The Social Security and Child Support (Tax Credits Consequential Amendments) Regulations (Northern Ireland) 1999

Made: 15th September 1999

Coming into operation: 5th October 1999

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by the provisions set out in Schedule 1 and of all other powers enabling it in that behalf, by this statutory rule, which contains only regulations consequential upon the Tax Credits Act 1999[^f00001] and which is made before the end of a period of six months from the commencement of those provisions, with the consent of the Department of the Environment for Northern Ireland[^f00002] in so far as regulations 2 and 3 are concerned, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Social Security and Child Support (Tax Credits Consequential Amendments) Regulations (Northern Ireland) 1999 and shall come into operation on 5th October 1999.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00003] shall apply to these Regulations as it applies to a Measure of the Assembly.

Amendments consequential on the renaming of family credit as working families' tax credit and of disability working allowance as disabled person’s tax credit

2

• (1) Subject to paragraph (3), in the provisions mentioned in Part I of Schedule 2, for the words “family credit” wherever they occur, except where they appear in a reference to the title of the Family Credit (General) Regulations (Northern Ireland) 1987[^f00004], there shall be substituted “working families' tax credit”.

• (2) Subject to paragraph (3), in the provisions mentioned in Part II of Schedule 2, for the words “disability working allowance” wherever they occur, except where they appear in a reference to the title of the Disability Working Allowance (General) Regulations (Northern Ireland) 1992[^f00005], there shall be substituted “disabled person’s tax credit”.

• (3) In the provisions mentioned in Part III of Schedule 2—

• (a) for the definition of “disability working allowance” there shall be substituted the following definition—

• “disabled person’s tax credit” means a disabled person’s tax credit under section 128 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00006];

• (b) the following definition shall be inserted in the appropriate place—

• “working families' tax credit” means a working families' tax credit under section 127[^f00007] of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

Amendment of the Housing Benefit (General) Regulations

3

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

Amendment of Schedule 8 to the Social Security (Claims and Payments) Regulations

4

In paragraph 2(b) of Schedule 8 to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00011] (election to have child benefit paid weekly) for “family credit or disability working allowance” there shall be substituted “or payment in accordance with an award of family credit or disability working allowance which was awarded with effect from a date falling before 5th October 1999”.

Amendment of regulation 2 of the Social Fund (Recovery by Deductions from Benefits) Regulations

5

In regulation 2 of the Social Fund (Recovery by Deductions from Benefits) Regulations (Northern Ireland) 1988[^f00012] (benefits from which an award may be recovered)—

• (a) for paragraph (b) there shall be substituted the following paragraph—

(b) family credit awarded with effect from a date falling before 5th October 1999;

• (b) for paragraph (ba)[^f00013] there shall be substituted the following paragraph—

(ba) disability working allowance awarded with effect from a date falling before 5th October 1999;

Amendment of regulation 1 of the Child Support (Maintenance Assessment Procedure) Regulations

6

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

Revocation and Saving of the Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) Regulations

7

The Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) Regulations (Northern Ireland) 1995[^f00016] are revoked except that they shall continue to have effect in the case of an award of family credit or disability working allowance awarded with effect from a date falling before 5th October 1999.

SCHEDULE 1 — Provisions conferring powers exercised in making these Regulations

SCHEDULE 2

Part I — Provisions in which the words “family credit” are substituted by “working families' tax credit”

SCHEDULE 2

Part II — Provisions in which the words “disability working allowance” are substituted by “disabled person’s tax credit”

SCHEDULE 2

Part III — Provisions in which the definitions of “working families' tax credit” and “disabled person’s tax credit” are substituted or inserted

Signed

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

John O'Neill — Assistant Secretary — 15th September 1999.

The Department of the Environment for Northern Ireland hereby consents to regulations 2 and 3 of the foregoing Regulations.

Sealed with the Official Seal of the Department of the Environment for Northern Ireland on

R. E. Aiken — Assistant Secretary — 15th September 1999.

Explanatory note

(This note is not part of the Regulations.)

These Regulations are made in consequence of provisions in the Tax Credits Act 1999 (“the Act”) which transfer functions relating to family credit and disability working allowance from the Department of Health and Social Services for Northern Ireland to the Treasury and the Inland Revenue on 5th October 1999. The Act also makes provision for the renaming of family credit and disability working allowance as working families' tax credit and disabled person’s tax credit respectively from 5th October 1999.

Regulation 1 provides for citation, commencement and interpretation.

Regulations 2 to 6 make amendments consequential on the renaming of family credit as working families' tax credit and of disability working allowance as disabled person’s tax credit and provide for transitional arrangements consequential on the transfer.

Regulation 7 provides for the revocation of the Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) Regulations (Northern Ireland) 1995 with a saving for awards of family credit and disability working allowance made before the transfer.

Since these Regulations are made before the end of a period of 6 months from the commencement of the relevant provisions in the Act, they are accordingly exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992, from reference to the Social Security Advisory Committee.

Footnotes

[^f00001]: 1999 c. 10

[^f00002]: 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))

[^f00003]: 1954 c. 33 (N.I.)

[^f00004]: S.R. 1987 No. 463

[^f00005]: S.R. 1992 No. 78

[^f00006]: 1992 c. 7; section 128 was amended by section 1(2) of, and paragraph 4(h) of Schedule 1 to, the Tax Credits Act 1999

[^f00007]: Section 127 was amended by section 1(2) of, and paragraph 4(g) of Schedule 1 to the Tax Credits Act 1999

[^f00011]: S.R. 1987 No. 465; paragraph 2(b) was amended by regulation 28 of S.R. 1992 No. 7 and regulation 2(25) of S.R 1996 No. 354

[^f00012]: S.R. 1988 No. 21; relevant amending Regulations are S.R. 1992 No. 6

[^f00016]: S.R. 1995 No. 476

[^f00017]: S.I. 1991/2628 (N.I. 23); Article 28E(5) and Schedule 4B were inserted by Article 3(1) and (3) of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/2702 (N.I. 13); Articles 40 and 47 were amended by paragraphs 25 and 31(a) of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and Article 48 was amended by paragraph 13 of Schedule 3 to the Child Support (Northern Ireland) Order 1995

[^f00018]: 1992 c. 8

[^f00019]: Section 22(5) was amended by paragraph 5 of Schedule 2 to the Jobseekers Order (Northern Ireland) 1995 (S.I. 1995/2705 (N.I. 15))

[^f00020]: Section 45A was inserted by Article 124(1) of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))

[^f00021]: S.I. 1995/2705 (N.I. 15)

[^f00022]: S.I. 1995/2702 (N.I. 13)

[^f00023]: S.R. 1975 No. 113; relevant amending Regulations are S.R. 1991 No. 528, S.R. 1995 No. 479 and S.R. 1996 No. 430

[^f00024]: Regulation 7C was inserted by regulation 2 of S.R. 1995 No. 479 and amended by regulation 2(4) of S.R. 1996 No. 430

[^f00025]: S.R. 1987 No. 150; relevant amending Regulations are S.R. 1988 No. 22, S.R. 1992 No. 6, S.R. 1996 No. 423 and S.R. 1997 No. 155

[^f00026]: Regulation 4(1)(a) was amended by regulation 3(1)(a) of S.R. 1988 No. 22, regulation 9(2) of S.R. 1992 No. 6 and regulation 3 of S.R. 1996 No. 423

[^f00027]: Regulation 5(b) was amended by regulation 4(b) of S.R. 1988 No. 22 and regulation 9(3) of S.R. 1992 No. 6

[^f00028]: Regulation 6 was substituted by regulation 2(5) of S.R. 1997 No. 155

[^f00029]: S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 No. 146, S.R. 1992 Nos. 6 and 147, S.R. 1994 No. 327 and S.R. 1995 No. 67

[^f00030]: Regulation 42(2)(e) was inserted by regulation 5(c) of S.R. 1992 No. 147

[^f00032]: Paragraph 61 was substituted by regulation 4 of S.R. 1996 No. 93

[^f00035]: Paragraph 2(1A) was inserted by regulation 3(7)(b)(ii) of S.R. 1996 No. 590 and amended by Article 9(9)(b)(i) of S.R. 1999 No. 246 (C. 20)

[^f00038]: S.R. 1995 No. 478

[^f00039]: S.R. 1996 No. 198; to which there are amendments not relevant to these Regulations

[^f00041]: S.R. 1996 No. 519; to which there are amendments not relevant to these Regulations

[^f00042]: S.R. 1996 No. 622; to which there are amendments not relevant to these Regulations

[^f00043]: Regulation 7B was inserted by regulation 3 of S.R. 1991 No. 528 and amended by regulation 2(4) of S.R. 1996 No. 430

[^f00044]: Regulation 9 was substituted by regulation 2(7) of S.R. 1996 No. 430

[^f00045]: Regulation 42(2)(f) was inserted by regulation 5(c) of S.R. 1992 No. 147

[^f00046]: Paragraph 12(1)(a)(i) was amended by regulation 30(c)(i) of S.R. 1988 No. 146, regulation 10(4)(b)(i) of S.R. 1992 No. 6, regulation 2(9)(a)(i) of S.R. 1994 No. 327 and regulation 2(12)(a)(i) of S.R. 1995 No. 67

[^f00051]: Definition of “disability working allowance” was inserted by regulation 2 of S.R. 1991 No. 528

[^f00052]: Definition of “disability working allowance” was inserted by regulation 10(2) of S.R. 1992 No. 6

Editorial notes

[^key-d3986c2c67c7c5b1d807991e6333b856]: Reg. 1 in operation at 5.10.1999, see reg. 1(1)

[^key-6d730a6d496a4811f84aea3ac8144aab]: Reg. 2 in operation at 5.10.1999, see reg. 1(1)

[^key-45a225a3ee3e536931716b68c1487ef9]: Reg. 4 in operation at 5.10.1999, see reg. 1(1)

[^key-b63a9e3492e2bc7a13ab4242655d6ecf]: Reg. 5 in operation at 5.10.1999, see reg. 1(1)

[^key-ec3efd2e96f3b432d93f02365e3d8caa]: Reg. 7 in operation at 5.10.1999, see reg. 1(1)

[^key-9a3985ddc6fd3048922529d5cf46dc29]: Sch. 1 in operation at 5.10.1999, see reg. 1(1)

[^key-945c60b12f7bd58b28092d15544af36a]: Sch. 2 Pt. I in operation at 5.10.1999, see reg. 1(1)

[^key-25c8b422c38065913f632a6d7dfc7a5e]: Sch. 2 Pt. II in operation at 5.10.1999, see reg. 1(1)

[^key-f19aeb7d3630f915145df17900a3045e]: Sch. 2 Pt. III in operation at 5.10.1999, see reg. 1(1)

[^key-8de05ed8723314ca55fe26ead175e004]: Words in Sch. 2 revoked (6.4.2003) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/84), regs. 1(d), 12(a)

[^key-5e4b21da54780104bfc9730e9b0a0568]: Reg. 4 modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pt. 2 (with regs. 1(2), 44)

[^key-b6d0e1f3bea04fa51c568fd64c22a660]: Words in Sch. 2 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-6631b07a655cb8820209e1b0165a21af]: Reg. 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-a1fee5a1e524b7c3dbf1def7133f96b6]: Reg. 6 revoked (10.12.2012 for specified purposes) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.