Made | 26th March 2004 | ||
Coming into operation in accordance with regulation 1 |
(3) In paragraph (2)(e) "benefit week" has the same meaning as in -
(4) In these Regulations -
(5) The Interpretation Act (Northern Ireland) 1954[12] shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Income Support Regulations in relation to income and capital disregards
2.
- (1) The Income Support Regulations shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 2(1) (interpretation) the definition of "ERA payment"[13] shall be omitted.
(3) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) -
(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 17(1)(e) (applicable amounts) or 18(1)(f) (polygamous marriages), of the claimant or, where the claimant is a member of a family, any other member of his family.
(3) For the purposes of this paragraph, "ordinary clothing or footwear" means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.";
(4) In Schedule 10 (capital to be disregarded) -
(c) paragraphs 48, 48A, 49, 51 and 65[21] shall be omitted.
Amendment of the Housing Benefit Regulations in relation to income and capital disregards
3.
- (1) The Housing Benefit Regulations shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 2(1) (interpretation) the definition of "ERA payment"[22] shall be omitted.
(3) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) -
(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent or rates of the claimant or, where the claimant is a member of a family, any other member of his family.
(3) For the purposes of this paragraph -
(4) In Schedule 5 (capital to be disregarded) -
(c) paragraphs 51, 51A, 52, 54, 60 and 67[28] shall be omitted.
Amendment of the Jobseeker's Allowance Regulations in relation to income and capital disregards
4.
- (1) The Jobseeker's Allowance Regulations shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 1(2) (interpretation) the definition of "ERA payment"[29] shall be omitted.
(3) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) -
(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs), of the claimant or, where the claimant is a member of a family, any other member of his family.
(3) For the purposes of this paragraph, "ordinary clothing or footwear" means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.";
(4) In Schedule 7 (capital to be disregarded) -
(c) paragraphs 43, 43A, 44, 46 and 58[31] shall be omitted.
Amendment of the Jobseeker's Allowance Regulations in relation to residential allowance
5.
- (1) The Jobseeker's Allowance Regulations shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 86C[32] (joint-claim couples: special cases) -
(3) In Schedule 4A[35] (applicable amounts of joint-claim couples in special cases) paragraph 6 (joint-claim couples and members of polygamous marriages where one member is, or all are, temporarily in accommodation provided by a Health and Social Services Board or an HSS trust) shall be omitted.
Amendment of the Social Security (Work-focused Interviews for Lone Parents) Regulations
6.
In regulation 1(1) of the Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001[36] (citation, commencement and interpretation), for sub-paragraph (f) there shall be substituted the following sub-paragraph -
Amendment of the Social Security (Overlapping Benefits) Regulations
7.
In regulation 8(2)(b) and (3) (child benefit) of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979[37] for "£3·50" there shall be substituted "£3·65".
Amendment of the Housing Benefit Regulations in relation to working tax credit and child tax credit
8.
- (1) The Housing Benefit Regulations shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 2(1) (interpretation) after the definition of "supplementary benefit"[38] there shall be inserted the following definition -
(3) In regulation 25 (meaning of "income") as substituted by the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 after paragraph (3) there shall be inserted the following paragraph -
(4) In regulation 33 (calculation of income other than earnings) after paragraph (3) there shall be inserted the following paragraph -
Amendment of the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations
9.
In regulation 6(6) (income support - transitional arrangements) and regulation 7(5) (jobseeker's allowance - transitional arrangements) of the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003[41] for "£10·45" there shall be substituted "£10·50".
Sealed with the Official Seal of the Department for Social Development on
26th March 2004.
L.S.
John O'Neill
A senior officer of the Department for Social Development
The Department of Finance and Personnel hereby consents to regulations 3 and 8 of the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on
29th March 2004.
L.S.
Ciaran Doran
A senior officer of the Department of Finance and Personnel
Regulations 2 to 4 amend the income disregard Schedules of the principal Regulations to make provision for one paragraph to disregard (with certain exceptions) any payment made to a claimant or his partner pursuant to section 1 or 3 of the Employment and Training Act (Northern Ireland) 1950 (c. 29 (N.I.)) in the calculation of income other than earnings.
The capital disregard Schedules of the principal Regulations are similarly amended so that one paragraph provides for payments made pursuant to section 1 or 3 of the Employment and Training Act (Northern Ireland) 1950 to be disregarded as capital. The amendments also provide for the capital disregard to apply only for a period of 52 weeks from when the payment is received, and for the removal of a £200 limit on the disregard of training bonus payments.
Certain paragraphs of those Schedules which refer to the disregard of specific payments made pursuant to those Acts are consequentially amended or omitted.
Regulation 5 amends the 1996 Regulations as a consequence of the cessation of the payment of a residential allowance or special amounts to recipients of income-based jobseeker's allowance who are residing in residential care homes or nursing homes or who are in residential accommodation as defined in regulation 85(4) of the 1996 Regulations.
Regulation 5(2) amends regulation 86C of the 1996 Regulations in consequence of the omission of certain paragraphs of Schedule 4A to the 1996 Regulations.
Regulation 5(3) omits paragraph 6 of Schedule 4A to the 1996 Regulations as a consequence of the cessation of the payment of the special amounts to recipients of income-based jobseeker's allowance who are residing in residential accommodation provided by a Health and Social Services Board or a Health and Social Services trust.
Regulation 6 substitutes a new sub-paragraph for sub-paragraph (f) of regulation 1(1) of the Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001 to provide that a lone parent who is entitled to income support on 5th April 2004 and who has a child (which is defined in section 133(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) as being a person who is under the age of 16) shall be required to take part in a work-focused interview in accordance with the those Regulations.
Regulation 7 amends the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 to ensure that the adjustments of benefit by reference to the rate of child benefit in respect of the only, elder or eldest child or payable in respect of a child of a lone parent remain the same despite an increase in the difference between the rates of child benefit from 12th April 2004.
Regulation 8 amends the Housing Benefit (General) Regulations (Northern Ireland) 1987 to provide that the amount of working tax credit or child tax credit to be taken into account when assessing entitlement to housing benefit shall be the amount of tax credit awarded less any deduction which is being made in order to recover any overpayment of tax credit.
Regulation 9 amends the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003 to increase with effect from the first day of the first benefit week to commence for a claimant of income support or a jobseeker's allowance on or after 12th April 2004 the income support or jobseeker's allowance income disregard for families in which there is a child under the age of one.
In so far as these Regulations are required, for the purposes of regulations 3 and 8, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 ("the 1992 Act"), 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, the 1992 Act, 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 a charge on business.
[2] 1992 c. 8; section 2A and 2B were inserted by Article 54 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), section 2B(2) was amended by paragraph 6(b) of the Schedule to the Social Security (Northern Ireland) Act 2002 (c. 10) and section 71(1) was amended by paragraph 32(2) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))back
[3] S.I. 1995/2705 (N.I. 15); Article 36(2)(a) was amended by Article 4 of and paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)back
[4] See Article 8(b) of S.R. 1999 No. 481back
[5] 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. 481back
[6] See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992back
[7] The definition of "benefit week" was amended by regulation 2(a) of S.R. 1988 No. 318back
[8] The definition of "benefit week" was amended by regulation 2(2) of S.R. 1996 No. 358 and regulation 2(2)(a) of S.R. 1996 No. 503back
[9] S.R. 1987 No. 461; relevant amending Regulations are S.R. 1992 No. 141, S.R. 1993 No. 414, S.R. 1997 No. 541, S.R. 1998 No. 325, S.R. 2001 Nos. 134 and 151, S.R. 2002 No. 275 and S.R. 2003 Nos. 197 and 417back
[10] S.R. 1987 No. 459; relevant amending Regulations are S.R. 1990 No. 387, S.R. 1992 No. 147, S.R. 1993 No. 373, S.R. 1997 No. 541, S.R. 1998 No. 326, S.R. 1999 No. 381, S.R. 2001 Nos. 105, 134 and 151, S.R. 2002 No. 275 and S.R. 2003 Nos. 195, 367 and 417back
[11] S.R. 1996 No. 198; relevant amending Rules are S.R. 1997 No. 541, S.R. 1998 No. 326, S.R. 2000 No. 350, S.R. 2001 No. 151, S.R. 2002 Nos. 132 and 275 and S.R. 2003 Nos. 155 and 417back
[13] Definition of "ERA payment" was inserted by regulation 2(2) of S.R. 2003 No. 417back
[14] Paragraph 13 was substituted by regulation 3(8)(b) of S.R. 1990 No. 387 and amended by regulation 17(7)(b) of S.R. 1997 No. 541 and regulation 13(11)(b) of S.R. 2001 No. 151back
[15] 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)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8)) and section 3 was amended by Article 16 of and Part I of Schedule 4 to the Social Security (Northern Ireland) Order 1980 (S.I. 1980/870 (N.I. 8)) and Article 35 of and paragraph 1 of Schedule 3 to the Industrial Training (Northern Ireland) Order 1984 (S.I. 1984/1159 (N.I. 9))back
[16] Paragraph 51 was added by regulation 13(b) of S.R. 1992 No. 147back
[17] Paragraph 68 was added by regulation 2(10) of S.R. 1999 No. 381 and amended by regulation 3(4) of S.R. 2001 No. 134 and prospectively amended by paragraph 23(e) of Schedule 1 to S.R. 2003 No. 195 and regulation 2(d)(iii) of S.R. 2003 No. 367back
[18] Paragraph 60 was substituted by regulation 13(12) and (13)(b) of S.R. 2001 No. 151; paragraph 60A was inserted by regulation 3(3) of S.R. 2002 No. 275; paragraph 61 was added by regulation 17(9) and (10)(a) of S.R. 1997 No. 541; paragraph 64 was added by regulation 4(4) of S.R. 1998 No. 326 and amended by regulation 2(c)(ii) of S.R. 2001 No. 105 and paragraph 73 was added by regulation 2(4)(c) of S.R. 2003 No. 417back
[19] Paragraph 30 was substituted by regulation 3(9) of S.R. 1990 No. 387 and amended by regulation 4(23) of S.R. 1993 No. 373back
[20] Paragraph 42 was added by regulation 14(b) of S.R. 1992 No. 147back
[21] Paragraph 48 was substituted by regulation 13(14) and (15)(b) of S.R. 2001 No. 151; paragraph 48A was inserted by regulation 3(4) of S.R. 2002 No. 275; paragraph 49 was added by regulation 17(11) and (12)(a) of S.R. 1997 No. 541 and paragraph 65 was added by regulation 2(5)(b) of S.R. 2003 No. 417back
[22] Definition of "ERA payment" was inserted by regulation 3(2) of S.R. 2003 No. 417back
[23] Paragraph 11 was substituted by regulation 5(6) of S.R. 1993 No. 414 and amended by regulation 17(7)(b) of S.R. 1997 No. 541 and regulation 13(11)(a) of S.R. 2001 No. 151back
[24] Paragraph 52 was added by regulation 13(b) of S.R. 1992 No. 141back
[25] Paragraph 66 was substituted by regulation 13(12) and (13)(a) of S.R. 2001 No. 151; paragraph 66A was inserted by regulation 4(2) of S.R. 2002 No. 275; paragraph 67 was added by regulation 17(9) and (10)(b) of S.R. 1997 No. 541; paragraph 69 was added by regulation 4 of S.R. 1998 No. 325 and paragraph 75 was inserted by regulation 3(5)(c) of S.R. 2003 No. 417back
[26] Paragraph 33 was substituted by regulation 6 of S.R. 1993 No. 414back
[27] Paragraph 43 was added by regulation 14(b) of S.R. 1992 No. 141back
[28] Paragraph 51 was substituted by regulation 13(15)(a) of S.R. 2001 No. 151; paragraph 51A was inserted by regulation 4(3) of S.R. 2002 No. 275; paragraph 52 was added by regulation 17(11) and (12)(b) of S.R. 1997 No. 541; paragraph 54 was added by regulation 5 of S.R. 1998 No. 325; paragraph 60 was added by regulation 2(4) of S.R. 2001 No. 134 and paragraph 67 was added by regulation 3(6)(c) of S.R. 2003 No. 417back
[29] Definition of "ERA payment" was inserted by regulation 4(2) of S.R. 2003 No. 417back
[30] Paragraph 58 was substituted by regulation 10(b) of S.R. 2001 No. 151; paragraph 58A was inserted by regulation 2(5) of S.R. 2002 No. 275; paragraph 59 was added by regulation 14(b) of S.R. 1997 No. 541; paragraph 62 was added by regulation 4(1) of S.R. 1998 No. 326 and paragraph 69 was added by regulation 4(4)(c) of S.R. 2003 No. 417back
[31] Paragraph 43 was substituted by regulation 11 of S.R. 2001 No. 151; paragraph 43A was inserted by regulation 2(6) of S.R. 2002 No. 275; paragraph 44 was added by regulation 15 of S.R. 1997 No. 541; paragraph 46 was added by regulation 5(1) of S.R. 1998 No. 326 and paragraph 58 was added by regulation 4(5)(b) of S.R. 2003 No. 417back
[32] Regulation 86C was inserted by paragraph 35 of Schedule 2 to S.R. 2000 No. 350back
[33] Paragraph (1) was amended by paragraph 9(a) of Part II of the Schedule to S.R. 2002 No. 132back
[34] Paragraph (2A) was inserted by paragraph 9(b) of Part II of the Schedule to S.R. 2002 No. 132back
[35] Schedule 4A was inserted by regulation 2(5) of, and paragraph 57 of Schedule 2 to, S.R. 2000 No. 350 and paragraph 6 was amended by regulation 2 and paragraph 20 of Part II of the Schedule to, S.R. 2002 No. 132 and Article 22(9) of and Schedule 12 to, S.R. 2003 No. 115back
[36] S.R. 2001 No. 152; sub-paragraph (f) was inserted by regulation 2(2) of S.R. 2002 No. 105 and substituted by regulation 2(1) of S.R. 2003 No. 107back
[37] S.R. 1979 No. 242; relevant amending Regulations are S.R. 1991 No. 88, S.R. 1992 No. 116, S.R. 1996 No. 288, S.R. 2000 No. 106 and S.R. 2003 No. 44back
[38] The definition of "supplementary benefit" was inserted by regulation 2 of S.R. 1992 No. 141back