the weekly amount of a child maintenance or liable relative payment) and 125114 (date on which a child maintenance or liable relative payment is to be treated as paid) omit “child maintenance or”.
6
After regulation 95(2)(e) (earnings of employed earners) add—
f
any payment in respect of expenses arising out of the claimant’s participation in a service user group.
7
8
In regulation 106 (notional income - deprivation and income on application)—
a
after paragraph (2)(g) insert—
ga
any sum to which paragraph (9) applies;
b
after paragraph (8) add—
9
Paragraphs (1) and (2) do not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.
9
In regulation 107 (notional income - income due to be paid or income paid to or in respect of a third party) after paragraph (7) add—
8
Paragraphs (1), (3) and (4) do not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.
10
In regulation 108 (notional income - other income)—
a
after paragraph (3) add—
4
Paragraphs (1) and (2) do not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.
11
In regulation 119 (interpretation)—
a
omit the definition of “child maintenance”117;
b
in the definition of “payment”118—
i
in paragraph (d)(i) for “family” substitute “partner or is made or derived from a person falling within sub-paragraph (d) of the definition of liable relative”, and
ii
after paragraph (g) add—
h
to which paragraph 57 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) applies.
c
in paragraph (c) of the definition of “periodical payment”119 omit “, after the appropriate disregard under paragraph 57 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) has been applied to it,”.
12
In regulation 120120 (treatment of child maintenance or liable relative payments) omit “and paragraph 57 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings)”.
13
In regulation 123121 (period over which payments other than periodical payments are to be taken into account)—
a
in paragraph (3) omit sub-paragraph (b) and the preceding “and”; and
b
in paragraph (10) omit “and, where applicable, the maximum disregard under paragraph 57 of Schedule 8”.
14
In regulation 153(1) (absence to receive medical treatment) omit sub-paragraph (e) and the preceding “and”.
15
In Part 1 (prescribed amounts) of Schedule 4 (amounts) in paragraph 1(3)(b)(i) and (ii), in column (1) of the table, for “had they not been members” substitute “if that other member had not been a member”.
16
In Schedule 6 (housing costs)—
a
in paragraph 5(13) (circumstances in which a person is to be treated as occupying a dwelling as the home) after the definition of “patient” insert—
“period of study” has the meaning given in regulation 131 (interpretation);
b
in paragraph 15(2)122 (linking rules) for “has ceased” substitute “ceases on or before 11 April 2010”.
17
In Schedule 7 (sums to be disregarded in the calculation of earnings)—
a
in paragraph 1(1)(b) for “regulation 95(1)(e) or (l) (in so far as it relates to regulation 95(1)(e) (earnings of employed earners)” substitute “ sub-paragraph (2)(a) or (b)(ii)”;
b
for paragraph 1(2)(a) substitute—
a
any payment of the nature described in—
i
regulation 95(1)(e) or (l) (in so far as it relates to regulation 95(1)(e)) (earnings of employed earners), or
ii
Article 60, 96 or 100 of the Employment Rights (Northern Ireland) Order 1996123 (guarantee payments, suspension from work on medical or maternity grounds); and
c
in paragraph 2(1) for “regulation 95(1)(e) or (l) (in so far as it relates to regulation 95(1)(e))” substitute “paragraph 1(2)(a) or (b)(ii)”.
18
In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—
a
after paragraph 2 insert—
2A
Any payment in respect of expenses arising out of the claimant’s participation in a service user group.
b
in paragraph 16(d)124—
i
for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within Article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005125”,
ii
for “the pension payable under either of those schemes” substitute “that pension or payment”, and
iii
for “ aggregate with the” substitute “ aggregate with any”;
c
in paragraph 25(1)(d) after “order)” insert “, or in Scotland section 50 of the Children Act 1975 (payments towards maintenance of children)”; and
d
for paragraph 57 substitute—
57
1
Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.
2
In paragraph (1)—
“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—
“liable relative” means a person listed in regulation 119 (interpretation), other than a person falling within paragraph (d) of that definition.
RevocationsI169
The following Regulations are hereby revoked—
a
Regulations 2 and 3 of the Social Security (Child Maintenance Premium) (Amendment) Regulations (Northern Ireland) 2004128;
b
Regulations 2(2), 2(6)(a) and (f)(ii), and (9), 3(2), (6)(a), (7) and (9) of the Social Security (Child Maintenance Amendments) Regulations (Northern Ireland) 2008129;
c
Regulations 3(17)(a), (18), (20), (21) and (32)(c) of the Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008130; and
d
Regulation 2(3) of the Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008131.
Sealed with the Official Seal of the Department for Social Development on 5th October 2009
The Department of Finance and Personnel consents to Regulations 6 and 7.
Sealed with the Official Seal of the Department of Finance and Personnel on 5th October 2009
(This note is not part of the Regulations)