Made | 10th March 2005 | ||
Coming into operation | 4th April 2005 |
(3) The Interpretation Act (Northern Ireland) 1954[11] shall apply to these Regulations as it applies to an Act of the Assembly.
Amendments in relation to the Armed Forces and Reserve Forces Compensation Scheme
2.
- (1) In each of the provisions specified in paragraph (2) at the appropriate place, there shall be inserted the following definitions -
(2) The provisions specified for the purposes of paragraph (1) are -
(3) In regulation 15(5) of the State Pension Credit Regulations[14], (income for the purposes of the Act) after sub-paragraph (a) there shall be inserted the following sub-paragraphs -
(4) The amendments made by paragraph (5) and (9)(b) are to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003[15] applies.
(5) In regulation 25(1) of the Housing Benefit Regulations[16] (meaning of "income") after sub-paragraph (d) there shall be inserted the following sub-paragraphs -
(6) In regulations 42(4)(a)(i) of the Income Support Regulations[17] (notional income) and 51(3)(a)(i)[18] (notional capital) after "benefit Acts," there shall be inserted "a payment from the Armed Forces and Reserve Forces Compensation Scheme,".
(7) In regulations 105(10)(a)(i) of the Jobseeker's Allowance Regulations[19] (notional income) and 113(3)(a)(i)[20] (notional capital) after "Benefits Act," there shall be inserted "a payment from the Armed Forces and Reserve Forces Compensation Scheme,".
(8) In each of the provisions specified in paragraph (9) -
(b) in sub-paragraph (d) after "pension" there shall be inserted "or payment";
(c) in sub-paragraph (e) for "pensions mentioned in sub-paragraphs (a) to (c)" there shall be substituted "pensions or payments mentioned in sub-paragraphs (a) to (cc)"
(9) The provisions specified for the purposes of paragraph (8) (which relate to the sums to be disregarded in the calculation of income other than earnings) are -
(10) In Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) -
(b) in paragraph 14[25] -
(11) In Schedule 6, paragraph 17[26] to the Jobseeker's Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) -
(b) in sub-paragraph (b) after "war widower's pension" there shall be inserted "or analogous to a guaranteed income payment";
(c) in sub-paragraph (e) after "pensions" there shall be inserted "or analogous to a guaranteed income payment".
Amendment of the Income Support Regulations
3.
- (1) Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with paragraphs (2) and (3).
(2) In paragraph 5[27] after the words "housing benefit" where they first appear, there shall be inserted "to which the claimant is entitled".
(3) In paragraph 27(a)(i)[28] after "authority" there shall be added "but excluding payments of housing benefit made in respect of the person concerned".
Amendment of the Housing Benefit Regulations
4.
- (1) In Schedule 4, paragraph 27(a)(i)[29] to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) after "authority" there shall be added "but excluding payments of housing benefit made in respect of the person concerned".
(2) The amendment made by paragraph (3) is to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 applies.
(3) In regulation 33(2)(d)(i) of the Housing Benefit Regulations (earnings of self-employed earners) after "authority" there shall be added "but excluding payments of housing benefit made in respect of the person concerned".
Amendment of the Jobseeker's Allowance Regulations
5.
- (1) The Jobseeker's Allowance Regulations shall be amended in accordance with paragraphs (2) to (6).
(2) In regulation 1(2) (citation, commencement and interpretation) the definitions of "earnings top-up" and "the Earnings Top-up Scheme"[30] shall be omitted.
(3) In regulation 103[31] (calculation of income other than earnings) paragraph (4) shall be omitted.
(4) In regulation 105 (notional income) paragraph (2)(f) shall be omitted.
(5) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) -
(6) In Schedule 7, (capital to be disregarded) paragraph 12(1)(c)[33] shall be omitted.
Sealed with the Official Seal of the Department for Social Development on
10th March 2005.
L.S.
John O'Neill
A senior officer of the Department for Social Development
The Department of Finance and Personnel hereby consents to regulation 2(2), (5), (9)(b), (10) and regulation 4.
Sealed with the Official Seal of the Department of Finance and Personnel on
11th March 2005.
L.S.
Ciaran Doran
A senior officer of the Department of Finance and Personnel
[2] S.I. 1995/2705 (N.I. 15); Article 36(2)(a) 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)back
[3] See Article 8(b) of and Part II of Schedule 6 to 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 and Part II of Schedule 4 to S.R. 1999 No. 481back
[6] See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)back
[7] S.R. 1987 No. 461; relevant amending Regulations are S.R. 1995 Nos. 410 and 481, S.R. 1998 No. 81 and S.R. 2002 No. 128back
[8] S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 No. 318, S.R. 1995 Nos. 410 and 481, S.R. 1996 No. 449, S.R. 1997 No. 22, S.R. 1998 Nos. 81 and 326, S.R. 2000 No. 260, S.R. 2002 No. 128 and S.R. 2003 No. 195back
[9] S.R. 1996 No. 198; relevant amending Regulations are S.R. 1996 No. 503, S.R. 1998 Nos. 81 and 326, S.R. 2002 No. 128 and S.R. 2003 No. 195back
[10] S.R. 2003 No. 28; relevant amending Regulations are S.R. 2003 No. 421back
[14] Regulation 15(5) was amended by regulation 2(7) of S.R. 2003 No. 421back
[16] Regulation 25 was inserted by regulation 8 of S.R. 2003 No. 197 and paragraph (1) was amended by regulation 2(5)(b) of S.R. 2003 No. 418 and regulation 2(10) of S.R. 2004 No. 394back
[17] Regulation 42(4) was substituted by regulation 9(a) of S.R. 1988 No. 318 and amended by regulation 5(2) of S.R. 1995 No. 410, regulation 2(1)(a) and (2) of S.R 1995 No. 481, regulation 2(2) of S.R. 1998 No. 326, regulation 2(3) of S.R. 2002 No. 128, regulation 2 and paragraph 10(e)(i) and (ii) of Schedule 1 to S.R. 2003 No. 195back
[18] Regulation 51(3) was substituted by paragraph 11(a) of S.R. 1988 No. 318 and amended by regulation 9 of S.R. 1997 No. 22, regulation 3(2)(a) of S.R. 1998 No. 326, regulation 2(4) of S.R. 2002 No. 128, regulation 2 and paragraph 13(a)(i) and (ii) of Schedule 1 to S.R. 2003 No. 195back
[19] Regulation 105(10)(a)(i) was substituted by regulation 2(1)(a) of S.R. 1998 No. 326 and amended by regulation 4(3) of S.R. 2002 No. 128, regulation 3 and paragraph 10(c)(i) and (ii) of Schedule 2 to S.R. 2003 No. 195back
[20] Regulation 113(3)(a)(i) was amended by regulation 4(4) of S.R. 2002 No. 128 and regulation 3 and paragraph 13(a)(ii) of Schedule 2 to S.R. 2003 No. 195back
[21] Paragraph 16 was substituted by regulation 5(3) of S.R. 1995 No. 410 and amended by regulation 2(4) of S.R. 2000 No. 260 and regulation 2(5)(a) and (b) of S.R. 2002 No. 128back
[22] Schedule 4A has effect by virtue of regulation 12 and Schedule 2, paragraph 1(b) of S.R. 2003 No. 197back
[23] Paragraph 1 was amended by regulation 2(10)(a) of S.R. 2003 No. 421back
[24] Paragraph 13 was substituted by regulation 4(2)(a) of S.R. 1995 No. 410 and amended by regulation 2(2) of S.R. 1995 No. 481 and regulation 3(3)(a) and (b) of S.R. 2002 No. 128back
[25] Paragraph 14 was substituted by regulation 4(2)(b) of S.R. 1995 No. 410back
[26] Paragraph 17 was amended by regulation 4(5)(a) and (b) of S.R. 2002 No. 128back
[27] Paragraph 5 was amended by regulation 2(5)(a) of S.R. 1996 No. 449back
[28] Paragraph 27 was substituted by regulation 4(1) of S.R. 1998 No. 81back
[29] Paragraph 27 was substituted by regulation 4(1) and (2)(c) of S.R. 1998 No. 81back
[30] The definitions of "earnings top-up" and "the Earnings Top-up Scheme" were inserted by regulation 2(2)(c) of S.R. 1996 No. 503back
[31] Regulation 103(4) was substituted by regulation 9(2)(a) of S.R. 1998 No. 81back
[32] Paragraph 28 was substituted by regulation 4(1) of S.R. 1998 No. 81back
[33] Paragraph 12(1)(c) was inserted by regulation 2(21) of S.R. 1996 No. 503back