LegalizeThe Jobseeker’s Allowance Regulations (Northern Ireland) 2016
(61) (1) Earnings derived from work as a share fisherman within the meaning of regulation 67 (interpretation) are to be calculated in accordance with paragraphs (2) to (13). (2) Any such earnings are to be treated as paid in the benefit week in respect of which they are earned. (3) The amount of earnings to be taken into account in respect of any benefit week are to be the claimant's share of the net profit derived from the work as a share fisherman less— (a) an amount in respect of income tax and national insurance contributions under the Benefits Act calculated in accordance with regulation 62 (deduction of tax and contributions for self-employed earners); and (b) half of any premium paid in respect of a personal pension scheme. (4) Subject to paragraph (5), there is to be disregarded from a claimant's share of the weekly net profit— (a) £20; and (b) the amount of any earnings specified in paragraphs 4 and 10 of the Schedule to these Regulations, if applicable. (5) Where a share fisherman has earnings from work other than work as a share fisherman, and an amount is disregarded from those earnings in accordance with paragraph 5, 6 or 7 of the Schedule— (a) if the amount so disregarded is £20, paragraph (4)(a) does not apply; (b) if the amount so disregarded is less than £20, the amount disregarded under paragraph (4)(a) must not exceed the difference between the amount disregarded from those other earnings and £20. (6) For the purposes of paragraph (3), the net profit is to be calculated by taking into account the earnings less, subject to paragraphs (7) to (9), any expenses relevant to that benefit week which were wholly, exclusively and necessarily incurred for the purposes of the employment. (7) Subject to paragraph (8), no deduction is to be made under paragraph (6) in respect of— (a) any capital expenditure; (b) the depreciation of any capital asset; (c) any sum employed or intended to be employed in the setting up or expansion of the employment; (d) the repayment of capital on any loan taken out for the purposes of the employment; (e) any expenses incurred in providing business entertainment. (8) A deduction is to be made under paragraph (6) in respect of the repayment of capital on any loan used for— (a) the replacement in the course of business of equipment or machinery; (b) the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair; and (c) the purchase of land under the Northern Ireland Land Act 1925 . (9) No reduction is to be made under paragraph (6) in respect of any expenses where the Department is not satisfied that the expense has been incurred or, having regard to the nature of the expense and its amount, that it has been reasonably incurred. (10) A deduction under paragraph (6)— (a) must not be made in respect of any sum unless it has been incurred for the purposes of the business; (b) must be made in respect of— (i) the excess of any Value Added Tax paid over Value Added Tax received in the benefit week; (ii) any expense incurred in the repair of an existing asset except to the extent that any sum is payable under an insurance policy for its repair; (iii) any payment of interest on a loan taken out for the purposes of the employment. (11) Notwithstanding paragraphs (1) to (10) the Department may calculate earnings or expenditure over a period other than the benefit week if the Department considers it is reasonable to do so having regard to all the facts of the case and in particular whether the earnings earned or expenditure incurred in respect of a benefit are unusually high or low. (12) Where the claimant is a share fisherman in the Republic of Ireland the amounts to be deducted for income tax and contributions under this regulation shall be such amounts as, in the opinion of the Department, would have been deducted had the claimant been employed in Northern Ireland. (13) In this regulation “benefit week” has the same meaning as in regulation 74 (share fishermen: amount payable).
- (4) In regulation 62 (deduction of tax and contributions for self-employed earners)—
- (a) in paragraphs (1) and (3), for “regulation 61(1)(b)(i)” there is to be substituted “ regulation 61(3)(a) ”;
- (b) paragraphs (2) and (4) are to be omitted.
- (ba) in paragraph (3) for “Subject to paragraph (4), the” substitute “The”;
- (c) in paragraph (5)(a) for “regulation 61(3)(a) or, as the case may be, (4)” there is to be substituted “ regulation 61(6) ”;
- (d) at the end of the regulation there is to be added the following paragraph—
(6) For the purposes of paragraphs (1) and (3) the earnings to which the basic rate , or the Scottish basic rate, of tax is to be applied and the amount of personal reliefs deductible, ... , and the upper limit of profits and gains referred to in paragraph (3)(b), are to be apportioned pro rata according to the period over which the earnings are assessed in accordance with regulation 61.
Amount payable
74
- (1) The amount payable to a share fisherman by way of a jobseeker's allowance is to be calculated in accordance with regulations 49 to 51 (weekly amounts of jobseeker's allowance, deductions in respect of earnings and payments by way of pensions) and this regulation, and Part 8 (part weeks) does not apply.
- (2) Regulations 49 to 51 apply in respect of share fishermen so that the amount payable is calculated by reference to earnings earned and pension payments received in the benefit week.
- (3) In this regulation “benefit week” means—
- (a) in respect of the week in which the claim is made, the period of 7 days beginning with the date of claim; and
- (b) in respect of any subsequent week, the period of 7 days beginning with the day after the last day of the previous benefit week.
PART 10 — MODIFICATION OF THE ORDER
Modification of contribution conditions for volunteer development workers
75
Article 4 of the Order (the contribution-based conditions) applies with the modifications that after “Class 1 contributions” in each place where they occur there is to be inserted “ or Class 2 contributions under Case G of Part 9 of the Social Security (Contributions) Regulations 2001 ”.
SCHEDULE — Sums to be disregarded in the calculation of earnings
1
- (1) In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Northern Ireland, would have been so engaged—
- (a) any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from the employment which was terminated before the first day of entitlement to a jobseeker's allowance;
- (b) any earnings, other than a payment of the nature described in sub-paragraph (2)(a) or (b)(ii), paid or due to be paid from the employment which has not been terminated where the claimant is not—
- (i) engaged in remunerative work; or
- (ii) suspended from their employment.
- (2) This sub-paragraph applies to—
- (a) any payment of the nature described in—
- (i) regulation 58(1)(d); or
- (ii) Article 60, 96 or 100 of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments, suspension from work on medical or maternity grounds); and
- (b) any award, sum or payment of the nature described in—
- (i) regulation 58(1)(f) or (h); or
- (ii) Article 66 or 102 of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments and suspension from work: complaints to industrial tribunals),
including any payment made following the settlement of a complaint to an industrial tribunal or of court proceedings.
2
- (1) In the case of a claimant to whom this paragraph applies, any earnings (other than items to which paragraph 1(2) applies) which relate to employment which ceased before the first day of entitlement to a jobseeker's allowance whether or not that employment has been terminated.
- (2) This paragraph—
- (a) applies to a claimant who has been engaged in part-time employment as an employed earner or, had the employment been in Northern Ireland, would have been so engaged;
- (b) does not apply to a claimant who has been suspended from their employment.
3
Any payment to which regulation 58(1)(f) applies—
- (a) which is due to be paid more than 52 weeks after the date of termination of the employment in respect of which the payment is made; or
- (b) which is a compensatory award within the meaning of Article 152(1)(b) of the Employment Rights (Northern Ireland) Order 1996 for so long as such an award remains unpaid and the employer is insolvent within the meaning of Article 228 of that Order .
4
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 engaged, from the date of the cessation of their employment any earnings derived from that employment except earnings to which regulation 55(2) (royalties etc) applies.
5
In a case to which neither of paragraphs 6 and 7 applies to the claimant, £5.
6
£20 of the total earnings derived from one or more employments as—
- (a) a part-time fire and rescue officer employed by the Northern Ireland Fire and Rescue Service Board under the Fire and Rescue Services (Northern Ireland) Order 2006 ;
- (b) an auxiliary coastguard in respect of coast rescue activities;
- (c) a person engaged part-time in the manning or launching of a lifeboat;
- (d) a member of any reserve force prescribed in Part I of Schedule 6 to the Social Security (Contributions) Regulations 2001;
- (e) a member of the Police Service of Northern Ireland Reserve provided for under section 1 of the Police (Northern Ireland) Act 2000 .
7
Where the claimant is engaged in one or more employments specified in paragraph 6 but their earnings derived from such employments are less than £20 in any week and they are also engaged in any other part-time employment, so much of their earnings from that other employment up to £5 as would not in aggregate with the amount of their earnings disregarded under paragraph 6 exceed £20.
8
Notwithstanding paragraphs 1 to 7 of this Schedule, where 2 or more payments of the same kind and from the same source are to be taken into account in the same benefit week, because it has not been practicable to treat the payments under regulation 56(b) (date on which earnings are treated as paid) as paid on the first day of the benefit week in which they were due to be paid, there is to be disregarded from each payment the sum that would have been disregarded if the payment had been taken into account on the date on which it was due to be paid.
9
Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.
10
Where a payment of earnings is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.
11
Any earnings which are due to be paid before the date of claim and which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.
12
- (1) Where by reason of earnings to which sub-paragraph (2) applies (in aggregate with the claimant's other earnings (if any) calculated in accordance with this Part) the claimant would (apart from this paragraph) have a personal rate of less than 10 pence, the amount of such earnings but only to the extent that that amount exceeds the claimant's personal rate less 10 pence.
- (2) This sub-paragraph applies to earnings, in so far as they exceed the amount disregarded under paragraph 6, derived by the claimant from employment as a member of any reserve force prescribed in Part 1 of Schedule 6 to the Social Security (Contributions) Regulations 2001 in respect of a period of annual continuous training for a maximum of 15 days in any calendar year or in respect of training in the claimant's first year of training as a member of a reserve force for a maximum of 43 days in that year.
- (3) In sub-paragraph (1), “personal rate” means the rate for the claimant calculated as specified in Article 6(1) of the Order.
13
In this Schedule “part-time employment” means employment in which the person is not to be treated as engaged in remunerative work under regulation 42 or 43 (persons treated as engaged, or not engaged, in remunerative work).
Signed
Signed by authority of the Secretary of State for Work and Pensions
Priti Patel — Minister of State, — 2016-05-03
Explanatory note
(This note is not part of the Regulations)
Footnotes
1992 c. 7; section 167D was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and section 171(5) was amended by paragraph 36 of Schedule 1 and Schedule 2 to Social Security (Incapacity for Work) (Northern Ireland) Order 1994. For the definition of “prescribed”, see section 167G
1992 c. 8; section 5(1)(k) was amended by Article 103(5) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)), section 5(1A) was inserted by Article 104(3) of the Welfare Reform (Northern Ireland) Order 2015 and section 165(6) was amended by paragraph 86 of Schedule 6 and Schedule 7 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))
S.I. 1995/2705 (N.I. 15); Article 4(1) was amended by paragraph 4 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11), Article 4(2A) and (3B) was inserted by section 11(3) and (5) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)), Article 6(1) was amended by paragraph 2(3) of the Schedule to the Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (SR 2006 No 37) and Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015, Article 7(3) was amended by Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015, Articles 8A to 8K were inserted by Article 55(4) of the 2015 Order and 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), for the definitions of “prescribed” and “Regulations” see Article 2(2)
Functions under or for the purposes of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, the Social Security Administration (Northern Ireland) Act 1992 and the Jobseeker’s Allowance (Northern Ireland) Order 1995 vested in the Department for Social Development by virtue of Article 8(b) of S.R. 1999 No. 481
Article 16 was amended by paragraph 39 of Schedule 1 to the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))
The definition of “pensionable age” was substituted by paragraph 9(a) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))
Articles 107A and 107B were inserted by Article 3 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)) and amended by paragraphs 32 and 33 of Schedule 1 to the Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I.16))
Section 64 was amended by Article 63(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and paragraph 4 of Schedule 9 to the Welfare Reform (Northern Ireland) Order 2015
S.I. 1983/686; Articles 14 and 15 were amended by S.I. 2001/420 and Article 16 was amended by S.I. 1984/1675 and S.I. 2001/420
2003 c. 1; section 639(2) was inserted by the Finance Act 2005 (c. 7)
2007 c. 3; see section 989 of that Act
Articles 112A and 112B were inserted by Article 4 of the Employment (Northern Ireland) Order 2002 and amended by paragraphs 34 and 35 of Schedule 1 to the Work and Families (Northern Ireland) Order 2006
Articles 107E and 107G were inserted by section 2 of the Work and Families Act (Northern Ireland) 2015 (c. 1 (N.I.))
1993 c. 39; section 23(2) was amended by S.I. 1996/3095, S.I. 1999/1563 and S.I. 2006/654
1950 c.29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))
Section 138 was substituted by section 2(2) of the Child Benefit Act 2005 (c. 6)
Articles 8B to 8I were inserted by Article 55(4) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/ 2006 (N.I. 1))
Articles 8J and 8K were inserted by Article 55(4) of the Welfare Reform (Northern Ireland) Order 2015
Article 3(2)(b) was amended by Article 50(3) of the Welfare Reform (Northern Ireland) Order 2015
2002 c. 17; Section 25(3) was amended by paragraph 17 of Schedule 10 to the Health and Social Care Act 2008 (c. 14) and paragraph 10 of Schedule 4 to the Pharmacy Order 2010 (S.I. 2010/231)
The Northern Ireland Social Care Council was established under section 1 of the Health and Personal Social Services Act (Northern Ireland) 2001 c. 3 (N.I.)
2007 C. 2 (N.I.); section 11J was inserted by Article 63(2) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I.1))
2001 c. 17 (N.I.); section 5B was inserted by section 19(1) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)) and section 6 was amended by paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), section 45(1) and paragraph 14(2) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and paragraph 1 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010
S.I. 2015/621; relevant amending Regulation is S.I. 2015/1724
2006 c. 52; section 374 was amended by paragraph 37 of Schedule 22 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
S.I.1996/1919 (N.I. 16)
2001 c. 9 (N.I.); the definition of “electronic communication” was amended by paragraph 170 of Schedule 17 to the Communications Act 2003 (c. 21)
Article 4(2)(b) was amended by section 11(2) of the Welfare Reform Act (Northern Ireland) 2010 (c.13 (N.I.))
S.R. 1975 No. 113; regulation 9E was added by regulation 2(3) of S.R. 2010 No. 109
Article 3(2) was amended by paragraph 6(3) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and Article 50(3) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))
1992 c. 8 (N.I.); section 1(2) was amended by paragraph 15 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))
Section 1(1A) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11))
Article 4 was amended by paragraph 102 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), paragraph 4 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999, paragraph 46 of Schedule 1 to the National Insurance Contributions Act 2002 (c. 19), section 11(1) to (5) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)) and paragraph 29 of Schedule 2 and Schedule 12 to Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))
2001 c. 17 (N.I.); section 5B was inserted by section 19(1) of the Welfare Reform Act (Northern Ireland) 2010. Section 6 was amended by paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), section 45(1) and paragraph 14(2) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and paragraph 1 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010. Section 7 was amended by section 1(5) of and paragraph 2 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010. Section 8 was amended by paragraph 34 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 14(4) and (5) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 and paragraph 3 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010
Section 25A was inserted by paragraph 5 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and repealed by Article 40(2) of Schedule 3 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))
Section 70 was amended by regulation 2(3) of S.R. 1994 No. 370, Articles 2(2)(a)(iii) and 3 of S.R. 2002 No. 321, regulation 2(3) of S. R. 2011 No. 356 and Article 2(2) of S.I. 2013/3233
Part XIIA was inserted by Article 7 and amended by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), paragraph 57 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), and Article 58 of and paragraphs 22 and 23 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))
Section 35 was amended by Article 4(a) of the Still-Birth (Definition) (Northern Ireland) Order 1992 (S.I. 1992/1310 (NI 10)), regulation 2 of S.R. 1994 No. 176, Article 63 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), Articles 50(1) and (2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (NI 11)), paragraph 2 of Schedule 1 to the Social Security Act (Northern Ireland) 2002 (c. 10 (N.I.)), paragraph 5 of Schedule 1 to the Work and Families (Northern Ireland) Order 2006 (SI 2006/1947 (NI 16)) and regulation 2(3) of S.R. 2014 No. 102 and section 35B was inserted by regulation 2(5) of S.R. 2014 No. 102
Section 30C was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and amended by paragraph 37 of Schedule 3 to the Tax Credits Act 2002 (c. 21)
S.I. 1972/1265 (N.I. 14); Article 5 was amended by Schedule 6 to the Health and Social Security (Northern Ireland) Order 1984 (S.I. 1984/1158 (N.I. 8)), Schedule 5 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 N.I. 4)) and paragraph 3 of Schedule 1 to the Primary Medical Services (Northern Ireland) Order 2004 (S.I. 2004/311 (N.I. 2))
Article 14A was inserted by paragraph 2 of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20))
S.1. 1991/194 (N.I. 1); paragraph 13 of Schedule 3 was amended by Schedule 1 to the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2)) and sections 32 and 34(3) of and paragraph 1(1)(d) and 1(3) of Schedule 6 to the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.))
Section 71 was amended by Article 64(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))
See section 1 of the Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))
Section 167F was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))
S.I. 1998/1760 (N.I. 14); Article 3 was amended by section 147(3) of the Learning and Skills Act 2000 (c. 21), the Income Tax (Earnings and Pensions) Act 2003 (c. 1), the Finance Act 2003 (c. 14) and Articles 12(2) and (3) and 15 of and the Schedule to the Higher Education (Northern Ireland) Order 2005 (S.I. 2005/1116 (N.I. 5))
1998 c. 30; section 22 was amended by section 146(2) of the Learning and Skills Act 2000
1980 c. 44. Section 73 was amended by section 73 of the Self-Governing Schools etc (Scotland) Act 1989 (c. 39), section 29 of the Teaching and Higher Education Act 1998 (c. 30) and section 3 of the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6)
Article 3(2)(f) was substituted by sections 28(1) and paragraph 6(3) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))
Article 6(1) was amended by Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))
Article 6(1)(b) was amended by paragraph 2(3) of S.R. 2006 No. 37 and paragraph 5 of Schedule 5 and Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))
S.I. 1996/1919 (N.I. 16); Article 216 was amended by regulation 8 of S.R. 1999 No. 432 and paragraph 16 of Schedule 2 to S.R. 2011 No. 350
Article 23(1) was amended by paragraph 4(4) of Schedule 2 to the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)), paragraph 2(2) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15)) and Article 3 of and the Schedule to S.R. 2011 No. 30
The Scheme was initially set out in the Appendix to S.I. 1982/719 and is now set out in Appendix 2 to S.I. 1990/2360
Articles 146(4) and 151(3)(a) were amended by paragraph 2 of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15)) and Article 163 was amended by regulation 32(6) of S.R.1998 No. 386, Article 13 of the Public Interest Disclosure (Northern Ireland) Order 1998 (S.I. 1998/1763 (N.I. 17)), Article 8 of the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) and paragraph 15 of Schedule 2 to the Employment Relations (Northern Ireland) Order 2004 (S.I. 2004/3078 (N.I. 19))
Article 96 was amended by paragraph 2 of Schedule 10 to S.R. 2000 No. 375
Article 154(1) was amended by regulation 32(6) of S.R. 1998 No. 386 and the Schedule to S.R. 2011 No. 30, Article 156(3) was amended by regulation 32(6) of S.R. 1998 No. 386, Article 164 was amended by regulation 32(6) of S.R. 1998 No. 386 and Article 8 of the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) and Article 217 was amended by regulation 10 of S.R. 1999 No. 432
The Scheme is set out in regulation 4 of, and the Schedule to, the European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No.2) Regulations 1996 (S.I. 1996/3182)
S.I. 1972/1265 (N.I. 14); Article 36 was substituted by Article 25 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) and amended by paragraph 2(3) to (5) of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20))
2007 c.3; section 35 was amended by section 4 of the Finance Act 2009 (c. 10) and sections 3 and 4 of the Finance Act 2012 (c.14). Section 38 was amended by S.I. 2011/2926. Section 40 was amended by paragraph 55 of Schedule 9 to the Finance Act 2008 (c. 9)
Section 11 was substituted by paragraph 12 of Schedule 1 to the National Insurance Contributions Act 2015 (c. 5)
Section 15 was amended by section 13 of the Limited Liability Partnerships Act 2000 (c. 12), section 3(2) of and Schedule 2 to the National Insurance Contributions Act 2002 (c. 19), paragraph 424 of Schedule 1 to the Income Tax (Trading and Other Income) Act 2005 (c. 5), Article 4 of S.I. 2011/938 and Article 4 of S.I. 2012/807
Section 8 was substituted by section 1(2) of the National Insurance Contributions Act 2002 (c. 19)
Regulation 125(c) was amended by regulation 2 of S.I. 2012/867
Section 11(4) was amended by paragraph 13 of schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Order 1999 (S.I. 1999/671) and Article 2 of the Social Security (Contributions) (Re-rating) Order 2012 (S.I. 2012/807)
Article 152 was amended by Article 32 of, and paragraph 12 of Part III of Schedule 4 to, the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)), Article 5 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 2005 (S.I. 2005/3424 (N.I. 20)) and paragraph 2(7) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15))
Article 228 was amended by regulation 9 of, and paragraph 14 of Schedule 4 to S.R. 2004 No. 307, Articles 3(3) and 31 of, and paragraph 54(3) of Schedule 2 and Schedule 9 to the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)) and section 6 of, and paragraph 5 of the Schedule to the Debt Relief Act (Northern Ireland) 2010 (c. 16 (N.I.))
Editorial notes
1992 c. 7; section 167D was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and section 171(5) was amended by paragraph 36 of Schedule 1 and Schedule 2 to Social Security (Incapacity for Work) (Northern Ireland) Order 1994. For the definition of “prescribed”, see section 167G
1992 c. 8; section 5(1)(k) was amended by Article 103(5) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)), section 5(1A) was inserted by Article 104(3) of the Welfare Reform (Northern Ireland) Order 2015 and section 165(6) was amended by paragraph 86 of Schedule 6 and Schedule 7 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))
S.I. 1995/2705 (N.I. 15); Article 4(1) was amended by paragraph 4 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11), Article 4(2A) and (3B) was inserted by section 11(3) and (5) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)), Article 6(1) was amended by paragraph 2(3) of the Schedule to the Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (SR 2006 No 37) and Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015, Article 7(3) was amended by Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015, Articles 8A to 8K were inserted by Article 55(4) of the 2015 Order and 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), for the definitions of “prescribed” and “Regulations” see Article 2(2)
Functions under or for the purposes of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, the Social Security Administration (Northern Ireland) Act 1992 and the Jobseeker's Allowance (Northern Ireland) Order 1995 vested in the Department for Social Development by virtue of Article 8(b) of S.R. 1999 No. 481
S.R. 2016 No. 216
Article 16 was amended by paragraph 39 of Schedule 1 to the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))
The definition of “pensionable age” was substituted by paragraph 9(a) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))
Articles 107A and 107B were inserted by Article 3 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)) and amended by paragraphs 32 and 33 of Schedule 1 to the Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I.16))
Section 64 was amended by Article 63(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and paragraph 4 of Schedule 9 to the Welfare Reform (Northern Ireland) Order 2015
S.I. 1983/686; Articles 14 and 15 were amended by S.I. 2001/420 and Article 16 was amended by S.I. 1984/1675 and S.I. 2001/420
2003 c. 1; section 639(2) was inserted by the Finance Act 2005 (c. 7)
2007 c. 3; see section 989 of that Act
S.R. 2016 No. 220
S.R. 1987 No. 465
Articles 112A and 112B were inserted by Article 4 of the Employment (Northern Ireland) Order 2002 and amended by paragraphs 34 and 35 of Schedule 1 to the Work and Families (Northern Ireland) Order 2006
Articles 107E and 107G were inserted by section 2 of the Work and Families Act (Northern Ireland) 2015 (c. 1 (N.I.))
1993 c. 39; section 23(2) was amended by S.I. 1996/3095, S.I. 1999/1563 and S.I. 2006/654
1950 c.29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))
Section 138 was substituted by section 2(2) of the Child Benefit Act 2005 (c. 6)
Articles 8B to 8I were inserted by Article 55(4) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/ 2006 (N.I. 1))
Articles 8J and 8K were inserted by Article 55(4) of the Welfare Reform (Northern Ireland) Order 2015
Article 3(2)(b) was amended by Article 50(3) of the Welfare Reform (Northern Ireland) Order 2015
2002 c. 17; Section 25(3) was amended by paragraph 17 of Schedule 10 to the Health and Social Care Act 2008 (c. 14) and paragraph 10 of Schedule 4 to the Pharmacy Order 2010 (S.I. 2010/231)
The Northern Ireland Social Care Council was established under section 1 of the Health and Personal Social Services Act (Northern Ireland) 2001 c. 3 (N.I.)
S.R. 1976 No. 175
2007 C. 2 (N.I.); section 11J was inserted by Article 63(2) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I.1))
2001 c. 17 (N.I.); section 5B was inserted by section 19(1) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)) and section 6 was amended by paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), section 45(1) and paragraph 14(2) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and paragraph 1 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010
S.I. 2015/621; relevant amending Regulation is S.I. 2015/1724
2006 c. 52; section 374 was amended by paragraph 37 of Schedule 22 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
2001 c. 9 (N.I.); the definition of “electronic communication” was amended by paragraph 170 of Schedule 17 to the Communications Act 2003 (c. 21)
Article 4(2)(b) was amended by section 11(2) of the Welfare Reform Act (Northern Ireland) 2010 (c.13 (N.I.))
S.R. 1975 No. 113; regulation 9E was added by regulation 2(3) of S.R. 2010 No. 109
Article 3(2) was amended by paragraph 6(3) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and Article 50(3) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))
1992 c. 8 (N.I.); section 1(2) was amended by paragraph 15 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))
Section 1(1A) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11))
Article 4 was amended by paragraph 102 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), paragraph 4 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999, paragraph 46 of Schedule 1 to the National Insurance Contributions Act 2002 (c. 19), section 11(1) to (5) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)) and paragraph 29 of Schedule 2 and Schedule 12 to Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))
2001 c. 17 (N.I.); section 5B was inserted by section 19(1) of the Welfare Reform Act (Northern Ireland) 2010. Section 6 was amended by paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), section 45(1) and paragraph 14(2) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and paragraph 1 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010. Section 7 was amended by section 1(5) of and paragraph 2 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010. Section 8 was amended by paragraph 34 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 14(4) and (5) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 and paragraph 3 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010
Section 25A was inserted by paragraph 5 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and repealed by Article 40(2) of Schedule 3 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))
Section 70 was amended by regulation 2(3) of S.R. 1994 No. 370, Articles 2(2)(a)(iii) and 3 of S.R. 2002 No. 321, regulation 2(3) of S. R. 2011 No. 356 and Article 2(2) of S.I. 2013/3233
Part XIIA was inserted by Article 7 and amended by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), paragraph 57 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), and Article 58 of and paragraphs 22 and 23 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))
Section 35 was amended by Article 4(a) of the Still-Birth (Definition) (Northern Ireland) Order 1992 (S.I. 1992/1310 (NI 10)), regulation 2 of S.R. 1994 No. 176, Article 63 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), Articles 50(1) and (2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (NI 11)), paragraph 2 of Schedule 1 to the Social Security Act (Northern Ireland) 2002 (c. 10 (N.I.)), paragraph 5 of Schedule 1 to the Work and Families (Northern Ireland) Order 2006 (SI 2006/1947 (NI 16)) and regulation 2(3) of S.R. 2014 No. 102 and section 35B was inserted by regulation 2(5) of S.R. 2014 No. 102
Section 30C was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and amended by paragraph 37 of Schedule 3 to the Tax Credits Act 2002 (c. 21)
S.I. 1972/1265 (N.I. 14); Article 5 was amended by Schedule 6 to the Health and Social Security (Northern Ireland) Order 1984 (S.I. 1984/1158 (N.I. 8)), Schedule 5 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 N.I. 4)) and paragraph 3 of Schedule 1 to the Primary Medical Services (Northern Ireland) Order 2004 (S.I. 2004/311 (N.I. 2))
Article 14A was inserted by paragraph 2 of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20))
S.1. 1991/194 (N.I. 1); paragraph 13 of Schedule 3 was amended by Schedule 1 to the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2)) and sections 32 and 34(3) of and paragraph 1(1)(d) and 1(3) of Schedule 6 to the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.))
Section 71 was amended by Article 64(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))
See section 1 of the Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))
Section 167F was inserted by Article 8(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))
S.I. 1998/1760 (N.I. 14); Article 3 was amended by section 147(3) of the Learning and Skills Act 2000 (c. 21), the Income Tax (Earnings and Pensions) Act 2003 (c. 1), the Finance Act 2003 (c. 14) and Articles 12(2) and (3) and 15 of and the Schedule to the Higher Education (Northern Ireland) Order 2005 (S.I. 2005/1116 (N.I. 5))
1998 c. 30; section 22 was amended by section 146(2) of the Learning and Skills Act 2000
1980 c. 44. Section 73 was amended by section 73 of the Self-Governing Schools etc (Scotland) Act 1989 (c. 39), section 29 of the Teaching and Higher Education Act 1998 (c. 30) and section 3 of the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6)
Article 3(2)(f) was substituted by sections 28(1) and paragraph 6(3) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))
S.R. 1976 No. 175
Article 6(1) was amended by Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))
Article 6(1)(b) was amended by paragraph 2(3) of S.R. 2006 No. 37 and paragraph 5 of Schedule 5 and Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1))
S.I. 1996/1919 (N.I. 16); Article 216 was amended by regulation 8 of S.R. 1999 No. 432 and paragraph 16 of Schedule 2 to S.R. 2011 No. 350
Article 23(1) was amended by paragraph 4(4) of Schedule 2 to the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)), paragraph 2(2) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15)) and Article 3 of and the Schedule to S.R. 2011 No. 30
The Scheme was initially set out in the Appendix to S.I. 1982/719 and is now set out in Appendix 2 to S.I. 1990/2360
Articles 146(4) and 151(3)(a) were amended by paragraph 2 of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15)) and Article 163 was amended by regulation 32(6) of S.R.1998 No. 386, Article 13 of the Public Interest Disclosure (Northern Ireland) Order 1998 (S.I. 1998/1763 (N.I. 17)), Article 8 of the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) and paragraph 15 of Schedule 2 to the Employment Relations (Northern Ireland) Order 2004 (S.I. 2004/3078 (N.I. 19))
Article 96 was amended by paragraph 2 of Schedule 10 to S.R. 2000 No. 375
Article 154(1) was amended by regulation 32(6) of S.R. 1998 No. 386 and the Schedule to S.R. 2011 No. 30, Article 156(3) was amended by regulation 32(6) of S.R. 1998 No. 386, Article 164 was amended by regulation 32(6) of S.R. 1998 No. 386 and Article 8 of the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) and Article 217 was amended by regulation 10 of S.R. 1999 No. 432
The Scheme is set out in regulation 4 of, and the Schedule to, the European Communities (Iron and Steel Employees Re-adaptation Benefits Scheme) (No.2) Regulations 1996 (S.I. 1996/3182)
S.I. 1972/1265 (N.I. 14); Article 36 was substituted by Article 25 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) and amended by paragraph 2(3) to (5) of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20))
Section 15 was amended by section 13 of the Limited Liability Partnerships Act 2000 (c. 12), section 3(2) of and Schedule 2 to the National Insurance Contributions Act 2002 (c. 19), paragraph 424 of Schedule 1 to the Income Tax (Trading and Other Income) Act 2005 (c. 5), Article 4 of S.I. 2011/938 and Article 4 of S.I. 2012/807
Section 8 was substituted by section 1(2) of the National Insurance Contributions Act 2002 (c. 19)
S.R. 1975 No. 108
Regulation 125(c) was amended by regulation 2 of S.I. 2012/867
Section 11(4) was amended by paragraph 13 of schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Order 1999 (S.I. 1999/671) and Article 2 of the Social Security (Contributions) (Re-rating) Order 2012 (S.I. 2012/807)
Article 152 was amended by Article 32 of, and paragraph 12 of Part III of Schedule 4 to, the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)), Article 5 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 2005 (S.I. 2005/3424 (N.I. 20)) and paragraph 2(7) of Schedule 5 to the Employment (Northern Ireland) Order 2003 (S.I. 2003/2902 (N.I. 15))
Article 228 was amended by regulation 9 of, and paragraph 14 of Schedule 4 to S.R. 2004 No. 307, Articles 3(3) and 31 of, and paragraph 54(3) of Schedule 2 and Schedule 9 to the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)) and section 6 of, and paragraph 5 of the Schedule to the Debt Relief Act (Northern Ireland) 2010 (c. 16 (N.I.))
Reg. 21 substituted (coming into operation in accordance with reg. 1(7) of the amending Regulations) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(7), 10(7)
Words in reg. 2(2) inserted (coming into operation in accordance with reg. 1(7) of the amending Regulations) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(7), 10(2)
Words in reg. 15(5) substituted (coming into operation in accordance with reg. 1(7) of the amending Regulations) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(7), 10(3)
Words in reg. 18 inserted (coming into operation in accordance with reg. 1(7) of the amending Regulations) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(7), 10(4)
Reg. 20(1) substituted (coming into operation in accordance with reg. 1(7) of the amending Regulations) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(7), 10(6)(a)
Reg. 20(4) inserted (coming into operation in accordance with reg. 1(7) of the amending Regulations) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(7), 10(6)(b)
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