The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008

Type Ni-Statutory-Rule
Publication 2008-03-12
Last updated 2010-01-25
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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Made: 12th March 2008

Coming into operation in accordance with regulation 1

The Social Security Advisory Committee has agreed that proposals in respect of regulation 6 should not be referred to it[^f00007].

Citation, commencement and interpretation

1

Amendment of the Income Support (General) Regulations

2

(2A) For the purposes of paragraph (2)— (a) the eligible person shall be treated as satisfying the condition prescribed in regulation 8 of the Child Benefit (General) Regulations 2006[^f00018] (child benefit not payable in respect of qualifying young person: other financial support); (b) where sub-paragraphs (c) to (e) apply, the eligible person shall be treated as satisfying the condition prescribed in regulation 5(2)(e) and (f) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds).

(a) where the payment is monthly, a period equal to the number of weeks from the date on which the payment is treated as paid to the date immediately before the date on which the next monthly payment would have been so treated as paid whether or not the next monthly payment is actually paid; (aa) where the payment is in respect of a period which is not monthly, a period equal to the length of the period for which payment is made;

; and

(28) (1) Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children or powers to grant financial assistance to persons looked after or in, or formerly in, its care). (2) Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order to a person (“A”) which A passes on to the claimant. (3) Sub-paragraphs (1) and (2) are subject to the following provisions. (4) Neither of those sub-paragraphs applies where the claimant is a person— (a) to whom section 125 of the Contributions and Benefits Act (trade disputes) applies; or (b) in respect of whom section 122(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 126 of that Act (effect of return to work). (5) Sub-paragraph (2) applies only where A— (a) was formerly in the claimant’s care, and (b) is aged 18 or over, and (c) continues to live with the claimant.

(b) an income-related benefit or an income-based jobseeker’s allowance, child tax credit or working tax credit under Part 1 of the Tax Credits Act 2002[^f00040].

(17) (1) Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children and powers to grant financial assistance to persons looked after or in, or formerly in, its care). (2) Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order to a person (“A”) which A passes on to the claimant. (3) Sub-paragraphs (1) and (2) are subject to the following provisions. (4) Neither of those sub-paragraphs applies where the claimant is a person— (a) to whom section 125 of the Contributions and Benefits Act (trade disputes) applies; or (b) in respect of whom section 122(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 126 of that Act (effect of return to work). (5) Sub-paragraph (2) applies only where A— (a) was formerly in the claimant’s care, and (b) is aged 18 or over, and (c) continues to live with the claimant.

Amendment of the Social Security (Claims and Payments) Regulations

3

In paragraph 5 of Schedule 8A of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00044] (deductions from benefits and direct payments to third parties)—

(1A) This sub-paragraph applies where the rent includes charges for services included under paragraph 4A(1)(d) and the arrears for these services exceed £100.00.

; and

Amendment of the Jobseeker’s Allowance Regulations

4

(a) where the payment is monthly, a period equal to the number of weeks from the date on which the payment is treated as paid immediately before the date on which the next monthly payment would have been so treated as paid whether or not the next monthly payment is actually paid; (aa) where the payment is in respect of a period which is not monthly, a period equal to the length of the period for which payment is made;

(e) where— (i) both members are aged not less than 18, or (ii) one member is aged not less than 18 and the other member is a person who is— (aa) under 18, and (bb) treated as being responsible for a child;

(29) (1) Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children or powers to grant financial assistance to persons looked after or in, or formerly in, its care). (2) Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order to a person (“A”) which A passes on to the claimant. (3) Sub-paragraphs (1) and (2) are subject to the following provisions. (4) Neither of those sub-paragraphs applies where the claimant is a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes). (5) Sub-paragraph (2) applies only where A— (a) was formerly in the claimant’s care, and (b) is aged 18 or over, and (c) continues to live with the claimant.

; and

(22) (1) Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children and powers to grant financial assistance to persons looked after or in, or formerly in, its care). (2) Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order to a member of the claimant’s household (“A”) which A passes on to the claimant. (3) Sub-paragraphs (1) and (2) are subject to the following provisions. (4) Neither of those paragraphs applies where the claimant is a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes). (5) Sub-paragraph (2) only applies where A— (a) was formerly in the claimant’s care, and (b) is aged 18 or over, and (c) continues to live with the claimant.

Amendment of the State Pension Credit Regulations

5

In paragraph 5(5)(a) of Schedule 2 to the State Pension Credit Regulations (Northern Ireland) 2003[^f00068] (housing costs) omit “or in the Preparation for Employment Programme for 50 plus”.

Amendment of the Housing Benefit Regulations

6

(3) This paragraph applies to— (a) royalties; (b) sums paid periodically for or in respect of any copyright; (c) payments in respect of any book registered under the Public Lending Right Scheme 1982. (4) Where the claimant’s earnings consist of any items to which paragraph (3) applies, those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the earnings by the amount of housing benefit which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from the payment under Schedule 5 (sums to be disregarded in the calculation of earnings) as appropriate in the claimant’s case.

(29A) (1) Subject to sub-paragraph (2), any payment (or part of a payment) made by an authority as defined in Article 2 of the Children Order, in accordance with Article 34D of that Order to a person (“A”) which A passes on to the claimant. (2) Sub-paragraph (1) applies only where A— (a) was formerly in the claimant’s care, and (b) is aged 18 or over, and (c) continues to live with the claimant.

(b) an income-related benefit under Part VII of the Act;

(20A) (1) Subject to sub-paragraph (2), any payment (or part of a payment) made by an authority as defined in Article 2 of the Children Order, in accordance with Article 34D of that Order, to a person (“A”) which A passes on to the claimant. (2) Sub-paragraph (1) applies only where A— (a) was formerly in the claimant’s care, and (b) is aged 18 or over, and (c) continues to live with the claimant.

; and

Revocations

7

The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).

SCHEDULE — Revocations

Column (1) Citation Column (2) Reference Column (3) Extent of revocation
The Income Support (General) (Amendment) Regulations (Northern Ireland) 1988 S.R. 1988 No. 146 Regulation 37(d)
The Family Credit and Income Support (General) (Amendment) Regulations (Northern Ireland) 1989 S.R. 1989 No. 249 Regulation 12
The Income Support (General) (Amendment No. 3) Regulations (Northern Ireland) 1989 S.R. 1989 No. 365 Regulations 3, 11(a)(iii), and 15
The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations (Northern Ireland) 1996 S.R. 1996 No. 199 Regulation 26
The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1998 S.R. 1998 No. 2 Regulations 2(8)(d) and (9) and 8(7)(d) and (8)
The Social Security (1998 Order) (Commencement No. 8 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999 S.R. 1999 No. 371 (C. 28) Article 9(4)(c)
The Social Security (New Deal Amendment) Regulations (Northern Ireland) 2001 S.R. 2001 No. 151 Regulations 2(a), 5(b), 6(a), 7, 9(a) and (b)(i), (ii)(aa) and (iii), 12(a) and (b)(i), (ii)(aa), (iii) and (iv), 13(2)(a), (3), (4), (5), (8) and (9)
The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003 S.R. 2003 No. 195 Paragraphs 24(a) of Schedule 1 and Schedule 2
The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments No. 3) Regulations (Northern Ireland) 2003 S.R. 2003 No. 338 Regulations 2(4) and 4(3)
The Children (Leaving Care) (2002 Act) (Commencement No. 2 and Consequential Provisions) Order (Northern Ireland) 2005 S.R. 2005 No. 319 (C. 23) Paragraphs 3 of Schedule 1 and Schedule 3
The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 S.R. 2007 No. 396 Regulations 4(5) and 4(6)(b)(ii)

Signed

Sealed with the Official Seal of the Department for Social Development on 12th March 2008

John O’Neill — A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulation 6.

Sealed with the Official Seal of the Department of Finance and Personnel on 12th March 2008

Adrian Arbuthnot — A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make amendments to:

Regulations 2 and 4 to 6 amend the Income Support Regulations, the Jobseeker’s Allowance Regulations, the State Pension Credit Regulations and the Housing Benefit Regulations to remove references to an obsolete scheme known as the Preparation for Employment Programme for 50 plus.

Regulations 2, 4 and 6 amend the Income Support Regulations, the Jobseeker’s Allowance Regulations and the Housing Benefit Regulations so as to:

Regulations 2 and 4 amend the Income Support Regulations and the Jobseeker’s Allowance Regulations so as to clarify:

Regulation 2 amends the Income Support Regulations so as to:

Regulation 3 amends the Claims and Payments Regulations to ensure that direct payments for arrears of service charges for claimants living in a hostel can be made when the amount of arrears exceeds £100.

Regulation 4 amends the Jobseeker’s Allowance Regulations so as to:

Regulation 7 makes consequential revocations.

In so far as these Regulations are required, for the purposes of regulation 6, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, 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 Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.

Footnotes

[^f00001]: 1992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21) and section 171(2) was amended by paragraph 28(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

[^f00002]: 1992 c. 8; section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 and section 165(3) was amended by paragraph 10 of Schedule 4 to the Tax Credits Act 2002

[^f00003]: S.I. 1995/2705 (N.I. 15); Article 36(2) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999

[^f00004]: SeeArticle 8(b) of S.R. 1999 No. 481

[^f00005]: 2002 c. 14 (N.I.)

[^f00006]: 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)); see also Article 6(b) of S.R. 1999 No. 481

[^f00007]: See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

[^f00008]: S.R. 2008 No. 92

[^f00009]: The definition of “benefit week” was amended by regulation 2(a) of S.R. 1988 No. 318

[^f00010]: S.R. 1987 No. 459; relevant amending Rules are S.R. 1988 Nos. 146, 318 and 431, S.R. 1989 Nos. 249, 365 and 395, S.R. 1990 Nos. 131 and 387, S.R. 1991 No. 338, S.R. 1993 No. 120, S.R. 1996 Nos. 199 and 449, S.R. 1997 Nos. 22 and 541, S.R. 1998 Nos. 2, 81 182 and 326, S.R. 1999 Nos. 371 (C. 28) and 390, S.R. 2000 No. 109, S.R. 2001 No. 151, S.R. 2002 Nos. 203, 275 and 363, S.R. 2003 Nos. 195 and 338, S.R. 2005 No.319 (C. 23), S.R. 2006 No. 128, S.R. 2007 No. 396 and S.R. 2008 No. 92

[^f00011]: The definition of “benefit week” was amended by regulation 2(2) of S.R. 1996 No. 358, regulation 2(2)(a) of S.R. 1996 No. 503 and regulation 13(2) of S.R. 2006 No. 359

[^f00012]: S.R 1996 No. 198; relevant amending Rules are S.R. 1996 Nos. 358 and 503, S.R. 1997 Nos. 22 and 541, S.R. 1998 Nos. 2 and 326, S.R. 1999 No. 107, S.R. 2000 Nos. 109 and 350, S.R.2001 Nos. 78 and 151, S.R. 2002 No. 388, S.R. 2003 Nos. 195 and 338, S.R. 2004 No. 143, S.R. 2005 No. 319 (C. 23), S.R. 2006 No. 359, S.R. 2007 No. 396 and S.R. 2008 No. 92

[^f00013]: S.R. 2006 No. 405; relevant amending Regulation is S.R. 2007 No. 396

[^f00014]: 1954 c. 33 (N.I.)

[^f00015]: The definition of “Preparation for Employment Programme for 50 plus” was inserted by regulation 2(a) of S.R. 2001 No. 151

[^f00018]: S.I. 2006/223.

[^f00019]: The amendment relevant to paragraph (2)(a) is regulation 5(1)(a) of S.R. 1997 No. 22

[^f00030]: Schedule 1B was inserted by regulation 22 of and Schedule 1 to S.R. 1996 No. 199; paragraphs 26 and 27 were amended by Article 9(4)(c) of S.R. 1999 No. 371 (C. 28)

[^f00031]: Paragraph 7(1)(b) was amended by regulation 6(e) of S.R. 1989 No. 395 and regulation 3(5)(a) of S.R. 1990 No. 387

[^f00032]: SeeArticle 4(b) of S.R. 1999 No. 481 and section 1 of the Department for Employment and Learning Act (Northern Ireland) 2001 (c. 15 (N.I.))

[^f00035]: Paragraph 4A was inserted by regulation 36(a) of S.R. 1988 No. 146 and amended by regulation 2(6)(b) of S.R. 2002 No. 363

[^f00036]: Paragraph 28 was amended by regulation 36(c) of S.R. 1988 No. 146, regulation 12 of S.R. 1989 No. 249, regulation 2(8)(d) of S.R. 1998 No. 2 and Article 3(2) of and paragraph 3(b)(i) of Schedule 1 to S.R. 2005 No. 319 (C. 23)

[^f00037]: Paragraphs 41 and 42 were added by regulation 20(b) of S.R. 1988 No. 431

[^f00038]: Paragraph 46 was added by regulation 20(e) of S.R. 1990 No. 131 and amended by regulation 4(7)(c) of S.R. 1993 No. 120 and regulation 4(12)(c) of S.R. 2007 No. 396

[^f00040]: 2002 c. 21

[^f00041]: Paragraph 17 was amended by regulation 37(d) of S.R. 1988 No. 146, regulation 12 of S.R. 1989 No. 249, regulation 2(9) of S.R. 1998 No. 2 and paragraph 3(b)(ii) of Schedule 1 to S.R. 2005 No. 319 (C. 23)

[^f00042]: Paragraphs 32 and 33 were added by regulation 21(b) of S.R. 1988 No. 431

[^f00043]: Paragraph 36 was added by regulation 21(a) of S.R. 1990 No. 131 and amended by regulation 4(8)(b) of S.R 1993 No. 120 and regulation 4(13)(a) of S.R. 2007 No. 396

[^f00044]: S.R. 1987 No. 465; Schedule 8A was inserted by regulation 2(3) of S.R. 1988 No. 67, relevant amending Rules are S.R. 1988 Nos. 67 and 141, S.R. 1999 No. 472 (C. 36), S.R. 2006 No. 407 and S.R. 2007 No. 206

[^f00046]: The definition of “Preparation for Employment for 50 plus” was inserted by regulation 2(a) of S.R. 2001 No. 151

[^f00047]: Sub- paragraph (ja) was inserted by regulation 2(2) of S.R. 1999 No. 107

[^f00049]: Sub- paragraph (ja) was inserted by regulation 2(3) of S.R. 1999 No. 107

[^f00058]: The amounts in Column (2) of paragraph 1(3)(e) and (f) were substituted by Article 22(3) of and Schedule 10 to S.R. 2008 No. 92

[^f00062]: Paragraph 29 was amended by regulation 8(7)(d) of S.R. 1998 No. 2 and paragraph 3(a) and (b)(i) of Schedule 3 to S.R. 2005 No. 319 (C. 23)

[^f00063]: Paragraph 45 was amended by regulation 7(14)(c) of S.R. 2007 No. 396

[^f00065]: Paragraph 22 was amended by regulation 8(8) of S.R. 1998 No. 2 and paragraph 3(a) and (b)(ii) of Schedule 3 to S.R. 2005 No. 319 (C. 23)

[^f00066]: Paragraph 35 was amended by regulation 7(15)(a) of S.R. 2007 No. 396

[^f00067]: Paragraph 40 was amended by regulation 4(4)(b) of S.R. 2004 No. 143

[^f00068]: S.R. 2003 No. 28.

[^f00069]: Paragraph 43 was amended by regulation 9(12)(c) of S.R. 2007 No. 396

Editorial notes

[^key-36360ae372f9d578905348037ae7a95a]: Reg. 2(1)-(5)(7)-(15)(16)(a)(c)(d)(17)(a)(b)(d)(e) in operation at 14.4.2008, see reg. 1(1)

[^key-a9a2aa0de007ac3813a79a4e313ddc7d]: Reg. 4(10)(15)(a)(16)(b) in operation at 7.4.2008 coming into force in accordance with reg. 1(2), see reg. 1(2)

[^key-36026fccfffb6bf06e4766f30fc3c400]: Reg. 4(13)(a)(b) in operation at 7.4.2008 coming into force in accordance with reg. 1(3), see reg. 1(3)

[^key-2639fa65f52b64f5ac73ba436db9506d]: Reg. 6(3)(6)(a)(7)(b) in operation at 7.4.2008 coming into force in accordance with reg. 1(2), see reg. 1(2)

[^key-c21eef1d08565e4b159eb29bf6740a83]: Reg. 1 in operation at 7.4.2008 coming into force in accordance with reg. 1(2)

[^key-57afb172bf19c0c25d33320c37021c23]: Reg. 2(1)-(5), (7)-(15), (16)(a)(c)(d)(17)(a)(b)(d)(e) in operation at 14.4.2008, see reg. 1(1)

[^key-928c83d3eec656b20e03f4af5fba62c9]: Reg. 4(1)-(9), (11)(12)(13)(c)(15)(b)(16)(a)(c)(d) in operation at 14.4.2008, see reg. 1(1)

[^key-66dd120276307731724f446872545765]: Reg. 6(1)(2)(4)(5)(6)(b)(c)(7)(a)(c) in operation at 14.4.2008, see reg. 1(1)

[^key-48f48020e2d585729906774860b56100]: Reg. 3 in operation at 14.4.2008, see reg. 1(1)

[^key-b18792bc750cbd787780f35bf9264263]: Reg. 5 in operation at 14.4.2008, see reg. 1(1)

[^key-2a7ed62045509b5b78cba57b3517c165]: Reg. 7 in operation at 14.4.2008, see reg. 1(1)

[^key-42141f53fb0bda182164a37d378f130e]: Reg. 2(6)(b) revoked (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/92), reg. 1(1), Sch.

[^key-3c241e0f2fdeb6044c0b6bd5053b164b]: Reg. 4(10)(b) revoked (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/92), reg. 1(1), Sch.

[^key-5f52d113366c780326aeffe625b1014e]: Reg. 2(12) revoked (25.1.2010) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/6), reg. 1(2), Sch. Pt. 1 (with reg. 2(2)-(4))

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