The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

but, notwithstanding regulation 88 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except to the extent specified in sub-paragraph (2).

• (2) If the claimant’s partner is engaged in employment—

• (a) specified in sub-paragraph (1), so much of his earnings as would not in aggregate with the amount of the claimant’s earnings disregarded under this paragraph exceed £15;

• (b) other than one specified in sub-paragraph (1), so much of his earnings from that employment up to £5 as would not in aggregate with the claimant’s earnings disregarded under this paragraph exceed £15.

10

Where the claimant is engaged in one or more employments specified in paragraph 9(1) but his earnings derived from such employments are less than £15 in any week and he is also engaged in any other part-time employment, so much of his earnings from that other employment up to £5 as would not in aggregate with the amount of his earnings disregarded under paragraph 9 exceed £15.

11

Where the claimant is a member of a couple and both members of the couple are aged under 60—

• (a) in a case to which none of paragraphs 5 to 10 applies, £10; but, notwithstanding regulation 88 (calculation of income and capital of members of a claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this sub-paragraph are less than £10;

• (b) in a case to which one or more of paragraphs 5 to 10 applies and the total amount disregarded under those paragraphs is less than £10, so much of the claimant’s earnings as would not in aggregate with the amount disregarded under paragraphs 5 to 10 exceed £10.

12

In a case to which none of paragraphs 5 to 11 applies to the claimant, £5.

13

Notwithstanding paragraphs 1 to 12, where 2 or more payments of the same kind and from the same source are to be taken into account in the same benefit week, because it has not been practicable to treat the payments under regulation 96(1)(b) (date on which income treated as paid) as paid on the first day of the benefit week in which they were due to be paid, there shall be disregarded from each payment the sum that would have been disregarded if the payment had been taken into account on the date on which it was due to be paid.

14

Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.

15

Where a payment of earnings is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

16

Any earnings which are due to be paid before the date of claim and which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.

17

Any earnings of a child or young person except earnings to which paragraph 18 applies.

18

In the case of earnings of a child or young person who although not receiving full-time education for the purposes of section 138 of the Benefits Act (meaning of “child”) is nonetheless treated for the purposes of these Regulations as receiving relevant education and who is engaged in remunerative work—

• (a) if an amount by way of a disabled child premium under Schedule 1 (applicable amounts) is, or but for his accommodation in a residential care home or nursing home would be, included in the calculation of his applicable amount and his earning capacity is not, by reason of his disability, less than 75 per cent. of that which he would, but for that disability, normally be expected to earn, £15;

• (b) in any other case, £5.

19

In the case of a claimant who has been engaged in employment as—

• (a) a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979;

• (b) a person in the army whose service is restricted to part-time service in Northern Ireland pursuant to section 1 of the Army Act 1992, regulations made under section 2 of the Armed Forces Act 1966, or

• (c) a part-time member of the Royal Ulster Constabulary Reserve appointed under section 9(1) of the Police Act (Northern Ireland) 1970, and

• (d) by reason of that employment has failed to satisfy any of the conditions of entitlement to a jobseeker’s allowance, other than the condition in Article 4(1)(c) (prescribed amount of earnings) or 5(1)(a) of the Order (income not in excess of applicable amount),

any earnings from that employment paid in respect of the period in which the claimant was not entitled to a jobseeker’s allowance.

20

In this Schedule “part-time employment” means employment in which the person is not to be treated as engaged in remunerative work under regulation 52 or 53 (persons treated as engaged, or not engaged, in remunerative work).

21

In paragraph 5(7)(b) “permitted period” means a period determined in accordance with regulation 3A of the Income Support Regulations[^f00164], as it has effect by virtue of regulation 87(7) (transitional supplement to income-based jobseeker’s allowance).

SCHEDULE 6 — Sums to be Disregarded in the Calculation of Income other than Earnings

1

Any amount paid by way of tax on income which is taken into account under regulation 103 (calculation of income other than earnings).

2

Any payment in respect of any expenses incurred by a claimant who is—

• (a) engaged by a charitable or voluntary organisation, or

• (b) a volunteer,

if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 105(13) (notional income).

3

In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.

4

In the case of a payment of statutory sick pay or statutory maternity pay under Part XI or Part XII of the Benefits Act or any remuneration paid by or on behalf of an employer to the claimant who for the time being is unable to work due to illness or maternity—

• (a) any amount deducted by way of primary Class 1 contributions under the Benefits Act;

• (b) one half of any sum paid by the claimant by way of a contribution towards an occupational or personal pension scheme.

5

In the case of the payment of statutory sick pay or statutory maternity pay under Part XI or XII of the Social Security Contributions and Benefits Act 1992[^f00165]—

• (a) any amount deducted by way of primary Class 1 contributions under that Act;

• (b) one half of any sum paid by way of a contribution towards an occupational or personal pension scheme.

6

Any housing benefit.

7

The mobility component of disability living allowance, or any mobility allowance accrued under the repealed section 37A of the Social Security (Northern Ireland) Act 1975[^f00166].

8

Any concessionary payment made to compensate for the non-payment of—

• (a) any payment specified in paragraph 7 or 10;

• (b) a jobseeker’s allowance or income support.

9

Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.

10

Any attendance allowance or the care component of disability living allowance, but, where the claimant’s applicable amount falls to be calculated in accordance with Schedule 3 (applicable amounts of persons in residential care and nursing homes) only to the extent that it exceeds the amount for the time being specified as the higher rate of attendance allowance for the purposes of section 64(3) of the Benefits Act or, as the case may be, the highest rate of the care component of disability living allowance for the purposes of section 72(4)(a) of that Act.

11

Any payment to the claimant as holder of the Victoria Cross or George Cross or any analogous payment.

12

Any sum in respect of a course of study attended by a child or young person payable by virtue of regulations made under Article 50, 51 or 55(1) of the Education and Libraries (Northern Ireland) Order 1986[^f00167] (provisions for people to take advantage of educational facilities).

13

In the case of a claimant to whom regulation 11 (part-time students) applies, any sums intended for any expenditure specified in regulation 131(2) (calculation of grant income) necessary as a result of his attendance on his course.

14

In the case of a claimant participating in provision or arrangements for training under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or section 1(1) of the Employment and Training Act (Northern Ireland) 1950—

• (a) any travelling expenses reimbursed to the claimant;

• (b) any lodging allowance under section 4 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or section 3(3) of the Employment and Training Act (Northern Ireland) 1950 but only to the extent that his rent or rates payable in respect of accommodation not normally occupied by him as his home are not met by housing benefit;

• (c) any training premium under the Employment and Training Act (Northern Ireland) 1950,

but this paragraph, except in so far as it relates to a payment under sub-paragraph (a), (b) or (c) does not apply to any part of any allowance under section 4 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or section 3(3) of the Employment and Training Act (Northern Ireland) 1950.

15

• (1) Subject to sub-paragraph (3) and paragraphs 38, 39 and 41, £20 of any charitable payment or of any voluntary payment made or due to be made at regular intervals, except any payment to which sub-paragraph (2) or paragraph 16 applies.

• (2) Subject to sub-paragraphs (3) and (6) and paragraph 41, any charitable payment or voluntary payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs) or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes), of a single claimant or, as the case may be, of the claimant or any other member of his family.

• (3) Sub-paragraphs (1) and (2) shall not apply—

• (a) to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children;

• (b) to a payment made—

• (i) to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes), or

• (ii) to a member of the family of such a person where the payment is made by virtue of that person’s involvement in the trade dispute.

• (4) For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were one such payment.

• (5) For the purposes of sub-paragraph (2) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.

• (6) Sub-paragraph (2) shall apply to a claimant in a residential care home or nursing home only if his applicable amount falls to be calculated in accordance with regulation 86.

16

• (1) Subject to paragraphs (2) to (4), in the case of a claimant placed in a residential care home or nursing home by the Department under Article 36 of the 1972 Order, any charitable payment or voluntary payment made or due to be made at regular intervals.

• (2) This paragraph shall apply only where—

• (a) the claimant was placed in the residential care home or nursing home by the Department because the home was the preferred choice of the claimant, and

• (b) the cost of the accommodation was in excess of what the Department would normally expect to pay having regard to the needs of the claimant assessed by the Department.

• (3) This paragraph shall not apply in the case of a person whose applicable amount falls to be calculated under regulation 86 (persons in residential care or nursing homes with preserved rights).

• (4) The amount to be disregarded under sub-paragraph (1) shall not exceed the difference between the actual cost of the accommodation provided by the Department and the cost the Department would normally incur for a person with the particular needs of the claimant.

17

Subject to paragraphs 38 and 39, £10 of any of the following, namely—

• (a) a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 9 or 10);

• (b) a war widow’s pension;

• (c) a pension payable to a person as a widow under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983[^f00168] insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865[^f00169] or the Pensions and Yeomanry Pay Act 1884[^f00170], or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977[^f00171] and any power of Her Majesty otherwise than under any statutory provision, to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

• (d) a payment made to compensate for the non-payment of such a pension as is mentioned in sub-paragraphs (a) to (c);

• (e) a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions mentioned in sub-paragraphs (a) to (c);

• (f) a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.

18

Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions—

• (a) that the loan was made as part of a scheme under which not less than 90 per cent. of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of 2 or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;

• (b) that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;

• (c) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;

• (d) that the loan was secured on a dwelling in Northern Ireland and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling, and

• (e) that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid,

the amount, calculated on a weekly basis equal to—

• (i) where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988[^f00172] (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act[^f00173];

• (ii) in any other case the interest which is payable on the loan without deduction of such a sum.

19

Any payment made to the claimant by a person who normally resides with the claimant, which is a contribution towards that person’s living and accommodation costs, except where that person is residing with the claimant in circumstances to which paragraph 20 or 21 refers.

20

Where the claimant occupies a dwelling as his home and the dwelling is also occupied by another person and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family—

• (a) £4 of the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family, and

• (b) a further £9·25, where the aggregate of any such payments is inclusive of an amount for heating.

21

Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—

• (a) where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such persons does not exceed £20, 100 per cent. of such payments, or

• (b) where the aggregate of any such payments exceeds £20, £20 and 50 per cent. of the excess over £20.

22

• (1) Subject to sub-paragraph (2), except where regulation 105(10)(a)(i) (notional income) applies or in the case of a payment made—

• (a) to a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes), or

• (b) to a member of the family of such a person where the payment is made by virtue of that person’s involvement in the trade dispute,

any income in kind.

• (2) The exceptions under sub-paragraph (1) shall not apply where the income in kind is received from the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds.

23

• (1) Any income derived from capital to which the claimant is, or is treated under regulation 115 (capital jointly held) as, beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraph 1, 2, 4 to 8, 11 or 17 of Schedule 7.

• (2) Income derived from capital disregarded under paragraph 2 or 4 to 8 of Schedule 7 but only to the extent of—

• (a) any mortgage repayments made in respect of the premises or land in the period during which that income accrued, or

• (b) any rates which the claimant is liable to pay in respect of the premises or land and which are paid in the period during which that income accrued.

• (3) Where income is derived from conacre or agistment letting any expenses reasonably incurred thereon including the repayment of interest and capital on any loan used for the purchase of land under the Northern Ireland Land Act 1925[^f00174].

24

Any income which is payable in a country outside the United Kingdom for such period during which there is prohibition against the transfer to the United Kingdom of that income.

25

Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

26

• (1) Any payment made to the claimant in respect of a child or young person who is a member of his family—

• (a) in accordance with a scheme approved by the Department under Article 59(4) of the Adoption (Northern Ireland) Order 1987[^f00175] (schemes for payments of allowances to adopters);

• (b) in accordance with a scheme approved by the Secretary of State under section 57(4) of the Adoption Act 1976[^f00176] or, as the case may be, section 51(5) of the Adoption (Scotland) Act 1978[^f00177] (schemes for payments of allowances to adopters);

• (c) 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 1989[^f00178] (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order),

to the extent specified in sub-paragraph (2).

• (2) In the case of a child or young person—

• (a) to whom regulation 106(5) (capital in excess of £3,000) applies, the whole payment;

• (b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the applicable amount in respect of that child or young person and where applicable to him any amount by way of a disabled child premium.

27

Any payment made by a Health and Social Services Board or an HSS trust or training school within the meaning of section 137 of the Children and Young Persons Act (Northern Ireland) 1968[^f00179] to the claimant with whom a person is accommodated by virtue of arrangements made under Article 27(2)(a) of the Children (Northern Ireland) Order 1995[^f00180] or by a voluntary organisation under Article 75(1)(a) of that Order.

28

Any payment made by a Health and Social Services Board or an HSS trust, training school or voluntary organisation to the claimant in respect of a person who is not normally a member of the claimant’s household but is temporarily in his care.

29

Except in the case of a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes), any payment made by a Health and Social Services Board or an HSS trust under Article 18, 35 or 36 of the Children (Northern Ireland) Order 1995 (Health and Social Services Boards' or HSS trusts' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care).

30

Subject to sub-paragraph (2), any payment received under an insurance policy, taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under paragraph 14 or 15 of Schedule 2 (housing costs in respect of loans to acquire an interest in the dwelling, or for repairs and improvements to the dwelling, occupied as the home) and used to meet such repayments, to the extent that it does not exceed the aggregate of—

• (a) the amount, calculated on a weekly basis, of any interest on that loan which is in excess of the amount met in accordance with Schedule 2 (housing costs);

• (b) the amount of any payment, calculated on a weekly basis, due on the loan attributable to the repayment of capital, and

• (c) any amount due by way of premiums on—

• (i) that policy, or

• (ii) an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home.

• (2) This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 105(10)(a)(ii) (notional income).

31

• (1) Except where paragraph 30 applies, and subject to sub-paragraph (2), any payment made to the claimant which is intended to be used and is used as a contribution towards—

• (a) any payment due on a loan if secured on the dwelling occupied as the home which does not qualify under Schedule 2 (housing costs);

• (b) any interest payment or charge which qualifies in accordance with paragraphs 14 to 16 of Schedule 2 to the extent that the payment or charge is not met;

• (c) any payment due on a loan which qualifies under paragraph 14 or 15 of Schedule 2 attributable to the payment of capital;

• (d) any amount due by way of premiums on—

• (i) an insurance policy taken out to insure against the risk of being unable to make the payments referred to in heads (a) to (c), or

• (ii) an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home;

• (e) his rent in respect of the dwelling occupied by him as his home but only to the extent that it is not met by housing benefit; or his accommodation charge but only to the extent that the actual charge increased, where appropriate, in accordance with paragraph 2 of Schedule 3 exceeds the amount determined in accordance with regulation 86 (residential care and nursing homes) or the amount payable by the Department under Article 36(3) of the 1972 Order.

• (2) This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 105(10)(a)(ii) (notional income).

32

• (1) Subject to sub-paragraphs (2) and (3), in the case of a claimant in a residential care home or nursing home, any payment, whether or not the payment is charitable or voluntary but not a payment to which paragraph 16 applies, made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home.

• (2) This paragraph shall not apply to a claimant for whom accommodation in a residential care home or nursing home is provided by the Department under Article 15 or 36 of the 1972 Order or whose applicable amount falls to be calculated in accordance with regulation 86 (residential care and nursing homes).

• (3) The amount to be disregarded under this paragraph shall not exceed the difference between—

• (a) the claimant’s applicable amount less any of the amounts referred to in paragraph 10 of Schedule 3 (personal allowances) which would be applicable to the claimant if his applicable amount fell to be calculated in accordance with that Schedule, and

• (b) the weekly charge for the accommodation.

33

Any social fund payment made pursuant to Part VIII of the Benefits Act.

34

Any payment of income which under regulation 110 (income treated as capital) is to be treated as capital.

35

Any payment under Part X of the Benefits Act (pensioner’s Christmas bonus).

36

In the case of a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes), any payment up to the amount of the prescribed sum within the meaning of Article 17(2)(d) of the Order made by a trade union.

37

Any payment which is due to be paid before the date of claim which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.

38

The total of a claimant’s income or, if he is a member of a family, the family’s income and the income of any person which he is treated as possessing under regulation 88(4) (calculation of income and capital of members of claimant’s family and of a polygamous marriage) to be disregarded under regulations 132(2)(b) and 133(1)(c) (calculation of covenant income where a contribution assessed) and regulation 136(2) (treatment of student loans) and paragraphs 15(1) and 17 shall in no case exceed £20 per week.

39

Notwithstanding paragraph 38, where 2 or more payments of the same kind and from the same source are to be taken into account in the same benefit week, there shall be disregarded from each payment the sum which would otherwise fall to be disregarded under this Schedule; but this paragraph shall only apply in the case of a payment which it has not been practicable to treat under regulation 96(1)(b) (date on which income treated as paid) as paid on the first day of the benefit week in which it is due to be paid.

40

Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) (Amendment No. 2) Regulations (Northern Ireland) 1987[^f00181].

41

• (1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust (“the Trusts”) or the Independent Living Funds.

• (2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

• (a) that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced;

• (b) any child or young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

• (a) the person who is suffering from haemophilia or who is a qualifying person;

• (b) any child or young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—

• (a) that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person’s family, and

• (b) the payment is made either—

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education, and had no parent or step-parent, to his guardian,

but only for a period from and including the date of the payment until the end of 2 years from that person’s death.

• (5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—

• (a) that person at the date of his death (“the relevant date”) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family, and

• (b) the payment is made either—

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education, and had no parent or step-parent, to his guardian,

but only for a period of 2 years from and including the relevant date.

• (6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any income which derives from any payment of income or capital made under or deriving from any of the Trusts.

42

Any payment made by the Department to compensate for the loss (in whole or in part) of entitlement to housing benefit.

43

Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the Order or the Benefits Act.

44

Any community charge benefit.

45

Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988[^f00182] or section 9A of the Abolition of Domestic Rates etc. (Scotland) Act 1987[^f00183] (reduction of liability for personal community charges) or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992[^f00184] (reduction of liability for council tax).

46

Any special war widows payment made under—

• (a) the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865[^f00185];

• (b) the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977[^f00186];

• (c) the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917[^f00187];

• (d) the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980[^f00188];

• (e) the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980[^f00189],

and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e).

47

• (1) Any payment or repayment made under regulation 3, 5 or 8 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 1989[^f00190] (entitlement to full remission and payment, persons entitled to remission in part or payment in part, or repayment).

• (2) Any payment or repayment made by the Department which is analogous to a payment or repayment mentioned in sub-paragraph (1).

48

Any payment made under regulation 8, 9, 10 or 12 of the Welfare Foods Regulations (Northern Ireland) 1988[^f00191] (failure to receive milk tokens, inability to purchase dried milk at a reduced price, inability to obtain free vitamins or absence of beneficiary for less than a week).

49

Any payment made under a scheme established by the Northern Ireland Office to assist relatives and other persons to visit persons in custody.

50

Any payment (other than a training allowance) made, whether by the Department of Economic Development or by any other person, under the Disabled Persons (Employment) Act (Northern Ireland) 1945[^f00192] or in accordance with arrangements made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950[^f00193] to assist disabled persons to obtain or retain employment despite their disability.

51

Any council tax benefit.

52

Where the claimant is in receipt of any benefit under Parts II, III or V of the Benefits Act or pension under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983[^f00194], any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of that Act or the rate of that pension under that Order where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

53

Any supplementary pension under Article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983[^f00195] (pensions to widows).

54

In the case of a pension awarded at the supplementary rate under Article 27(3) of the Personal Injuries (Civilians) Scheme 1983[^f00196] (pensions to widows), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.

55

• (1) Any payment which is—

• (a) made under any of the Dispensing Instruments to a widow of a person—

• (i) whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown, and

• (ii) whose service in such capacity terminated before 31st March 1973, and

• (b) equal to the amount specified in Article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).

• (2) In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922[^f00197] (exceptional grants of pay, non-effective pay and allowances).

SCHEDULE 7 — Capital to be Disregarded

1

The dwelling occupied as the home but, notwithstanding regulation 88, (calculation of income and capital of members of claimant’s family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.

2

Any premises or land acquired for occupation by the claimant which he intends to occupy as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises or land.

3

Any sum directly attributable to the proceeds of sale of—

• (a) any premises formerly occupied by the claimant as his home, or

• (b) any premises which the claimant continues to occupy as his home and which were occupied by him as his home immediately before the compulsory acquisition of those premises from him under any statutory provision,

which is to be used for the purchase of other premises or land intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.

4

Any premises occupied in whole or in part as the home by—

• (a) a partner or relative of a single claimant or of any member of the family where that person is aged 60 or over or is incapacitated;

• (b) the former partner of a claimant; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced.

5

Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner, that dwelling for a period of 26 weeks from and including the date on which he ceased to occupy that dwelling.

6

Any premises or land where the claimant is taking reasonable steps to dispose of those premises or that land, for a period of 26 weeks from and including the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises or that land.

7

Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from and including the date on which he first sought such advice or first commenced such proceedings, whichever is earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.

8

Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from and including the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is reasonable in the circumstances to enable those repairs or alterations to be carried out and the claimant to commence occupation of the premises.

9

Any grant made in Great Britain to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988[^f00198] or section 66 of the Housing (Scotland) Act 1988^f00199 which is to be used—

• (a) to purchase premises intended for occupation as his home, or

• (b) to carry out repairs or alterations which are required to render premises fit for occupation as his home,

for a period of 26 weeks from and including the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as his home.

10

Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.

11

• (1) The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner or, if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

• (2) The assets of any business owned in whole or in part by the claimant where—

• (a) he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement, but

• (b) he intends to become engaged or, as the case may be, re-engaged as a self-employed earner in that business as soon as he recovers or is able to become engaged or re-engaged in that business,

for a period of 26 weeks from and including the date on which the claim for a jobseeker’s allowance is made, or is treated as made, or if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.

12

Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—

• (a) any payment specified in paragraph 7, 9 or 10 of Schedule 6 (other income to be disregarded);

• (b) a jobseeker’s allowance or an income-related benefit under Part VII of the Benefits Act,

but only for a period of 52 weeks from and including the date of receipt of the arrears or the concessionary payment.

13

Any sum—

• (a) paid to the claimant in consequence of damage to, or loss of, the home or any personal possession and intended for its repair or replacement, or

• (b) acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvements to the home,

and which is to be used for the intended purpose, for a period of 26 weeks from and including the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to enable the claimant to effect the repairs, replacement or improvements.

14

Any sum—

• (a) deposited with a housing association as a condition of occupying the home;

• (b) which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as is reasonable in the circumstances to complete the purchase.

15

Any personal possessions except those which have or had been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to a jobseeker’s allowance or to income support or to increase the amount of those benefits.

16

The value of the right to receive any income under an annuity and the surrender value (if any) of such an annuity.

17

Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant, the value of the trust fund and the value of the right to receive any payment under that trust.

18

The value of the right to receive any income under a life interest.

19

The value of the right to receive any income which is disregarded under paragraph 14 of Schedule 5 or paragraph 24 of Schedule 6 (earnings or other income payable in a country outside the United Kingdom).

20

The surrender value of any policy of life insurance.

21

Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.

22

Except in the case of a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes), any payment made by a Health and Social Services Board or an HSS trust under Article 18, 35 or 36 of the Children (Northern Ireland) Order 1995[^f00200] (Health and Social Services Boards' or HSS trusts' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care).

23

Any social fund payment made pursuant to Part VIII of the Benefits Act.

24

Any refund of tax which falls to be deducted under section 369 of the Income and Corporation Taxes Act 1988 (deductions of tax from certain loan interest) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements in the home.

25

Any capital which under regulation 104, 106(1) or 136 (capital treated as income, modifications in respect of children and young persons and treatment of student loans) is to be treated as income.

26

Where a payment of capital is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

27

• (1) Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust (“the Trusts”) or the Independent Living Funds.

• (2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

• (a) that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced, or

• (b) any child or young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—

• (a) the person who is suffering from haemophilia or who is a qualifying person, or

• (b) any child or young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.

• (4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers, where—

• (a) that person has no partner or former partner from whom he is not estranged or divorced, nor any child or young person who is or had been a member of that person’s family, and

• (b) the payment is made either—

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the date of payment is a child, a young person or a student who has not completed his full-time education, and has no parent or step-parent, to his guardian,

but only for a period from and including the date of the payment until the end of 2 years from that person’s death.

• (5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers, where—

• (a) that person at the date of his death (“the relevant date”) had no partner or former partner from whom he was not estranged or divorced, nor any child or young person who was or had been a member of his family, and

• (b) the payment is made either—

• (i) to that person’s parent or step-parent, or

• (ii) where that person at the relevant date was a child, a young person or a student who had not completed his full-time education, and had no parent or step-parent, to his guardian,

but only for a period of 2 years from and including the relevant date.

• (6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.

28

The value of the right to receive an occupational or personal pension.

29

The value of any funds held under a personal pension scheme or retirement annuity contract.

30

The value of the right to receive any rent except where the claimant has a reversionary interest in the property in respect of which rent is due.

31

Any payment in kind made by a charity or under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds.

32

£200 of any payment or, if the payment is less than £200, the whole of any payment made under section 4 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or section 1 of the Employment and Training Act (Northern Ireland) 1950 as a training bonus to a person participating in arrangements for training under either of those Acts.

33

Any payment made under arrangements made by the Department to compensate for the loss (in whole or in part) of entitlement to housing benefit.

34

Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the Order or under the Benefits Act.

35

Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates etc. (Scotland) Act 1987 (reduction of liability for personal community charge) or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax), but only for a period of 52 weeks from and including the date of the receipt of the payment.

36

• (1) Any payment or repayment made under regulation 3, 5 or 8 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 1989 (entitlement to full remission and payment, persons entitled to remission in part or payment in part, or repayment), but only for a period of 52 weeks from and including the date of receipt of the payment or repayment.

• (2) Any payment or repayment made by the Department which is analogous to a payment or repayment mentioned in sub-paragraph (1), but only for a period of 52 weeks from and including the date of receipt of the payment or repayment.

37

Any payment made under regulation 8, 9, 10 or 12 of the Welfare Foods Regulations (Northern Ireland) 1988 (failure to receive milk tokens, inability to purchase dried milk at a reduced price, inability to obtain free vitamins or absence of beneficiary for less than a week), but only for a period of 52 weeks from and including the date of receipt of the payment.

38

Any payment made under a scheme established by the Northern Ireland Office to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from and including the date of receipt of the payment.

39

Any arrears of special war widows payment which is disregarded under paragraph 46 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 53, 54 or 55 of that Schedule, but only for a period of 52 weeks from and including the date of receipt of the arrears.

40

Any payment (other than a training allowance, or a training bonus under section 3(3) of the Employment and Training Act (Northern Ireland) 1950) made, whether by the Department of Economic Development or by any other person, under the Disabled Persons (Employment) Act (Northern Ireland) 1945 or in accordance with arrangements made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950 to assist disabled persons to obtain or retain employment despite their disability.

41

Any sum of capital administered on behalf of a person under the age of 18 by the High Court under the provisions of Order 80 or 109 of the Rules of the Supreme Court (Northern Ireland) 1980[^f00201] or by a County Court under Order 3 or 44 of the County Court Rules (Northern Ireland) 1981[^f00202] or Article 21 of the County Courts (Northern Ireland) Order 1980[^f00203], where such sum derives from—

• (a) an award of damages for a personal injury to that person, or

• (b) compensation for the death of one or both parents.

42

Any payment to the claimant as holder of the Victoria Cross or George Cross.

Signed

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L. Frew — Assistant Secretary — 15th May 1996.

Explanatory note

(This note is not part of the Regulations.)

These Regulations are made by virtue of, or are consequential upon, provisions in the Jobseekers (Northern Ireland) Order 1995 (“the 1995 Order”).

Article 3 of the 1995 Order introduces a new benefit, to be known as a jobseeker’s allowance, for those available for and actively seeking employment. Many of these Regulations are made under powers contained in Part II of the 1995 Order.

Part I of these Regulations contains provisions relating to citation, commencement and interpretation.

Part II is about jobseeking. Regulation 4 is a general interpretation provision for this Part. Chapter II of Part II contains detailed provisions on the requirement to be available for employment. In particular, they provide that a person—

• (a) must normally be available to take up employment of at least 40 hours per week and if he restricts the hours for which he is available to 40 hours per week the times he is available must offer reasonable prospects of securing employment (regulations 6 and 7);

• (b) may place other restrictions on his availability provided he can show that he has reasonable prospects of securing employment notwithstanding those restrictions (regulation 8).

Regulations 14 to 17 contain provisions setting out the circumstances in which a person is to be treated as available for employment.

Chapter III contains provisions setting out the steps a person must take to establish that he is actively seeking employment (regulation 18) and specifies the circumstances in which a person is to be treated as actively seeking employment (regulations 19 to 22).

Chapter IV contains provisions as to attendance by the claimant (regulation 23) and the provision of information and evidence (regulation 24). Regulations 25 to 30 provide for the circumstances in which entitlement to a jobseeker’s allowance is to cease in the case of a failure to comply with regulation 23 or 24 and for the matters to be taken into account in determining whether to stop entitlement.

Chapter V contains details of the contents of the Jobseeker’s Agreement (regulation 31) and matters relating to backdating (regulation 35), reviews (regulation 41) and appeals (regulations 42 to 45).

Part III also deals with conditions of entitlement. Regulation 46 provides for the number of waiting days at the beginning of a jobseeking period to be 3, and regulation 47 identifies which days count for the purpose of determining the jobseeking period. Regulation 48 provides for certain periods, including any period during which a person is on jury service, to link with jobseeking periods to provide continuity. Regulation 49 treats certain people approaching pensionable age as satisfying the jobseeking conditions. Provisions are included dealing with persons who are temporarily absent from Northern Ireland (regulation 50) and for those who are engaged in remunerative work (regulations 51 to 53). There are also provisions relating to relevant education (regulation 54) and short periods of sickness (regulation 55).

Part IV contains provisions in respect of young people who fall within the prescribed circumstances as referred to in regulation 58 or for whom a direction under Article 18 of the 1995 Order is in operation. It contains special rules for young people as to the availability for employment and actively seeking employment tests, the jobseeker’s agreement and sanctions.

Part V deals with sanctions, when they apply and whether claimants have good cause for their actions (regulations 72 and 73).

Part VI identifies who is and who is not a member of the claimant’s family.

Part VII specifies the amount of the contribution-based jobseeker’s allowance (regulations 79 to 81) and provides for the calculation of the applicable amount in a variety of situations (regulations 82 to 86 and Schedules 1 to 4).

Part VIII contains provisions for the calculation of income and capital. Chapters II to VI make provision for income not expressly disregarded to be taken into account on a weekly basis; define earnings and prescribe the manner in which earnings and other income are to be calculated; they also prescribe the circumstances in which capital is to be treated as income and a person is to be treated as possessing income which he in fact does not possess. Chapter VI makes provision for the calculation of capital; sets the capital limit over which a person is not to be entitled to benefit at £8,000 and provides for a weekly tariff income on capital over £3,000 but under £8,000 at a rate of £1 for every £250. Chapters VII to IX make special provisions in relation to the calculation of payments made by liable relatives, under child support legislation and in respect of students (regulations 88 to 139 and Schedules 5 to 7).

Part IX contains provision for the payment of “hardship” payments, that is to say, payments of an income-based jobseeker’s allowance at less than the full rate to a person who would not otherwise have any payments of a jobseeker’s allowance (regulation 145). Regulation 140 identifies the circumstances in which a person is regarded as being in hardship.

Part X contains provision for certain persons from abroad who would otherwise have a nil applicable amount, to be given a reduced applicable amount (regulations 147 to 149).

Part XI contains details enabling the applicable amount to be calculated where the claimant is entitled to a jobseeker’s allowance for a period of less than a week (regulations 150 to 155).

Part XII contains additional rules for certain special categories of claimant, namely share fishermen and persons outside Northern Ireland (regulations 156 to 166).

Part XIII contains miscellaneous items relating to the recovery of maintenance, training allowances and trade disputes (regulations 167 to 170).

Articles 2(2), 4(1)(c), 5(1)(f)(iii), (2) and (4), 6(1)(b), (2), (4), (5) and (12), 7(3), 8(2) to (5) and (8), 9(2) to (6) and (8), 10, 11(1), (8), (10), (11) and (12), 12(1), (6)(c) and (7), 13(2), (5) and (7), 14, 15, 17(1), (2)(d), (5) and (6), 19(1), 21(2), (4), (7), (8) and (10)(c), 22(3) to (8), 25(1), (3) and (4), 36(2) and 39 of, and Schedule 1 to, the 1995 Order are some of the enabling provisions under which these Regulations are made, and are brought into operation on 5th February 1996 by virtue of the Jobseekers (1995 Order) (Commencement No. 1) Order (Northern Ireland) 1996 (S.R. 1996 No. 26 (C. 3)). Since these Regulations are made before the end of a period of 6 months from the commencement of the said Articles, they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), from reference to the Social Security Advisory Committee.

Footnotes

[^f00001]: S.I. 1995/2705 (N.I. 15)

[^f00002]: 1992 c. 8

[^f00003]: 1992 c. 7; section 167D was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

[^f00004]: 1971 c. 77

[^f00005]: S.I. 1972/1265 (N.I. 14)

[^f00006]: S.I. 1991/2628 (N.I. 23)

[^f00007]: S.I. 1992/3204 (N.I. 20)

[^f00008]: S.I. 1983/686; relevant amending regulations are S.I. 1984/1675

[^f00009]: S.R. 1979 No. 5; relevant amending regulations are S.R. 1980 No. 261, S.R. 1982 No. 114, S.R. 1987 No. 130 and S.R. 1988 No. 273

[^f00010]: S.R. 1987 No. 465

[^f00011]: Regulation 6 was amended by S.R. 1988 No. 141, S.R. 1989 No. 398, S.R. 1990 No. 137, S.R. 1991 No. 488, S.R. 1992 No. 7, S.R. 1993 No. 375 and S.R. 1994 No. 345

[^f00012]: S.I. 1986/594 (N.I. 3)

[^f00013]: S.I. 1991/194 (N.I. 1)

[^f00014]: S.I. 1994/429 (N.I. 2)

[^f00015]: S.I. 1992/1725 (N.I. 15)

[^f00016]: S.R. 1987 No. 459

[^f00017]: 1988 c. 1; the definition of “lower rate” was inserted by section 9(9) of the Finance Act 1992 (c. 20)

[^f00018]: S.I. 1976/2147 (N.I. 28); Articles 14 to 32 were substituted by Article 3 of, and Schedule 1 to, S.I. 1993/2668 (N.I. 11)

[^f00019]: S.I. 1983/883; Article 26A was inserted by S.I. 1983/1116 and amended by S.I. 1983/1521 and S.I. 1986/592

[^f00020]: S.I. 1983/686; Article 25A was inserted by S.I. 1983/1164 and amended by S.I. 1983/1540 and S.I. 1986/628

[^f00021]: 1988 c. 1

[^f00022]: S.R. 1995 No. 1

[^f00023]: 1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

[^f00024]: 1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))

[^f00025]: S.I. 1983/883

[^f00026]: S.I. 1983/686

[^f00027]: 1939 c. 83

[^f00028]: 1939 c. 83

[^f00029]: 1947 c. 19

[^f00030]: 1969 c. 65

[^f00031]: Cmnd 4567

[^f00032]: 1988 c. 1

[^f00033]: 1954 c. 33 (N.I.)

[^f00034]: The definition of “pensionable age” was substituted by paragraph 9(a) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))

[^f00035]: S.I. 1984/1821 (N.I. 11)

[^f00036]: 1965 c. 19 (N.I.); section 1 was amended by Part II of Schedule 5 to the Industrial Relations (Northern Ireland) Order 1976 (S.I. 1976/1043(N.I. 16) ) and paragraph 1 of Schedule 2 to the Industrial Relations (Northern Ireland) Order 1987 (S.I. 1987/936 (N.I. 9))

[^f00037]: Schedule 1B was inserted by regulation 22 of, and Schedule 1 to, S.R. 1996 No. 199

[^f00038]: 1953 c. 18 (N.I.)

[^f00039]: S.I. 1979/591; relevant amending regulations are S.I. 1980/1975 and S.I. 1994/1553

[^f00040]: S.I. 1981/839 (N.I. 20); Article 11 was amended by paragraph 5 of Schedule 10 to the Deregulation and Contracting Out Act 1994 (c. 40)

[^f00041]: 1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))

[^f00042]: 1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

[^f00043]: S.R. 1975 No. 113

[^f00044]: S.R. 1995 No. 293

[^f00045]: S.R. 1987 No. 112

[^f00046]: Part XIIA was inserted by regulation 7 of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

[^f00047]: Section 35 was amended by regulation 2 of the Maternity Allowance and Statutory Maternity Pay Regulations (Northern Ireland) 1994 (S.R. 1994 No. 176)

[^f00048]: Section 30C was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

[^f00049]: S.R. 1991 No. 338

[^f00050]: S.I. 1984/1821 (N.I. 11)

[^f00051]: S.I. 1979/591; Part I of Schedule 3 substituted by regulation 6 of S.I. 1980/1975 and amended by regulation 4 of S.I. 1994/1553

[^f00052]: 1970 c. 9 (N.I.)

[^f00053]: Section 167F was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

[^f00054]: 1953 c. 18 (N.I.)

[^f00055]: Schedule 1B is inserted by regulation 22 of, and Schedule 1 to, S.R. 1996 No. 199

[^f00056]: S.I. 1995/755 (N.I. 2)

[^f00057]: 1968 c. 29 (N.I.)

[^f00058]: Section 123(1)(e) was inserted by paragraph 13(5) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

[^f00059]: 1965 c. 19 (N.I.)

[^f00060]: S.I. 1986/595 (N.I. 4)

[^f00061]: S.R. 1989 No. 253

[^f00062]: 1968 c. 34 (N.I.)

[^f00063]: 1886 c. 27

[^f00064]: 1955 c. 18

[^f00065]: 1955 c. 19

[^f00066]: 1957 c. 53

[^f00067]: S.I. 1972/1265 (N.I. 14)

[^f00068]: S.I. 1977/1250 (N.I. 17)

[^f00069]: S.I. 1978/1045 (N.I. 15)

[^f00070]: S.I. 1980/563 (N.I. 5)

[^f00071]: S.I. 1987/2203 (N.I. 22)

[^f00072]: S.I. 1995/755 (N.I. 2)

[^f00073]: 1971 c. 77, as amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4

[^f00074]: Cmnd. 9512

[^f00075]: Cmnd. 2643

[^f00076]: Cmnd. 9171

[^f00077]: Cmnd. 3906

[^f00078]: See Home Office evidence to the House of Commons Home Affairs Committee, Sub-committee on Race Relations and Immigration (SCORRI) 1984-85 Session; 17th December 1984; paragraphs 44 to 47

[^f00079]: S.R. 1975 No. 109; relevant amending regulations are S.R. 1987 No. 39

[^f00080]: 1953 c. 18 (N.I.)

[^f00081]: S.I. 1972/1265 (N.I. 14); Article 15 was extended by sections 1 and 2 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 and amended by Schedule 5 to the Health and Personal Social Services (Northern Ireland) Order 1991 and paragraph 2(2) of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992. Article 36 was substituted by Article 25 of the Health and Personal Social Services (Northern Ireland) Order 1991 and amended by paragraph 2(3) to (5) of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992

[^f00083]: S.R. 1987 No. 460

[^f00084]: Schedule 3A was inserted by S.R. 1988 No. 318. Schedule 3B was inserted by S.R. 1989 No. 139

[^f00086]: S.R. 1993 No. 311

[^f00087]: S.R. 1995 No. 86

[^f00088]: Regulation 3A was inserted by S.R. 1989 No. 395; relevant amending regulations are S.R. 1995 No. 434 and S.R. 1996 No. 199

[^f00089]: S.I. 1976/1043 (N.I. 16); Article 49 was amended by regulation 3 of S.R. 1995 No. 417

[^f00090]: 1965 c. 19 (N.I.); paragraph 5 of Schedule 3 was substituted by Part II paragraph 39 of Schedule 5 to the Industrial Relations (Northern Ireland) Order 1976 (S.I. 1976/1043 (N.I. 16)) and paragraph 5(4) was amended by the Schedule to S.R. 1995 No. 342

[^f00091]: S.I. 1976/1043 (N.I. 16); Article 32(2)(a) and (5) was amended by paragraph 4(5) of Schedule 3 to the Industrial Relations (Northern Ireland) Order 1987 (S.I. 1987/936 (N.I. 9)). Articles 39 and 41 were substituted by Schedule 3 to the Industrial Relations (Northern Ireland) Order 1993 (S.I. 1993/2668 (N.I. 11))

[^f00092]: S.I. 1976/2147 (N.I. 28); Article 3 was amended by paragraph 8(1) of Schedule 2 to, and paragraph 5(2) of Schedule 3 to, the Industrial Relations (Northern Ireland) Order 1987. Article 9 was amended by paragraph 5(a) of Schedule 6 of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)) and paragraph 9(1) of Schedule 2 to the Industrial Relations (Northern Ireland) Order 1987. Article 23 was substituted by Schedule 1 to the Industrial Relations (Northern Ireland) Order 1993

[^f00093]: Article 33 was inserted by Article 7(2) of the Industrial Relations (Northern Ireland) Order 1987. Article 34 was amended by Article 11 of the Industrial Relations (Northern Ireland) Order 1982 (S.I. 1982/528 (N.I. 8)), Article 6 of, paragraph 5(3) of Schedule 2 to, paragraph 4(6) of Schedule 3 to, and Schedule 4 to, the Industrial Relations (Northern Ireland) Order 1987 and paragraph 6 of the Schedule to S.R. 1995 No. 342. Articles 39 to 41 were substituted by Schedule 3 to the Industrial Relations (Northern Ireland) Order 1993 (S.I. 1993/2668 (N.I. 11)). Article 51 was amended by regulation 5 of S.R. 1995 No. 417

[^f00094]: Section 11(1) was amended by Part II paragraph 13 of Schedule 5 to the Industrial Relations (Northern Ireland) Order 1976

[^f00095]: 1925 c. 34

[^f00096]: 1988 c. 1; sections 257 to 257F were substituted for section 257 by section 33 of the Finance Act 1988 (c. 39); section 259 was amended by sections 30 and 35 of the Finance Act 1988, section 20 of the Finance (No. 2) Act 1992 (c. 48) and section 77 of, and paragraph 6 of Schedule 8 to, the Finance Act 1994 (c. 9)

[^f00097]: Copies of the rules relating to the earnings top-up scheme are available from the Department of Social Security, B2B, 9th Floor, The Adelphi, John Adam Street, London WC2N 6HT

[^f00098]: S.I. 1990/1506 (N.I. 11)

[^f00099]: 1990 c. 6

[^f00100]: S.I. 1995/755 (N.I. 2)

[^f00101]: S.R. 1976 No. 233; relevant amending regulations are S.R. 1980 No. 37, S.R. 1993 No. 169 and S.R. 1995 No. 71

[^f00102]: S.R. 1987 No. 465; regulation 7(5) was added by regulation 5(3) of S.R. 1995 No. 367

[^f00103]: 1993 c. 49

[^f00104]: S.I. 1986/594 (N.I. 3)

[^f00105]: 1989 c. 41

[^f00106]: S.R. 1987 No. 461, to which there are amendments not relevant to these Regulations

[^f00107]: Section 72A was inserted by Article 18 of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))

[^f00108]: Section 72A was inserted by Article 18 of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13))

[^f00109]: S.R. 1992 No. 390; regulation 4 was amended by regulation 4(2) of S.R. 1995 No. 162

[^f00110]: S.I. 1991/1522

[^f00111]: S.I. 1995/1739

[^f00112]: S.I. 1986/594 (N.I. 3)

[^f00113]: 1944 c. 31 as amended by Article 3(22) of, and Schedule 1 to, S.I. 1974/595 and Article 4(1) of S.I. 1977/293

[^f00114]: 1973 c. 65

[^f00115]: 1965 c. 4

[^f00116]: 1980 c. 44

[^f00117]: S.R. 1995 No. 1

[^f00118]: S.I. 1990/1506 (N.I. 11)

[^f00119]: 1990 c. 6

[^f00120]: 1995 c. 21

[^f00121]: S.R. 1975 No. 108

[^f00122]: S.R. 1979 No. 186; relevant amending regulations are S.R. 1996 No. 58

[^f00123]: 1925 c. 34

[^f00124]: S.R. 1975 No. 108, to which there are amendments not relevant to these Regulations

[^f00125]: S.I. 1995/2705 (N.I. 15)

[^f00126]: S.I. 1979/97

[^f00127]: S.R. 1979 No. 186; relevant amending regulations are S.R. 1986 No. 71, S.R. 1989 Nos. 70 and 384, S.R. 1990 No. 97, S.R. 1993 No. 59 and S.R. 1995 No. 88

[^f00128]: S.I. 1981/1675 (N.I. 26)

[^f00129]: S.R. 1979 No. 242

[^f00130]: 1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

[^f00131]: 1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))

[^f00132]: Regulation 43 was amended by regulation 22 of S.R. 1992 No. 7

[^f00133]: Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

[^f00134]: 1977 c. 49

[^f00135]: 1978 c. 29

[^f00136]: Regulation 41 was amended by regulation 20 of S.R. 1992 No. 7

[^f00137]: Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

[^f00138]: S.R. 1991 No. 474; relevant amending regulations are S.R. 1991 No. 520

[^f00139]: S.R. 1979 No. 242; relevant amending regulations are S.R. 1980 No. 451, S.R. 1983 No. 36 and S.R. 1984 No. 317

[^f00140]: Paragraph 9A was substituted by regulation 5(a) of S.R. 1989 No. 139

[^f00141]: Section 167E was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

[^f00142]: Article 15 was extended by sections 1 and 2 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (c. 53) and amended by Schedule 5 to the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) and paragraph 2(2) of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20)). Article 36 was substituted by Article 25 of the Health and Personal Social Services (Northern Ireland) Order 1991 and amended by paragraph 2(3) to (5) of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992

[^f00143]: Paragraph 5A was inserted by regulation 2 of S.R. 1994 No. 138 and revoked by Schedule 4 to S.R. 1995 No. 301

[^f00144]: S.I. 1977/2157 (N.I. 28)

[^f00145]: 1988 c. 1; section 369(1A) was inserted by section 81(3) of the Finance Act 1994 (c. 9)

[^f00146]: 1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

[^f00147]: S.R. 1975 No. 113; regulation 9 was amended by S.R. 1976 No. 321, S.R. 1977 No. 132, S.R. 1978 No. 77, S.R. 1982 No. 42, S.R. 1987 Nos. 153 and 220, S.R. 1988 Nos. 105 and 326, S.R. 1989 No. 368, S.R. 1992 No. 135, S.R. 1994 Nos. 65 and 265 and S.R. 1995 No. 150

[^f00148]: S.R. 1987 No. 461

[^f00149]: Regulation 63 was amended by S.R. 1989 No. 125, S.R. 1990 Nos. 125, 136 and 345, S.R. 1992 Nos. 85 and 549, S.R. 1993 Nos. 145, 195 and 233, S.R. 1994 No. 81 and S.R. 1995 Nos. 71 and 84

[^f00150]: S.R. 1995 No. 350

[^f00151]: S.I. 1988/1990 (N.I. 23)

[^f00152]: S.I. 1995/755 (N.I. 2)

[^f00153]: S.R. 1983 No. 61; relevant amending regulations are S.R. 1986 No. 240

[^f00154]: 1975 c. 15