The Social Security (Child Benefit Disregard) Regulations (Northern Ireland) 2008

Made: 11th December 2008

Coming into operation: 5th January 2009

The Social Security Advisory Committee[^f00005] has agreed that the proposals in respect of these Regulations should not be referred to it.

Citation, commencement, effect and interpretation

1

• (1) These Regulations may be cited as the Social Security (Child Benefit Disregard) Regulations (Northern Ireland) 2008 and shall come into operation on 5th January 2009.

• (2) Subject to paragraph (3) regulations 2 to 4 cease to have effect and are revoked on 6th April 2009; and on and after that date the Income Support Regulations, the Jobseeker’s Allowance Regulations and the Housing Benefit Regulations shall have effect as if regulations 2 to 4 had not been made.

• (3) Regulation 4 ceases to have effect and is revoked on 1st April 2009 in relation to a claimant whose eligible rent falls to be calculated in accordance with regulation 78(2)(b) or (c) of the Housing Benefit Regulations (calculation of weekly income); and on and after that date the Housing Benefit Regulations shall have effect in relation to such a claimant as if regulation 4 had not been made.

• (4) In these Regulations—

• “the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006[^f00006];

• “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987[^f00007];

• “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00008].

• (5) The Interpretation Act (Northern Ireland) 1954[^f00009] shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support (General) Regulations

2

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

Amendment of the Jobseeker’s Allowance Regulations

3

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

Amendment of the Housing Benefit Regulations

4

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

Signed

Sealed with the Official Seal of the Department for Social Development on 11th December 2008

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

The Department of Finance and Personnel consents to regulation 4.

Sealed with the Official Seal of the Department of Finance and Personnel on 12th December 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 amend the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 and the Housing Benefit Regulations (Northern Ireland) 2006 so as to disregard in the calculation of income the increase in child benefit which takes effect on 5th January 2009. The Regulations cease to have effect at the beginning of April 2009, by which time it is anticipated that personal allowances will be increased by the annual up-rating order.

In the case of income support and jobseeker’s allowance, the Regulations apply only to claimants who do not receive a child tax credit. (For those who do, child benefit is already fully disregarded.)

In so far as these Regulations are required, for the purposes of regulation 4, 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)

[^f00002]: 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 (S.I. 1999/671)

[^f00003]: See Article 8(b) of S.R. 1999 No. 481

[^f00004]: 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

[^f00005]: See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992

[^f00006]: S.R. 2006 No. 405 to which there are amendments not relevant to these Regulations

[^f00007]: S.R. 1987 No. 459; as amended by S.R. 2003 No. 195

[^f00008]: S.R. 1996 No. 198; as amended by S.R. 2003 No. 195

[^f00009]: 1954 c. 33 (N.I.)

Editorial notes

[^key-6c467993acaa0592732f7873c2675495]: Reg. 1 in operation at 5.1.2009, see reg. 1(1)

[^key-e2fcd026f798154c0e2e30dad3e6ff63]: Reg. 3 revoked (1.4.2009) by The Social Security (Child Benefit Disregard) Regulations (Northern Ireland) 2008 (S.R. 2008/497), reg. 1(2)

[^key-4d882a54aa4d6270aec35b987545bc09]: Reg. 4 revoked (1.4.2009 for specified purposes) by The Social Security (Child Benefit Disregard) Regulations (Northern Ireland) 2008 (S.R. 2008/497), reg. 1(2)(3)

[^key-0d1de4d85f5d4f126e41c66272e58d8b]: Reg. 2 revoked (6.4.2009) by The Social Security (Child Benefit Disregard) Regulations (Northern Ireland) 2008 (S.R. 2008/497), reg. 1(2)