The Social Security (Fines) (Deductions from Benefits) Regulations (Northern Ireland) 2018

Interpretation

2.—(1) In these Regulations—

“the 1995 Order” means the Jobseekers (Northern Ireland) Order 1995(1);

“the 2007 Act” means the Welfare Reform Act (Northern Ireland) 2007(2);

“the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015(3)

“the 2016 Act” means the Justice Act (Northern Ireland) 2016;

“application” means an application for deduction from benefit made under section 14 of the 2016 Act;

“benefit week” has the meaning prescribed in—

(a)

regulation 2(1) of the Income Support Regulations;

(b)

regulation 1(2) of the State Pension Credit Regulations (Northern Ireland) 2003(4)

(c)

regulation 1(2) of the Jobseekers Allowance Regulations; or

(d)

regulation 2(1) of the Employment and Support Allowance Regulations.

“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(5);

“collection officer”, means a person so designated under section 2(1) of the 2016 Act;

“contribution-based jobseeker’s allowance”, except in a case to which paragraph (b) of the definition of income-based jobseeker’s allowance applies, means a contribution-based jobseeker’s allowance under Part II of the 1995 Order as amended by the provisions of Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based allowance or under Part II of the 1995 Order as it has effect apart from those amendments, but does not include any back to work bonus under Article 28 of the 1995 Order which is paid as jobseeker’s allowance;

“contributory employment and support allowance” means a contributory allowance under Part I of the 2007 Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the 2015 Order that remove references to an income-related allowance or under Part 1 of the 2007 Act as it has effect apart from those amendments;

“court” means the responsible court under section 27(1) of the 2016 Act;

“debtor” has the meaning as defined under section 1(2) of the 2016 Act;

“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008(6);

“5 per cent. of the personal allowance for a single claimant aged not less than 25” means, where the percentage is not a multiple of 5 pence, the sum obtained by rounding that 5 per cent. to the next higher such multiple;

“income support” means income support under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(7), but does not include any back to work bonus under Article 28 of the 1995 Order which is paid as income support;

“Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(8);

“income-based jobseeker’s allowance” means—

(a)

an income-based jobseeker’s allowance under Part II of the 1995 Order; and

(b)

in a case where, if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based jobseeker’s allowance at the same rate, contribution-based jobseeker’s allowance,

but does not include any back to work bonus under Article 28 of the 1995 Order which is paid as jobseeker’s allowance;

“income-related employment and support allowance” means—

(a)

an income-related employment and support allowance under Part 1 of the 2007 Act; and

(b)

in a case where, if there was no entitlement to contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate, contributory employment and support allowance;

“jobseeker’s allowance” means an allowance under Part II of the 1995 Order but does not include any back to work bonus under Article 28 of that Order which is paid as jobseeker’s allowance;

“Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(9);

“outstanding amount” has the meaning prescribed in section 1(2) of the 2016 Act;

“personal allowance for a single claimant aged not less than 25” means—

(a)

in the case of a person who is entitled to either income support or state pension credit, the amount for the time being specified in paragraph 1(1)(e) of Column (2) of Schedule 2 to the Income Support Regulations; or

(b)

in the case of a person who is entitled to an income-based jobseeker’s allowance, the amount for the time being specified in paragraph 1(1)(e) of Column (2) of Schedule 1 to the Jobseeker’s Allowance Regulations; or

(c)

in the case of a person who is entitled to an income-related employment and support allowance, the amount specified for the time being in paragraph 1(1)(b) of Column 2 of Schedule 4 to the Employment and Support Allowance Regulations;

“state pension credit” means the benefit of that name payable under the State Pension Credit Act (Northern Ireland) 2002(10);

(2) The Interpretation Act (Northern Ireland) 1954(11) applies to these Regulations as it applies to an Act of the Assembly.

(1)

S.I. 1995 No. 2705 (N.I. 15)

(2)

2007 c. 2 (N.I.)

(3)

S.I. 2015/2006 (N.I. 1)

(4)

S.R. 2003 No. 28

(5)

S.R. 1987 No. 465; relevant amending regulations are S.R. 1988 No. 67, S.R. 1989 No. 40, S.R. 1993 No. 146, S.R. 1996 No. 432, S.R. 1997 No. 165, S.R. 2007 Nos. 165, 206 and 330 and S.R. 2008 No. 428

(6)

S.R. 2008 No. 280

(7)

1992 c. 7

(8)

S.R. 1987 No. 459

(9)

S.R. 1996 No. 198

(10)

2002 c. 14

(11)

1954 c. 33(N.I.)