2009 No. 92
The Social Security (Miscellaneous Amendments) 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), 129(2), 131, 132(3) and (4)(a) and (b), 132A(3) and (4)(a), 133(2)(e), (f), (i), (j) and (m) and 171(1) to (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, sections 13A(2)(b) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 19922, Articles 6(5), 14(1), (4)(a) and (b) and 36(2) of, and paragraph 1(1) of Schedule 1 to the Jobseekers (Northern Ireland) Order 19953, and now vested in it4, sections 15(1), (3), (4) and (6)(b) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 20025 and sections 17, 25(2) and 28(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.
In accordance with section 13A(2) of the Social Security Administration (Northern Ireland) Act 1992 the Department has consulted with such organisations representing qualifying lenders likely to be affected by regulation 3 as it considers appropriate.
Citation, commencement and interpretationI1I111
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 and, subject to paragraphs (2) to (4), shall come into operation on 6th April 2009.
2
This regulation and regulation 3 shall come into operation on 1st April 2009.
3
Regulations 2(5) and (12), 4(5) and (11)(b), 5(2), (3) and (4), 6(4) and (11), 7(3), (4) and (7) and 8(3)(b) and (8), 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 6th April 2009.
4
Regulations 6(2)(b) and (9)(a) and (b) and 7(6) in so far as they relate to a particular beneficiary, shall come into operation—
a
in relation to a case where rent is payable at intervals of a week or any multiple of a week, on 6th April 2009; and
b
in relation to any other case, on 1st April 2009,
immediately after Article 19(5) of, and Schedule 6 to, and Article 19(7) of, and Schedule 7 to, the Social Security Benefits Up-rating Order (Northern Ireland) 20099 comes into operation.
5
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) 200314, in so far as it relates to regulation 5(2), (3) and (4);
d
regulation 2(1) of the Housing Benefit Regulations (Northern Ireland) 200615, in so far as it relates to regulation 6(4) and (11);
e
regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 200616, in so far as it relates to regulation 7(3), (4) and (7);
f
regulation 2(1) of the Employment and Support Allowance Regulations (Northern Ireland) 200817, in so far as it relates to regulation 8(3)(b) and (8).
6
The Interpretation Act (Northern Ireland) 195418 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Income Support (General) Regulations2
I131
The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (12).
I132
In regulation 2(1) (interpretation)—
a
after the definition of “attendance allowance” insert—
“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 200719 (see section 989 of that Act);
b
omit the definition of “starting rate”20.
I133
In regulation 4ZA21 (prescribed categories of person) in paragraph (3)(b) after “12” insert “, 15A,”.
I165
For regulation 30(2A)23 (calculation of earnings of self-employed earners) substitute—
2A
This paragraph applies to—
a
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or
b
any payment in respect of any—
i
book registered under the Public Lending Right Scheme 198224, or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,
where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.
I136
In regulation 39(1)25 (deduction of tax and contributions for self-employed earners) and in regulation 42(8)(a)26 (notional income)—
a
omit “the starting rate or, as the case may be, the starting rate and”; and
b
for “starting rate” substitute “basic rate”.
I137
In regulation 39D27 deduction in respect of tax for participants in the self-employment route)—
a
in paragraph (1)(c) omit “the starting rate of tax or, as the case may be, the starting rate and”; and
b
in paragraph (2) for “starting rate” substitute “basic rate”.
I138
In regulation 61(1)28 (interpretation)—
a
for the definition of “contribution”29 substitute—
“contribution” means—
- a
any contribution in respect of the income of a student or any person which the Department, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student’s grant or student loan; or
- b
any sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Education (Scotland) Act 198030, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority considers that it is reasonable for the following persons to contribute towards the holder’s expenses—
- i
the holder of the allowance or bursary;
- ii
the holder’s parents;
- iii
the holder’s parent’s spouse, civil partner or a person ordinarily living with the holder’s parent as if he were the spouse or civil partner of that parent, or
- iv
the holder’s spouse or civil partner;
b
in the definition of “grant income”31 in paragraph (c) for “or 12 of Schedule 1B (lone parent or disabled student) applies” substitute “, 12 or 15A of Schedule 1B applies (lone parent, disabled student or persons in education)”.
I139
I1310
In regulation 66A(4)(a)(ii) (treatment of student loans) for “or 12 of Schedule 1B applies (lone parent or disabled student)” substitute “, 12 or 15A of Schedule 1B applies (lone parent, disabled student or persons in education)”.
I1311
In Schedule 1B34 (prescribed categories of person)—
a
in paragraph 3(a) before “ill” insert “temporarily”; and
b
after paragraph 1535 (persons in education) insert—
Circumstances in which a person in education will be treated as not being a member of a household15A
1
A person is subject to this regulation if they fulfil the conditions in sub-paragraphs (2) to (5).
2
The first condition is that he is under the age of 21.
3
The second condition is that he is undertaking a course of full-time, non-advanced education.
4
The third condition is that he was accepted to attend, enrolled on, or began the course before attaining the age of 19.
5
The fourth condition is that—
a
he has no parent;
b
of necessity he has to live away from his parents because—
i
he is estranged from them;
ii
he is in physical or moral danger, or
iii
there is a serious risk to his physical or mental health; or
c
he is living away from his parents where they are unable financially to support him and are—
i
chronically sick or mentally or physically disabled;
ii
detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or
iii
prohibited from entering or re-entering Northern Ireland.
6
In this paragraph—
“chronically sick or mentally or physically disabled” has the meaning given in regulation 13(3)(b);
“course of full-time, non-advanced education” means education of a kind referred to in regulation 3(2)(a) or (b) of the Child Benefit (General) Regulations 200636;
“parent” includes a person acting in place of a parent which—
- a
for the purposes of sub-paragraph (5)(a) and (b) has the meaning given in regulation 13(3)(a)(i), and
- b
for the purposes of sub-paragraph (5)(c), has the meaning given in regulation 13(3)(a)(ii).
Amendment of the Social Security (Claims and Payments) RegulationsF13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Jobseeker’s Allowance Regulations4
I121
The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) to (11).
I122
In regulation 1(2) (citation, commencement and interpretation)—
a
before the definition of “ the benefit Acts”40 insert—
“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act);
b
omit the definition of “starting rate”41.
I123
In regulation 51(2) (remunerative work) omit sub-paragraph (c).
I124
Omit regulation 85(2) (special cases).
I175
For regulation 95(2A)42 (calculation of earnings of self-employed earners) substitute—
2A
This paragraph applies to—
a
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or
b
any payment in respect of any —
i
book registered under the Public Lending Right Scheme 1982, or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,
where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.
I126
In regulation 102(1)43 (deduction of tax and contributions for self-employed earners) and regulation 105(15)(a)44 (notional income)—
a
omit “the starting rate or, as the case may be, the starting rate and”; and
b
for “starting rate” substitute “basic rate”.
I127
In regulation 102D45 (deduction in respect of tax for participants in the self-employment route)—
I12a
in paragraph (1)(c) omit “the starting rate of tax or, as the case may be, the starting rate and”; and
I12b
in paragraph (2) for “starting rate” substitute “basic rate”.
I128
In regulation 130 (interpretation) for the definition of “contribution”46 substitute—
“contribution” means—
- a
any contribution in respect of the income of a student or any person which the Department, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student’s grant or student loan; or
- b
any sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority consider that it is reasonable for the following persons to contribute towards the holder’s expenses—
- i
the holder of the allowance or bursary;
- ii
the holder’s parents;
- iii
the holder’s parent’s spouse, civil partner or a person ordinarily living with the holder’s parent as if he were the spouse or civil partner of that parent, or
- iv
the holder’s spouse or civil partner;
I129
In regulation 131(2) (calculation of grant income) after sub-paragraph (i)47 add—
j
of higher education bursary for care leavers made under Part III of the Children Act 1989.
Amendment of the State Pension Credit RegulationsI25
I21
The State Pension Credit Regulations (Northern Ireland) 2003 are amended in accordance with paragraphs (2) to (4).
I142
In regulation 15(5) (income for the purposes of the Act)—
a
for sub-paragraph (f)51 substitute—
f
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;
b
for sub-paragraph (g) substitute—
g
any payment in respect of any—
i
book registered under the Public Lending Right Scheme 1982, or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;
I143
In regulation 17 (calculation of weekly income)—
a
for paragraph (5)(a) substitute—
a
royalties or other sums received as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;
b
for paragraph (5)(b) substitute—
b
any payment in respect of any—
i
book registered under the Public Lending Right Scheme 1982; or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982, and;
c
for paragraph (9)(b) substitute—
b
any amount to which paragraph (5) applies where the claimant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work referred to in paragraph (5)(b).
Amendment of the Housing Benefit RegulationsI4I3I46
I151
The Housing Benefit Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) to (11).
2
In regulation 2(1) (interpretation)—
I15a
after the definition of “attendance allowance” insert—
“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 200753 (see section 989 of that Act);
I153
In regulation 33(6)(a)56 (calculation of net earnings of employed earners), regulation 36(1)57 (deduction of tax and contributions of self-employed earners) and regulation 39(12)(a)58 (notional income)—
a
omit “the starting rate or, as the case may be, the starting rate and”; and
b
“starting rate” substitute “basic rate”.
I184
In regulation 34 (earnings of self-employed earners) for paragraph (3)59 substitute—
3
This paragraph applies to—
a
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or
b
any payment in respect of any—
i
book registered under the Public Lending Right Scheme 198260, or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,
where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.
I155
In regulation 50(1) (interpretation)—
a
for the definition of “contribution”61 substitute—
“contribution” means—
- a
any contribution in respect of the income of a student or any person which the Department, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student’s grant or student loan; or
- b
any sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority considers that it is reasonable for the following persons to contribute towards the holder’s expenses—
- i
the holder of the allowance or bursary;
- ii
the holder’s parents;
- iii
the holder’s parent’s spouse, civil partner or a person ordinarily living with the holder’s parent as if he were the spouse or civil partner of that parent, or
- iv
the holder’s spouse or civil partner;
b
in the definition of “period of study”—
i
for paragraph (b)(i) substitute—
i
the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one, or
ii
in paragraph (b)(ii) for “recognised” substitute “normal”.
I156
In regulation 53 (full-time students to be treated as not liable to make payments in respect of a dwelling)—
a
in paragraph (2)(h)(i) for “19” substitute “21”; and
b
after paragraph (2) insert—
2A
For the purposes of paragraph (2)(h)(i) the student must have begun the course before attaining the age of 19.
I157
In regulation 56(2) (calculation of grant income) after sub-paragraph (h) add—
i
of higher education bursary for care leavers made under Part III of the Children Act 198962.
9
In Schedule 4 (applicable amounts)—
F3a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4I3b
in paragraph 3(4)—
i
in head (c) for “continued to be entitled to one or other of those benefits” substitute “continuously, since that date, been entitled to income support, an income-based jobseeker’s allowance or an income-related employment and support allowance or a combination of those benefits”;
ii
in head (d) for “either of those benefits” substitute “income support, an income-based jobseeker’s allowance or an income-related employment and support allowance”, and
iii
in head (e)66 after “12” insert “or a component under paragraph 23 or 24”; and
I15c
in paragraph 14(2)(b) for “and either a person is entitled to or” substitute “and either a person is entitled to and”.
I1510
In Schedule 5 (sums to be disregarded in the calculation of earnings)—
a
after paragraph 267 insert—
2A
In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner or, had the employment been in Northern Ireland would have been so engaged and who has ceased to be so employed, from the date of the cessation of his employment any earnings derived from that employment except earnings to which regulation 34(3) and (4) applies.
b
in paragraph 17(2)(b)(iv)(bb)68 for “conditions for the,” substitute “conditions for”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) RegulationsI5I7I6I77
I51
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) to (7).
I52
In regulation 2(1) (interpretation)—
a
after the definition of “attendance allowance” insert—
“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act);
b
omit the definition of “starting rate”71.
I193
In regulation 27(1) (meaning of “income”) for sub-paragraphs (o) and (p) substitute—
o
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;
p
any payment in respect of any—
i
book registered under the Public Lending Right Scheme 1982, or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;
I194
In regulation 31 (calculation of weekly income)—
a
in paragraph (5) for sub-paragraphs (a) and (b) substitute—
a
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;
b
any payment in respect of any—
i
book registered under the Public Lending Right Scheme 1982; or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982; and
b
for paragraph (8)(b) substitute—
b
any amount to which paragraph (5) applies where the claimant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work referred to in paragraph (5)(b).
c
after paragraph (8) insert—
8A
For the purpose of paragraph (8)(b), and for that purpose only, the amounts specified in paragraph (5) shall be treated as though they were earnings.
I55
In regulation 34(5)(a)72 (calculation of net earnings of employed earners) and regulation 38(1)73 (deduction of tax and contributions of self-employed earners)—
a
omit “the starting rate or, as the case may be, the starting rate and”; and
b
for “starting rate” substitute “basic rate”.
I7I66
In Schedule 5 (sums disregarded from claimant’s earnings) in paragraph 5(1) after head (c) add—
or
d
has, or is to be treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act or limited capability for work-related activity within the meaning of section 2(5) of that Act and either—
i
the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended, or
ii
regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply) applies.
Amendment of the Employment and Support Allowance RegulationsI88
I81
The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended in accordance with paragraphs (2) to (8).
I82
In regulation 91(2)(c) (calculation of earnings derived from employed earner’s employment and income other than earnings) for “income-related” substitute “employment and support”.
3
In regulation 92 (calculation of earnings of self-employed earners)—
I8a
for paragraph (2) substitute—
2
Where the claimant’s earnings consist of any items to which paragraph (2A) 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 employment and support allowance 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 7 (earnings to be disregarded) as is appropriate in the claimant’s case.
I20b
after paragraph (2) insert—
2A
This paragraph applies to—
a
royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or
b
any payment in respect of any—
i
book registered under the Public Lending Right Scheme 1982, or
ii
work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,
where the claimant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work concerned.
F24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I85
In regulation 94(1) (calculation of weekly amount of income) for sub-paragraph (b)(iii) substitute—
iii
in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7,
iiia
in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52,
I86
In regulation 131(1) (interpretation) for the definition of “contribution” substitute—
“contribution” means—
- a
any contribution in respect of the income of a student or any person which the Department, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student’s grant or student loan; or
- b
any sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Education (Scotland) Act 198076, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority considers that it is reasonable for the following persons to contribute towards the holder’s expenses—
- i
the holder of the allowance or bursary,
- ii
the holder’s parents,
- iii
the holder’s parent’s spouse, civil partner or a person ordinarily living with the holder’s parent as if he were the spouse or civil partner of that parent, or
- iv
the holder’s spouse or civil partner;
I87
In regulation 132(2) (calculation of grant income), after sub-paragraph (i) add—
j
of higher education bursary for care leavers made under Part III of the Children Act 1989.
I208
In Schedule 9 (capital to be disregarded) after paragraph 38 add—
38A
Any payment made under Part 8A of the Contributions and Benefits Act (entitlement to health in pregnancy grant).
RevocationsI99
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 10th March 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 11th March 2009
I10SCHEDULERevocations
Column (1) | Column (2) | Column (3) |
---|---|---|
Citation | Reference | Extent of revocation |
The Income Support (General) (Amendment No. 2) Regulations (Northern Ireland) 1991 | Regulation 3 | |
The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1998 | Regulation 3(1) and (2) | |
The Social Security (Students Amendments) Regulations (Northern Ireland) 1999 | Regulations 2(2)(a) and 3(2)(a) | |
The Social Security (Students and Income-Related Benefits Amendment) Regulations (Northern Ireland) 2001 | Regulation 2(1)(c) | |
The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 | Regulation 2(7)(a) | |
The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order (Northern Ireland) 2005 | Paragraphs 12(5) and 23(7) of Schedule 3 | |
The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 | Regulations 4(2)(c), (7) (8) and (9)(c), 7(2)(c), (8), (9), (10)(b) and (12), 9(2)(b), (5), (6) and (7)(c) and 10(2)(b), (4) and (5) | |
The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2007 | The whole Regulations | |
The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 | Regulations 2(6)(b) and 4(10)(b | |
The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2008 | Regulation 3(7) | |
The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 | Regulations 2(6)(a) and 6(4)(a) |
(This note is not part of the Regulations)
Sch. in operation at 6.4.2009, see reg. 1(1)