Restrictions on amounts for children and qualifying young persons – consequential changes to Income Support4.
(1)
Subject to paragraph (2) where, in relation to an award of income support, an amount in respect of one or more children or young persons is included in the applicable amount21 because regulation 2 of, and Schedule 1 to, the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 200322 do not have effect, no amount is to be included in respect of a child or young person born on or after 6th April 2017 if—
(a)
at the time of the child or young person’s birth or (if later) at the time that the child or young person becomes a member of the claimant’s family, an amount is already included in the claimant’s applicable amount in respect of two or more children or young persons; and
(b)
two or more of those children or young persons remain members of the claimant’s family.
(2)
Paragraph (1) does not prevent an amount being included in respect of a child or young person in respect of whom an exception in Schedule 12 (availability of the child element where maximum exceeded – exceptions) of the Universal Credit Regulations (Northern Ireland) 201623 would apply if the claimant were entitled to an award of universal credit.
(3)
Where an amount may not be included in the applicable amount in respect of a child or young person by virtue of paragraph (1), any child benefit in respect of that child or young person is to be disregarded in the calculation of the claimant’s gross income for the purposes of regulation 40 (calculation of income other than earnings) of the Income Support (General) Regulations (Northern Ireland) 198724.
(4)
In this regulation—
(a)
“claimant” has the meaning prescribed in regulation 2(1) (interpretation) of the Income Support (General) Regulations (Northern Ireland) 1987;
(b)
“young person” has the meaning prescribed in regulation 14 (persons of a prescribed description) of the Income Support (General) Regulations (Northern Ireland) 198725.