The Social Security (Sports Awards Amendments) Regulations (Northern Ireland) 1999

Made: 3rd August 1999

Coming into operation in acccordance with regulation 1

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 122(1), 132(3) and (4)(b), 133(2)(d) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00001] and Articles 14(1) and (4)(b) and 36(2) of, and paragraph 1(2)(b) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995[^f00002] and of all other powers enabling it in that behalf, with the consent of the Department of the Environment for Northern Ireland[^f00003] in so far as regulations 2(1) and (2)(c) and 4 are concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of those Regulations should not be referred to it[^f00004], hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Social Security (Sports Awards Amendments) Regulations (Northern Ireland) 1999 and shall come into operation on 23rd August 1999.

• (2) In relation to any particular claimant for either family credit or disability working allowance, regulations 2 and 3 shall have effect, where a claimant has an award of either of those benefits—

• (a) which expires on 23rd August 1999, on 24th August 1999;

• (b) which expires after 23rd August 1999, on the day following the expiration of that award.

• (3) In these Regulations—

• “the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations (Northern Ireland) 1992[^f00005];

• “the Family Credit Regulations” means the Family Credit (General) Regulations (Northern Ireland) 1987[^f00006];

• ...[^f00007]

• “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987[^f00008];

• “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00009].

• (3) The Interpretation Act (Northern Ireland) 1954[^f00010] shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Common amendments: definition of “sports award”

2

• (1) In each of the regulations specified in paragraph (2), there shall be inserted the following definition in the appropriate place—

• “sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993[^f00011] out of sums allocated to it for distribution under that section;

• (2) The regulations specified in this paragraph are—

• (a) regulation 2 of the Disability Working Allowance Regulations;

• (b) regulation 2(1) of the Family Credit Regulations;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) regulation 2(1) of the Income Support Regulations;

• (e) regulation 1(2) of the Jobseeker’s Allowance Regulations.

Amendment of the Disability Working Allowance Regulations and the Family Credit Regulations

3

• (1) Both the Disability Working Allowance Regulations and the Family Credit Regulations shall be amended in accordance with paragraphs (2) to (5).

• (2) In both regulation 6(3) of the Disability Working Allowance Regulations[^f00012] and regulation 4(3) of the Family Credit Regulations[^f00013] (remunerative work) after sub-paragraph (d) there shall be added the following sub-paragraph—

(e) he is engaged in an activity in respect of which— (i) a sports award has been made, or is to be made, to him, and (ii) no other payment is made or is expected to be made to him.

• (3) In both regulation 24(3) of the Disability Working Allowance Regulations[^f00014] and regulation 21(3) of the Family Credit Regulations[^f00015] (earnings of self-employed earners) at the end there shall be added “nor shall it include any sports award.”.

• (4) There shall be added as paragraph 62 of Schedule 3 to the Disability Working Allowance Regulations[^f00016] and as paragraph 64 of Schedule 2 to the Family Credit Regulations[^f00017] (sums to be disregarded in the calculation of income other than earnings) the following paragraph—

(1) Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2). (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or housing costs of any member of the family. (3) For the purposes of sub-paragraph (2)— - “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made; - “housing costs” do not include accommodation costs incurred as a consequence of living away from home whilst training for, or competing in, the sport in respect of which the award was made; - “ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.

• (5) There shall be added as paragraph 55 of Schedule 4 to the Disability Working Allowance Regulations[^f00018] and as paragraph 56 of Schedule 3 to the Family Credit Regulations[^f00019] (sums to be disregarded in the calculation of capital) the following paragraph—

(1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2). (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or housing costs of any member of the family. (3) For the purposes of sub-paragraph (2)— - “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made; - “housing costs” do not include accommodation costs incurred as a consequence of living away from home whilst training for, or competing in, the sport in respect of which the award was made; - “ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.

Amendment of the Housing Benefit Regulations

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Income Support Regulations

5

• (1) The Income Support Regulations shall be amended in accordance with paragraphs (2) to (5).

• (2) In regulation 6 (persons not treated as engaged in remunerative work) after paragraph (k)[^f00024] there shall be added the following paragraph—

(l) he is engaged in an activity in respect of which— (i) a sports award has been made, or is to be made, to him, and (ii) no other payment is made or is expected to be made to him.

• (3) In regulation 37(2)[^f00025] (earnings of a self-employed earner) after sub-paragraph (b) there shall be added—

(c) any sports award.

• (4) At the end of Schedule 9[^f00026] (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph—

(67) (1) Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2). (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable or any housing costs to the extent that they are met under regulation 17(1)(e) (applicable amounts) or 18(1)(f) (polygamous marriages) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family. (3) For the purposes of sub-paragraph (2)— - “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made; - “ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.

• (5) At the end of Schedule 10[^f00027] (sums to be disregarded in the calculation of capital) there shall be added the following paragraph—

(54) (1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2). (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family. (3) For the purposes of sub-paragraph (2)— - “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made; - “ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.

Amendment of the Jobseeker’s Allowance Regulations

6

• (1) The Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) to (5).

• (2) In regulation 53 (persons treated as not engaged in remunerative work) after paragraph (i)[^f00028] there shall be added the following paragraph—

(j) he is engaged in an activity in respect of which— (i) a sports award has been made, or is to be made, to him, and (ii) no other payment is made or is expected to be made to him.

• (3) In regulation 100(2) (earnings of self-employed earners) after sub-paragraph (b) there shall be added the following sub-paragraph—

(c) any sports award.

• (4) At the end of Schedule 6[^f00029] (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph—

(65) (1) Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2). (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable or any housing costs to the extent that they are met under regulation 83(f) (applicable amounts) or 84(1)(g) (polygamous marriages) or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family. (3) For the purposes of sub-paragraph (2)— - “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made; - “ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.

• (5) At the end of Schedule 7[^f00030] (capital to be disregarded) there shall be added the following paragraph—

(49) (1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2). (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent or rates for which housing benefit is payable or any housing costs to the extent that they are met under regulation 83(f) (applicable amounts) or 84(1)(g) (polygamous marriages) or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family. (3) For the purposes of sub-paragraph (2)— - “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made; - “ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.

Signed

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 3rd August 1999.

John O'Neill — Assistant Secretary

The Department of the Environment for Northern Ireland hereby consents to regulations 2(1) and (2)(c) and 4 of the foregoing Regulations.

Sealed with the Official Seal of the Department of the Environment for Northern Ireland on 3rd August 1999.

J. McCormick — Assistant Secretary

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Disability Working Allowance (General) Regulations (Northern Ireland) 1992, the Family Credit (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Income Support (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996.

In particular, these Regulations prescribe how sports awards should be treated for the purpose of ascertaining entitlement to the benefits referred to above—

• regulation 2 defines a sports award for the purposes of those benefits;

• regulations 3 to 6 prescribe that for the purposes of those benefits, a person undertaking an activity covered by a sports award shall not be treated as engaged in remunerative work, that a sports award shall not be treated as earnings of a self-employed earner and that a sports award shall be disregarded as income other than earnings and capital to the extent that it is not made in respect of living expenses.

In so far as these Regulations are required, for the purposes of regulations 2(1) and (2)(c) and 4 to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

Footnotes

[^f00001]: 1992 c. 7; section 133(2)(d) was substituted by paragraph 18(3) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995

[^f00002]: S.I. 1995/2705 (N.I. 15)

[^f00003]: See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8))

[^f00004]: See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

[^f00005]: S.R. 1992 No. 78; relevant amending Regulations are S.R. 1994 No. 327 and S.R. 1998 No. 421

[^f00006]: S.R. 1987 No. 463; relevant amending Regulations are S.R. 1992 No. 148, S.R. 1994 No. 327 and S.R. 1998 No. 421

[^f00007]: S.R. 1987 No. 461; relevant amending Regulations are S.R. 1993 No. 381, S.R. 1994 No. 335 and S.R. 1998 No. 421

[^f00008]: S.R. 1987 No. 459; relevant amending Regulations are S.R. 1998 No. 421

[^f00009]: S.R. 1996 No. 198; relevant amending Regulations are S.R. 1998 No. 421

[^f00010]: 1954 c. 33 (N.I.)

[^f00011]: 1993 c. 39

[^f00012]: Regulation 6(3) was substituted by regulation 4(2)(a) of S.R. 1994 No. 327 and modified to include sub-paragraph (d) by regulation 12(4) of S.R. 1998 No. 421

[^f00013]: Regulation 4 was substituted by regulation 3 of S.R. 1992 No. 148, paragraph (3) was substituted by regulation 3(2)(a) of S.R. 1994 No. 327 and modified to include sub-paragraph (d) by regulation 12(4) of S.R. 1998 No. 421

[^f00016]: Schedule 3 was modified to include paragraphs 60 and 61 by regulation 15(2)(a) of S.R. 1998 No. 421

[^f00017]: Schedule 2 was modified to include paragraphs 62 and 63 by regulation 15(2)(b) of S.R. 1998 No. 421

[^f00018]: Schedule 4 was modified to include paragraphs 53 and 54 by regulation 16(2)(a) of S.R. 1998 No. 421

[^f00019]: Schedule 3 was modified to include paragraphs 54 and 55 by regulation 16(2)(b) of S.R. 1998 No. 421

[^f00024]: Regulation 6 was modified to include paragraph (k) by regulation 12(2) of S.R. 1998 No. 421

[^f00025]: Regulation 37(2) was substituted by regulation 4(6) of S.R. 1992 No. 403, sub-paragraph (b) was substituted by regulation 2(6) of S.R. 1994 No. 327

[^f00026]: Schedule 9 was modified to include paragraphs 65 and 66 by regulation 15(2)(d) of S.R. 1998 No. 421

[^f00027]: Schedule 10 was modified to include paragraphs 52 and 53 by regulation 16(2)(d) of S.R. 1998 No. 421

[^f00028]: Regulation 53 was modified to include paragraph (i) by regulation 12(1) of S.R. 1998 No. 421

[^f00029]: Schedule 6 was modified to include paragraphs 63 and 64 by regulation 15(2)(e) of S.R. 1998 No. 421

[^f00030]: Schedule 7 was modified to include paragraphs 47 and 48 by regulation 16(2)(e) of S.R. 1998 No. 421

Editorial notes

[^key-31d4d15c2408cbfefc5b011f2cfbbf3f]: Reg. 1 in operation at 23.8.1999, see reg. 1(1)

[^key-821099a0ff4f70a19049ed244873ce52]: Reg. 5 in operation at 23.8.1999, see reg. 1(1)

[^key-fae75ffb9baac764f299159131f93c33]: Reg. 6 in operation at 23.8.1999, see reg. 1(1)

[^key-ef65da4f802763ddec4f737a3084c659]: Reg. 2 in operation at 23.8.1999 with effect in accordance with, see reg. 1(2)

[^key-79939b378ee04b1d4ebf175f4c0517f0]: Reg. 3 in operation at 23.8.1999 with effect in accordance with, see reg. 1(2)

[^key-c2a65ae5532c14744a926027a5cd03b3]: Words in reg. 1(3) revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)

[^key-112b985f1b40f04ac6ce7b1ceadad45d]: Reg. 2(2)(c) revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)

[^key-442573c99dbfed09339f54bbc54c9c53]: Reg. 4 revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)