Made | 23rd February 2001 | ||
Coming into operation | 9th April 2001 |
Amendment of regulation 5 of the Income Support Regulations
3.
In regulation 5 of the Income Support Regulations (persons treated as engaged in remunerative work) paragraphs (8) to (10)[8] shall be omitted.
Amendment of regulation 6 of the Income Support Regulations
4.
In regulation 6 of the Income Support Regulations (persons not treated as engaged in remunerative work) after paragraph (4)[9] there shall be added the following paragraphs -
(b) he or his partner had, for a continuous period of 26 weeks ending on the day before the day on which he commenced the work referred to in sub-paragraph (a), been entitled to and in receipt of income support or an income-based jobseeker's allowance;
(c) he or his partner had, as at the day before the day on which he commenced the work referred to in sub-paragraph (a), an applicable amount which included -
(d) he or his partner remain liable to make payments on such a loan.
(6) A person referred to in paragraph (5) shall not be treated as engaged in remunerative work for -
(7) In calculating the period of benefit entitlement referred to in paragraph (2)(b) or (5)(b), no account shall be taken of entitlement arising by virtue of paragraph (3) or (6).
(8) In paragraph (5), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker's allowance or to an amount being applicable to either of them under the Jobseeker's Allowance Regulations (Northern Ireland) 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker's allowance and to an amount being applicable to that couple under those Regulations.".
Amendment of Schedule 1B to the Income Support Regulations
5.
In Schedule 1B to the Income Support Regulations[10] (prescribed categories of person) after paragraph 9[11] (persons in employment living in residential care homes, nursing homes or residential accommodation) there shall be inserted the following paragraph -
Amendment of Schedule 3 to the Income Support Regulations
6.
In Schedule 3 to the Income Support Regulations[13] (housing costs) -
(b) in sub-paragraph (10)[15] after "(1)(a)(ii)," there shall be inserted "(1)(c)(iv),";
(c) after sub-paragraph (10) there shall be added the following sub-paragraphs -
(12) This sub-paragraph applies, subject to sub-paragraph (13), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to income support because he or his partner -
and, as a consequence, he or his partner was engaged in remunerative work or had income in excess of the applicable amount as prescribed in Part IV (applicable amounts).
(13) Sub-paragraph (12) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to income support, his housing costs were being met in accordance with paragraph 6(1)(a) or 8(1)(a) or would have been so met but for any non-dependant deduction under paragraph 18.".
Amendment of Schedule 7 to the Income Support Regulations
7.
In Schedule 7 to the Income Support Regulations (applicable amounts in special cases) after paragraph 17[16] (claimants entitled to the disability premium for a past period) -
which was applicable to the claimant or his partner immediately before he or his partner commenced the remunerative work referred to in regulation 6(5)(a), or
(b) the amount of income support or, as the case may be, income-based jobseeker's allowance which the claimant or his partner was entitled to in the benefit week immediately before the benefit week in which he or his partner commenced the remunerative work referred to in regulation 6(5)(a) or, where he or his partner was in receipt of a training allowance in that benefit week, the amount of income support or income-based jobseeker's allowance which he would have been entitled to in that week had he not been in receipt of a training allowance.
(2) Nothing in sub-paragraph (1) shall prevent any adjustment being made to the amount referred to in (a) or, as the case may be, (b) of that sub-paragraph during the period referred to in regulation 6(6)[17] (persons not treated as in remunerative work), in order to reflect changes during that period to the amounts prescribed in Schedule 2 (applicable amounts) or Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes) or in this Schedule or to reflect changes in circumstances during that period relating to the matters specified in sub-paragraph (3).
(3) The changes in circumstances referred to in sub-paragraph (2) are changes to the amount of housing costs to be met in accordance with Schedule 3 in the claimant's case occasioned by -
(4) In sub-paragraph (1), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker's allowance or to an amount being applicable to either of them under the Jobseeker's Allowance Regulations (Northern Ireland) 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker's allowance and to an amount being applicable to that couple under those Regulations.".
Amendment of Schedule 8 to the Income Support Regulations
8.
In Schedule 8 to the Income Support Regulations (sums to be disregarded in the calculation of earnings) after paragraph 15B[18] there shall be inserted the following paragraph -
Amendment of Schedule 9 to the Income Support Regulations
9.
In Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 69[19] there shall be added the following paragraph -
Amendment of Schedule 10 to the Income Support Regulations
10.
In Schedule 10 to the Income Support Regulations (capital to be disregarded) after paragraph 57[20] there shall be added the following paragraph -
Amendment of the Social Security (Claims and Payments) Regulations
11.
- (1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[21] shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 3(h)[22] (claims not required for entitlement to benefit in certain cases) -
(3) In Schedule 8B[23] (deductions of mortgage interest from benefit and payment to qualifying lenders) in paragraph 3 -
Amendment of the Jobseeker's Allowance Regulations
12.
In the Jobseeker's Allowance Regulations (Northern Ireland) 1996[25] -
(ii) in sub-paragraph (12)[28] after "(1)(a)(ii)," there shall be inserted "(1)(c)(iv),";
(iii) after sub-paragraph (12) there shall be added the following sub-paragraphs -
(14) This sub-paragraph applies, subject to sub-paragraph (15), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to a jobseeker's allowance because he or his partner or, where that person is a member of a joint-claim couple, the other member of that couple -
and, as a consequence, he or his partner was engaged in remunerative work or failed to satisfy the conditions specified either in Article 4(1)(c) or in Article 5(1)(a) of the Order or the joint-claim couple of which he was a member failed to satisfy the condition in Article 5A(1)(a)[29] of the Order.
(15) Sub-paragraph (14) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to an income-based jobseeker's allowance or the joint-claim couple of which he was a member ceased to be entitled to a joint-claim jobseeker's allowance, his housing costs were being met in accordance with paragraph 6(1)(a) or 7(1)(a) or would have been so met but for any non-dependant deduction under paragraph 17.".
Amendment of the Social Security (Back to Work Bonus) (No. 2) Regulations
13.
In the Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 1996[30] -
Sealed with the Official Seal of the Department for Social Development on
23rd February 2001.
L.S.
John O'Neill
Senior Officer of the Department for Social Development
These Regulations also omit provisions whereby, in income support and jobseeker's allowance, a lone parent who was previously treated as not engaged in remunerative work, was so treated for a specified period if he ceases to be so engaged in such work within five weeks of commencing it (regulations 3 and 12(a)).
In addition, regulations 6 and 12(b) extend to 52 weeks, certain maximum periods which link, for the purpose of the applicability of housing costs, separate periods of benefit entitlement where a claimant has ceased to be entitled to income support or jobseeker's allowance because he or his partner has commenced work or certain training for work. Regulation 2 inserts a new definition for these purposes into the Income Support (General) Regulations (Northern Ireland) 1987.
These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.
These Regulations do not impose any charge on business.
[2] 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))back
[3] S.I. 1995/2705 (N.I. 15)back
[4] See Article 8(b) of, and Part II of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481)back
[5] S.R. 1987 No. 459; relevant amending Regulations are S.R. 1995 Nos. 86 and 301, S.R. 1996 Nos. 199 and 405, S.R. 1998 No. 324, S.R. 1999 No. 381 and S.R. 2000 No. 74 and S.R. 2001 Nos. 4 and 25back
[7] S.R. 1996 No. 198; regulation 75(1)(a) was amended by regulation 2(4) of S.R. 2000 No. 197back
[8] Paragraphs (8) to (10) were added by regulation 2(2) of S.R. 1999 No. 381back
[9] Paragraph (4) was added by regulation 2(b)(iii) of S.R. 2000 No. 74back
[10] Schedule 1B was inserted by regulation 22 of and Schedule 1 to S.R. 1996 No. 199back
[11] Paragraph 9 was amended by regulation 2(d)(ii) of S.R. 2000 No. 74back
[12] Regulation 6(5) is inserted by regulation 4 of these Regulationsback
[13] Schedule 3 was substituted by regulation 2 of and Schedule 1 to S.R. 1995 No. 301back
[14] Head (a)(ii) was amended by regulation 5(10)(b) of S.R. 1996 No. 405back
[15] Sub-paragraph (10) was added by regulation 8(4)(b) of S.R. 1998 No. 324back
[16] Paragraph 17 was amended by regulation 2(11) of S.R. 1995 No. 86 and regulation 6 of S.R. 2000 No. 74back
[17] Regulation 6(6) is inserted by regulation 4 of these Regulationsback
[18] Paragraph 15B was inserted by regulation 2(9) of S.R. 1999 No. 381back
[19] Paragraph 69 was added by regulation 2(1)(b) of S.R. 2001 No. 25back
[20] Paragraph 57 was added by regulation 2(a) of S.R. 2001 No. 4back
[21] S.R. 1987 No. 465; relevant amending Regulations are S.R. 1992 No. 271, S.R. 1995 No. 301, S.R. 1996 No. 354 and S.R. 1999 Nos. 381 and 472back
[22] Paragraph (h) was added by regulation 5 of S.R. 1999 No. 381back
[23] Schedule 8B was inserted by regulation 5 of S.R. 1992 No. 271back
[24] Sub-paragraph (1) was amended by paragraph 3(3)(a) of Schedule 2 to S.R. 1995 No. 301, regulation 2(27)(c) of S.R. 1996 No. 354 and Article 9(14) of S.R. 1999 No. 472back
[25] S.R. 1996 No. 198; relevant amending Regulations are S.R. 1996 No. 358, S.R. 1998 No. 324 and S.R. 1999 No. 381back
[26] Paragraphs (4) to (6) were inserted by regulation 3 of S.R. 1999 No. 381back
[27] Head (ii) was amended by regulation 29(5) of S.R. 1996 No. 358back
[28] Sub-paragraph (12) was added by regulation 11(4) of S.R. 1998 No. 324back
[29] Article 5A was inserted by Article 56 of and Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))back
[30] S.R. 1996 No. 519; to which there are amendments not relevant to these Regulationsback