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The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009

Type Ni-Statutory-Rule
Publication 2009-03-10
Last updated 2013-10-29
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
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articles Not indexed
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Made: 10th March 2009

Coming into operation in accordance with regulation 1

In accordance with section 13A(2) of the Social Security Administration (Northern Ireland) Act 1992 the Department has consulted with such organisations representing qualifying lenders likely to be affected by regulation 3 as it considers appropriate.

Citation, commencement and interpretation

1

immediately after Article 19(5) of, and Schedule 6 to, and Article 19(7) of, and Schedule 7 to, the Social Security Benefits Up-rating Order (Northern Ireland) 2009[^f00009] comes into operation.

Amendment of the Income Support (General) Regulations

2

  • “basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007[^f00019] (see section 989 of that Act);

; and

(2A) This paragraph applies to— (a) royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or (b) any payment in respect of any— (i) book registered under the Public Lending Right Scheme 1982[^f00024], or (ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982, where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.

  • “contribution” means—any contribution in respect of the income of a student or any person which the Department, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student’s grant or student loan; orany sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Education (Scotland) Act 1980[^f00030], the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority considers that it is reasonable for the following persons to contribute towards the holder’s expenses—the holder of the allowance or bursary;the holder’s parents;the holder’s parent’s spouse, civil partner or a person ordinarily living with the holder’s parent as if he were the spouse or civil partner of that parent, orthe holder’s spouse or civil partner;

(k) of higher education bursary for care leavers made under Part III of the Children Act 1989[^f00033].

(15A) (1) A person is subject to this regulation if they fulfil the conditions in sub-paragraphs (2) to (5). (2) The first condition is that he is under the age of 21. (3) The second condition is that he is undertaking a course of full-time, non-advanced education. (4) The third condition is that he was accepted to attend, enrolled on, or began the course before attaining the age of 19. (5) The fourth condition is that— (a) he has no parent; (b) of necessity he has to live away from his parents because— (i) he is estranged from them; (ii) he is in physical or moral danger, or (iii) there is a serious risk to his physical or mental health; or (c) he is living away from his parents where they are unable financially to support him and are— (i) chronically sick or mentally or physically disabled; (ii) detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or (iii) prohibited from entering or re-entering Northern Ireland. (6) In this paragraph— - “chronically sick or mentally or physically disabled” has the meaning given in regulation 13(3)(b); - “course of full-time, non-advanced education” means education of a kind referred to in regulation 3(2)(a) or (b) of the Child Benefit (General) Regulations 2006[^f00036]; - “parent” includes a person acting in place of a parent which—for the purposes of sub-paragraph (5)(a) and (b) has the meaning given in regulation 13(3)(a)(i), andfor the purposes of sub-paragraph (5)(c), has the meaning given in regulation 13(3)(a)(ii).

(39A) Any payment made under Part 8A of the Contributions and Benefits Act[^f00038] (entitlement to health in pregnancy grant).

Amendment of the Social Security (Claims and Payments) Regulations

3

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

Amendment of the Jobseeker’s Allowance Regulations

4

  • “basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act);

; and

(2A) This paragraph applies to— (a) royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or (b) any payment in respect of any — (i) book registered under the Public Lending Right Scheme 1982, or (ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982, where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.

  • “contribution” means—any contribution in respect of the income of a student or any person which the Department, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student’s grant or student loan; orany sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority consider that it is reasonable for the following persons to contribute towards the holder’s expenses—the holder of the allowance or bursary;the holder’s parents;the holder’s parent’s spouse, civil partner or a person ordinarily living with the holder’s parent as if he were the spouse or civil partner of that parent, orthe holder’s spouse or civil partner;

(j) of higher education bursary for care leavers made under Part III of the Children Act 1989.

(37A) Any payment made under Part 8A of the Benefits Act (entitlement to health in pregnancy grant).

Amendment of the State Pension Credit Regulations

5

(f) royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;

(g) any payment in respect of any— (i) book registered under the Public Lending Right Scheme 1982, or (ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;

(a) royalties or other sums received as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark;

(b) any payment in respect of any— (i) book registered under the Public Lending Right Scheme 1982; or (ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982, and;

; and

(b) any amount to which paragraph (5) applies where the claimant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work referred to in paragraph (5)(b).

(23B) Any payment made under Part 8A of the Contributions and Benefits Act (entitlement to health in pregnancy grant).

Amendment of the Housing Benefit Regulations

6

  • “basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007[^f00053] (see section 989 of that Act);

(3) This paragraph applies to— (a) royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or (b) any payment in respect of any— (i) book registered under the Public Lending Right Scheme 1982[^f00060], or (ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982, where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.

  • “contribution” means—any contribution in respect of the income of a student or any person which the Department, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student’s grant or student loan; orany sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority considers that it is reasonable for the following persons to contribute towards the holder’s expenses—the holder of the allowance or bursary;the holder’s parents;the holder’s parent’s spouse, civil partner or a person ordinarily living with the holder’s parent as if he were the spouse or civil partner of that parent, orthe holder’s spouse or civil partner;

; and

(i) the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one, or

, and

(i) of higher education bursary for care leavers made under Part III of the Children Act 1989[^f00062].

(2A) In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner or, had the employment been in Northern Ireland would have been so engaged and who has ceased to be so employed, from the date of the cessation of his employment any earnings derived from that employment except earnings to which regulation 34(3) and (4) applies.

; and

(42A) Any payment made under Part 8A of the Act[^f00070] (entitlement to health in pregnancy grant).

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

7

  • “basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act);

; and

(o) royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; (p) any payment in respect of any— (i) book registered under the Public Lending Right Scheme 1982, or (ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982;

(a) royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; (b) any payment in respect of any— (i) book registered under the Public Lending Right Scheme 1982; or (ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982; and

(b) any amount to which paragraph (5) applies where the claimant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work referred to in paragraph (5)(b).

; and

(8A) For the purpose of paragraph (8)(b), and for that purpose only, the amounts specified in paragraph (5) shall be treated as though they were earnings.

or (d) has, or is to be treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act or limited capability for work-related activity within the meaning of section 2(5) of that Act and either— (i) the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended, or (ii) regulation 7 of the Employment and Support Allowance Regulations (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply) applies.

(28B) Any payment made under Part 8A of the Act (entitlement to health in pregnancy grant).

Amendment of the Employment and Support Allowance Regulations

8

(2) Where the claimant’s earnings consist of any items to which paragraph (2A) 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 employment and support allowance 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 7 (earnings to be disregarded) as is appropriate in the claimant’s case.

; and

(2A) This paragraph applies to— (a) royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or (b) any payment in respect of any— (i) book registered under the Public Lending Right Scheme 1982, or (ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982, where the claimant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work concerned.

(iii) in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7, (iiia) in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52,

  • “contribution” means—any contribution in respect of the income of a student or any person which the Department, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student’s grant or student loan; orany sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Education (Scotland) Act 1980[^f00076], the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority considers that it is reasonable for the following persons to contribute towards the holder’s expenses—the holder of the allowance or bursary,the holder’s parents,the holder’s parent’s spouse, civil partner or a person ordinarily living with the holder’s parent as if he were the spouse or civil partner of that parent, orthe holder’s spouse or civil partner;

(j) of higher education bursary for care leavers made under Part III of the Children Act 1989.

(38A) Any payment made under Part 8A of the Contributions and Benefits Act (entitlement to health in pregnancy grant).

Revocations

9

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

SCHEDULE — Revocations

Column (1) Column (2) Column (3)
Citation Reference Extent of revocation
The Income Support (General) (Amendment No. 2) Regulations (Northern Ireland) 1991 S.R. 1991 No. 170 Regulation 3
The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1998 S.R. 1998 No. 81 Regulation 3(1) and (2)
The Social Security (Students Amendments) Regulations (Northern Ireland) 1999 S.R. 1999 No. 317 Regulations 2(2)(a) and 3(2)(a)
The Social Security (Students and Income-Related Benefits Amendment) Regulations (Northern Ireland) 2001 S.R. 2001 No. 278 Regulation 2(1)(c)
The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 S.R. 2003 No. 421 Regulation 2(7)(a)
The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order (Northern Ireland) 2005 S.R. 2005 No. 536 Paragraphs 12(5) and 23(7) of Schedule 3
The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 S.R. 2007 No. 396 Regulations 4(2)(c), (7) (8) and (9)(c), 7(2)(c), (8), (9), (10)(b) and (12), 9(2)(b), (5), (6) and (7)(c) and 10(2)(b), (4) and (5)
The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2007 S.R. 2007 No. 128 The whole Regulations
The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 S.R. 2008 No. 112 Regulations 2(6)(b) and 4(10)(b
The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2008 S.R. 2008 No. 179 Regulation 3(7)
The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 S.R. 2008 No. 428 Regulations 2(6)(a) and 6(4)(a)

Signed

Sealed with the Official Seal of the Department for Social Development on 10th March 2009

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

The Department of Finance and Personnel consents to regulations 6 and 7.

Sealed with the Official Seal of the Department of Finance and Personnel on 11th March 2009

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—

Regulation 2 amends the Income Support Regulations to—

Regulation 3 amends paragraph 6 of Schedule 8B to the Claims and Payments Regulations by increasing from £0∙47 to £0∙55 the fee which qualifying lenders pay for the purpose of defraying administrative expenses incurred by the Department for Social Development in making payments in respect of mortgage interest direct to those lenders.

Regulations 2, 4, 6 and 7 amend the Income Support Regulations, the Jobseeker’s Allowance Regulations, the Housing Benefit Regulations and the Housing Benefit State Pension Credit Regulations so as to remove obsolete references to “starting rate” of taxation, and where appropriate to replace it with reference to “basic rate”.

Regulations 2, 4, 6, and 8 amend the Income Support Regulations, the Jobseeker’s Allowance Regulations, the Housing Benefit Regulations and the Employment and Support Allowance Regulations to:

Regulation 2 and 6 amend the Income Support Regulations and the Housing Benefit Regulations to change the eligibility criteria for these benefits for students in full-time, non-advanced education.

Regulations 2 and 4 to 8 amend the Income Support Regulations, the Jobseeker’s Allowance Regulations, the State Pension Credit Regulations, the Housing Benefit Regulations, the Housing Benefit State Pension Credit Regulations and the Employment and Support Allowance Regulations to—

Regulations 2, 4 and 6 to 8 provide that the health in pregnancy grant is disregarded when assessing the capital of a claimant or a claimant’s partner.

Regulation 4 amends the Jobseeker’s Allowance Regulations to remove a provision that treated someone who worked on an annual contract at an educational establishment, but not during the summer holiday period, as being in paid employment for the whole year.

Regulations 6 and 7 amend the Housing Benefit Regulations and the Housing Benefit State Pension Credit Regulations, clarifying that entitlement to those benefits will include certain people who qualify for income support, an income-based jobseeker’s allowance, an income-related employment and support allowance or a combination of those benefits.

Regulation 6 amends the Housing Benefit Regulations to—

Regulation 7 amends the Housing Benefit State Pension Credit Regulations to ensure that the treatment of a royalties payment is restricted to specified circumstances, so that the treatment is consistent with other income related-benefits legislation. It also corrects an omission to ensure that a housing benefit claimant aged 60 or over who qualifies for main phase employment and support allowance but has a nil award because of insufficient National Insurance contributions, is entitled to the £20 weekly earnings disregard, as is the case for a counterpart actually receiving contribution-based employment and support allowance.

Regulation 8 amends the Employment and Support Allowance Regulations to—

In so far as these Regulations are required, for the purposes of regulations 6 and 7, 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 123(1)(d) was substituted by paragraph 13(4) and 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)), section 129(2) was amended by Article 8 of the Housing Support Services (Northern Ireland) Order (S.I. 2002/3154 (N.I. 8), section 132A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and section 171 was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21) and 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 13A was inserted by paragraph 1 of the Schedule to the Social Security (Mortgage Interest Payments) (Northern Ireland) Order 1992 (S.I. 1992/1309 (N.I. 9)) and amended by paragraph 23 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995, paragraph 9 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, Article 18 of S.I. 2002/1555 and paragraph 109 of Schedule 24 to the Civil Partnership Act 2004 (c. 33), and 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

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

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

[^f00006]: 2007 c. 2 (N.I.)

[^f00007]: 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

[^f00008]: Seesection 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992

[^f00009]: S.R. 2009 No. 89

[^f00010]: The definition of “benefit week” was amended by regulation 2(a) of S.R. 1988 No. 318

[^f00011]: S.R. 1987 No. 459; relevant amending Rules are S.R. 1988 No. 318, S.R. 1991 No. 170 , S.R. 1992 No. 403, S.R. 1994 No. 327, S.R. 1996 Nos. 199 and 405, S.R. 1997 No. 412, S.R. 1998 Nos. 81 and 182, S.R. 1999 No. 317, S.R. 2000 No. 241, S.R. 2001 Nos. 151 and 278, S.R. 2004 No. 300, S.R. 2005 No. 536, S.R. 2006 No. 128, S.R. 2007 Nos. 306 and 396, S.R. 2008 Nos.112, 428 and 498

[^f00012]: 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

[^f00013]: S.R. 1996 No. 198; relevant amending Rules are S.R.1996 Nos. 358 and 503, S.R 1998 Nos. 81 and 182, S.R. 1999 No. 317, S.R. 2001 No. 278, S.R. 2004 No. 300, S.R. 2005 No. 536, S.R. 2006 No. 359, S.R. 2007 Nos. 306 and 396, S.R. 2008 Nos. 112, 286 and 498

[^f00014]: S.R. 2003 No. 28; relevant amending Regulations are S.R. 2003 Nos. 191 and 421, S.R. 2004 No. 110 and S.R. 2008 No. 498

[^f00015]: S.R. 2006 No. 405 relevant amending Regulations are S.R. 2007 No. 396, S.R. 2008 Nos. 112, 179, 378 and 428 and S.R. 2009 No. 89

[^f00016]: S.R. 2006 No. 406; relevant amending Regulations are S.R. 2007 No. 396 and S.R. 2008 No. 498

[^f00017]: S.R. 2008 No. 280; to which there are amendments not relevant to these Regulations

[^f00018]: 1954 c. 33 (N.I.)

[^f00019]: 2007 c. 3

[^f00020]: The definition of “starting rate” was inserted by regulation 4(2)(c) of S.R .2007 No. 396

[^f00021]: Regulation 4ZA was inserted by regulation 4 of S.R. 1996 No. 199

[^f00024]: The Scheme is set out in the appendix to S.I. 1982/719

[^f00027]: Regulation 39D was inserted by regulation 3(3) of S.R. 1998 No. 182 and amended by regulation 14(3)(c) of S.R. 2001 No. 151; paragraph 1(c) was amended by regulation 4(8) of S.R. 2007 No. 396 and paragraph (2) was amended by regulation 3(5)(b) of S.R. 2007 No. 306 and regulation 4(8) of S.R. 2007 No. 396

[^f00028]: Regulation 61 was renumbered as regulation 61(1) by regulation 3(3) of S.R. 2000 No. 241

[^f00029]: The definition of “contribution” was substituted by regulation 5(8)(a) of S.R. 1996 No. 405 and amended by regulation 3(1) and (2)(d) of S.R. 1998 No. 81, regulation 3(2)(a) of S.R. 1999 No. 317, regulation 2(1)(c) of S.R. 2001 No. 278, paragraph 12(5) of Schedule 3 to S.R. 2005 No. 536 and regulation 2(6)(a) of S.R. 2008 No. 428

[^f00030]: 1980 c. 44

[^f00031]: The definition of “grant income” was amended by regulation 5(5) of S.R. 1997 No. 412

[^f00033]: 1989 c.41; Provision relating to higher education bursaries for care leavers was inserted into the Children Act 1989 by the Children and Young Persons Act 2008 (c. 23)

[^f00034]: Schedule 1B was inserted by regulation 22 of and Schedule 1 to S.R. 1996 No. 199

[^f00035]: Paragraph 15 was amended by regulation 2(7)(a) of S.R. 2006 No. 128

[^f00036]: S.I. 2006/223, as amended by regulations 2 and (4)(a) of S.I. 2007/2150.

[^f00037]: Paragraph 39 was substituted by regulation 2(7)(d) of S.R. 2008 No. 498

[^f00038]: Seesection 136A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by section 134 of the Health and Social Care Act 2008 (c. 14)

[^f00040]: The definition of “the benefits Acts” was inserted by regulation 3(2)(a) of S.R. 2008 No. 498

[^f00041]: The definition of “starting rate” was inserted by regulation 7(2)(c) of S.R. 2007 No. 396

[^f00042]: Paragraph 2A was inserted by regulation 4(10)(b) of S.R. 2008 No. 112

[^f00045]: Regulation 102D was inserted by regulation 4(4) of S.R. 1998 No. 182; paragraph (1)(c) and (2) were amended by regulation 4(3) of S.R. 2007 No. 306 and regulation 7(9) of S.R. 2007 No. 396

[^f00046]: The definition of “contribution” was amended by regulation 3(1) and (2)(e) of S.R. 1998 No. 81, regulation 2(2)(a) of S.R. 1999 No. 317, regulation 2(1)(c) of S.R. 2001 No. 278 and paragraph 23(7) of Schedule 3 to S.R. 2005 No. 536

[^f00048]: Paragraph 4 was amended by regulation 7(12) of S.R. 2007 No. 396

[^f00049]: Paragraph 12(1)(b) was amended by regulations 4(16)(a) and 7 of S.R. 2008 No. 112, regulation 19(29)(a) of S.R. 2008 No. 286 and regulation 3(7)(a) of S.R. 2008 No. 498

[^f00050]: Paragraph 37 was substituted by regulation 3(7)(d) of S.R. 2008 No. 498

[^f00052]: Paragraph 23A was added by regulation 23(9)(c) of S.R 2003 No. 191 and renumbered by regulation 3(5) of S.R. 2004 No. 110

[^f00053]: 2007 c. 3

[^f00054]: The definition of “main phase employment and support allowance” was inserted by regulation 3(2)(a)(viii) of S.R. 2008 No. 378

[^f00055]: The definition of “starting rate” was inserted by regulation 9(2)(b) of S.R. 2007 No. 396

[^f00056]: Regulation 33(6)(a) was amended by regulation 9(5) of S.R. 2007 No. 396

[^f00057]: Regulation 36(1) was amended by regulation 9(6) of S.R. 2007 No. 396

[^f00058]: Regulation 39(12(a) was amended by regulation 9(7)(c) of S.R. 2007 No. 396

[^f00060]: The Scheme is set out in the appendix to S.I. 1982/719

[^f00061]: The definition of “contribution” was amended by regulation 6(4)(a) of S.R. 2008 No. 428

[^f00062]: 1989 c. 41; Provision relating to higher education bursaries for care leavers was inserted into the Children Act 1989 by the Children and Young Persons Act 2008 (c. 23)

[^f00069]: Paragraph 42 was substituted by regulation 5(6)(c) of S.R. 2008 No. 498

[^f00070]: See section 136A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by section 134 of the Health and Social Care Act 2008 (c. 14)

[^f00071]: The definition of “starting rate” was inserted by regulation 10(2)(b) of S.R. 2007 No. 396.

[^f00072]: Regulation 34(5)(a) was amended by regulation 10(4) of S.R. 2007 No. 396

[^f00073]: Regulation 38(1) was amended by regulation 10(5) of S.R. 2007 No. 396

[^f00074]: Paragraph 28A was inserted by regulation 6(7)(c) of S.R. 2008 No. 498

[^f00076]: 1980 c. 4

Editorial notes

[^key-5e7a09bddf29dd809dddaa3cf239216f]: Reg. 1 in operation at 6.4.2009, see reg. 1(1)

[^key-e700fa96dc1ee545ef37f74beb173843]: Reg. 5(1) in operation at 6.4.2009, see reg. 1(1)

[^key-1e93d631dbede7060b5c4c76038b948c]: Reg. 6(2)(b)(9)(a)(b) in operation at 6.4.2009 for specified purposes, see reg. 1(4)(a)

[^key-072c4710607ddce6bfc184636e20381b]: Reg. 6(2)(b)(9)(a)(b) in operation at 1.4.2009 in so far as not already in operation, see reg. 1(4)(b)

[^key-d23b8778737651de707a13765ec019b8]: Reg. 7(1)(2)(5) in operation at 6.4.2009, see reg. 1(1)

[^key-c4ffff520c30699e58a92903c5790dc9]: Reg. 7(6) in operation at 6.4.2009 for specified purposes, see reg. 1(4)(a)

[^key-730f36911af6d71fae8c55bf43da65bc]: Reg. 7(6) in operation at 1.4.2009 in so far as not already in operation, see reg. 1(4)(b)

[^key-7abaabbe24a9940f2028948954626377]: Reg. 8(1)(2)(3)(a)(4)-(7) in operation at 6.4.2009, see reg. 1(1)

[^key-76f6028fdc37abfae90d1b6cf70f6e87]: Reg. 9 in operation at 6.4.2009, see reg. 1(1)

[^key-2a1d23f1866335798301b018fe076f51]: Sch. in operation at 6.4.2009, see reg. 1(1)

[^key-443cd2f6e95d2bdc00bf946c04c2273e]: Reg. 1 in operation at 1.4.2009, see reg. 1(2)

[^key-d3b6ac4344af342eecbdbfeeaf5b8f65]: Reg. 4(1)-(4), (6)-(11)(a) in operation at 6.4.2009, see reg. 1(1)

[^key-75ea1643f5aadde9321c94be4e80df67]: Reg. 2(1)-(4), (6)-(11) in operation at 6.4.2009, see reg. 1(1)

[^key-b1f1abdac3d1723ad4d329df1ba46973]: Reg. 5(2)-(4) coming into operation in accordance with reg. 1(3)

[^key-2ba4b2fb598913a864e8e92e531beb0e]: Reg. 6(1)(2)(a)(c)(3), (5)-(8), (9)(c)(10) in operation at 6.4.2009, see reg. 1(1)

[^key-e9d89a5263b8504cbcd81ea7fc55b092]: Reg. 2(5)(12) coming into operation in accordance with reg. 1(3)

[^key-25b296e0dbeb5a0225740bb0b4bc4029]: Reg. 4(5)(11)(b) coming into operation in accordance with reg. 1(3)

[^key-98e61be1dd97a87e4d718db0b11e4303]: Reg. 6(4)(11) coming into operation in accordance with reg. 1(3)

[^key-a58021ba98bd734b3fcfc7e4308a3669]: Reg. 7(3)(4)(7) coming into operation in accordance with reg. 1(3)

[^key-0c4ad7a2832c86aef46a63bc6019608a]: Reg. 8(3)(b)(8) coming into operation in accordance with reg. 1(3)

[^key-31548603a1d68ef3da5df58e0d0a7862]: Reg. 3 revoked (12.4.2010) by The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2010 (S.R. 2010/81), regs. 1(b), 5

[^key-939b1eed6d11fad4fe13facf2240b013]: Reg. 8(4) revoked (11.4.2011) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 (S.R. 2011/135), reg. 1(1), Sch.

[^key-49f2fac113dfe66fa82352e95d3908c6]: Reg. 6(9)(a) revoked (1.5.2011) by The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 (S.R. 2011/136), regs. 1(1), 6

[^key-4377099e52e9f59cc542cc1daec76477]: Reg. 6(6) revoked (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/121), reg. 1(1), Sch.

[^key-f78fbaa0ec4cad463a6524cbdb47f63c]: Reg. 4(6) revoked (29.10.2013) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/246), reg. 1(1), Sch.

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