Made | 13th March 2006 | ||
Coming into operation in accordance with regulation 1 |
(2) The Interpretation Act (Northern Ireland) 1954[8] shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Income Support (General) Regulations
2.
—(1) The Income Support (General) Regulations (Northern Ireland) 1987[9] shall be amended in accordance with paragraphs (2) to (9).
(2) For regulation 12[10] (relevant education) there shall be substituted the following regulation—
(3) In regulation 13(2)[12] (circumstances in which persons in relevant education are to be entitled to income support)—
(4) In regulation 14 (persons of a prescribed description)—
(5) In regulation 54 (interpretation for liable relatives) in the definition of "young claimant" for "19" there shall be substituted "20".
(6) In regulation 61(1) (interpretation for students) in the definition of "full-time student"[15] for "means a person," there shall be substituted "means a person who is not a qualifying young person or child within the meaning of section 138 of the Contributions and Benefits Act (child and qualifying young person) and".
(7) In Schedule 1B[16] (prescribed categories of person)—
(8) In Schedule 2 (applicable amounts) in paragraph 2(1)(b)[18] in column (1) for "nineteenth" there shall be substituted "twentieth".
(9) In Schedule 10 (capital to be disregarded) in paragraph 59[19], in sub-paragraphs (2)(c)(ii)(bb) and (4)(c)(ii)(bb) for "19" there shall be substituted "20".
Amendment of the Housing Benefit (General) Regulations
3.
—(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987[20] shall be amended in accordance with paragraphs (2) to (7).
(2) In regulation 13 (persons of prescribed description)—
(3) In regulation 48A(2)[22] (full-time students to be treated as not liable to make payments in respect of a dwelling) for sub-paragraph (f) there shall be substituted the following sub-paragraph—
(4) In Schedule 2 (applicable amounts) in paragraph 2(1)(b)[23] in column (1) for "nineteenth" there shall be substituted "twentieth".
(5) In Schedule 2A (applicable amounts for persons who have attained or whose partner has attained the qualifying age for state pension credit) in paragraph 2(1)(b)[24] in column (1) for "nineteenth" there shall be substituted "twentieth".
(6) The amendment made by paragraph (5) is to the Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003[25] applies.
(7) In Schedule 5 (capital to be disregarded) in paragraph 61[26] in sub-paragraphs (2)(c)(ii)(bb) and (4)(c)(ii)(bb) for "19" there shall be substituted "20".
Amendment of the Jobseeker's Allowance Regulations
4.
—(1) The Jobseeker's Allowance Regulations (Northern Ireland) 1996[27] shall be amended in accordance with paragraphs (2) to (11).
(2) In regulation 1(2) (citation, commencement and interpretation) in the definition of "full-time student" after "training allowance" there shall be inserted "or a person who is a qualifying young person or child within the meaning of section 138 of the Benefits Act (child and qualifying young person)".
(3) In regulation 3C(1)(c)[28] (entitlement of a new joint-claim couple to a jobseeker's allowance) for "no longer receiving full-time education for the purposes of section 138 of the Benefits Act" there shall be substituted "not qualifying young persons within the meaning of section 138 of the Benefits Act (child and qualifying young person)".
(4) In regulation 54 (relevant education) for paragraph (2) there shall be substituted the following paragraph—
(5) In regulation 57 (interpretation of Part IV) for the definition of "child benefit extension period" there shall be substituted the following definition—
(6) In regulation 76 (persons of a prescribed description)—
(7) In regulation 117 (interpretation for liable relatives) in the definition of "young claimant" for "19" there shall be substituted "20".
(8) In regulation 168 (persons in receipt of a training allowance)—
(9) In Schedule A1[31] (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order)—
(10) In Schedule 1 (applicable amounts) in paragraph 2(1)(b)[33] in column (1) for "nineteenth" there shall be substituted "twentieth".
(11) In Schedule 7 (capital to be disregarded) in paragraph 52[34], in sub-paragraphs (2)(c)(ii)(bb) and (4)(c)(ii)(bb) for "19" there shall be substituted "20".
Amendment of the State Pension Credit Regulations
5.
—(1) The State Pension Credit Regulations (Northern Ireland) 2003[35] shall be amended in accordance with paragraphs (2) to (6).
(2) In regulation 3(4) (persons temporarily absent from Northern Ireland) in the definition of "young person" for "has not attained the age of 19, is treated as a child for the purposes of " there shall be substituted "is a child or qualifying young person within the meaning of ".
(3) In Schedule 1 (circumstances in which persons are treated as being or not being severely disabled) in paragraph 2(2)(f) for "treated as a" there shall be substituted "a qualifying young person or".
(4) In Schedule 2 (housing costs) for "19" there shall be substituted "20" in each of the following provisions—
(5) In Schedule 5 (income from capital) in the definition of "child" for "treated as" there shall be substituted "who is a qualifying young person or" in each of the following paragraphs—
(6) In Schedule 6 (sums disregarded from claimant's earnings) in paragraph 1(2) in the definition of "child" for "treated as" there shall be substituted "who is a qualifying young person or".
Sealed with the Official Seal of the Department for Social Development on
13th March 2006.
L.S.
John O'Neill
A senior officer of the Department for Social Development
The Department of Finance and Personnel hereby consents to regulation 3 of the foregoing Regulations
Sealed with the Official Seal of the Department of Finance and Personnel on
14th March 2006.
L.S.
Richard Pengelly
A senior officer of the Department of Finance and Personnel
[2] S.I. 1995/2705 (N.I. 15); Article 5 was amended, and Article 5A was inserted, by paragraph 5(2) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)); Article 6 was amended by paragraph 27(2) of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and paragraph 2(3) of the Schedule to S.R. 2006 No. 37; 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) and paragraphs 8A and 9C of Schedule 1 were inserted by paragraph 16 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999back
[3] 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 1992 (c. 8)back
[9] S.R. 1987 No. 459; relevant amending rules are S.R. 1988 No. 318, S.R 1989 No. 249, S.R 1990 No. 131, S.R. 1991 No. 338, S.R. 1992 No. 403, S.R. 1993 No. 373, S.R. 1996 Nos. 199 and 476, S.R. 1999 No. 382, S.R. 2000 No. 241, S.R. 2001 No. 150, S.R. 2003 No. 195, S.R. 2005 Nos. 319 (C. 23) and 458 and S.R. 2006 No. 109back
[10] Regulation 12 was substituted by regulation 5 of S.R. 1990 No. 131 and amended by regulation 4(4) of S.R. 1992 No. 403 and regulation 4(4) of S.R. 1993 No. 373back
[11] Section 138 was substituted by section 2(2) of the Child Benefit Act 2005 (c. 6); see also regulation 2 of S.I. 2006/223back
[12] Regulation 13(2) was amended by regulation 4 of S.R. 1989 No. 249 and regulation 6(a) of S.R. 1991 No. 338back
[14] Paragraph (2) was substituted by paragraph 2 of Schedule 1 to S.R. 2005 No. 319 (C. 23)back
[15] Regulation 61 was renumbered as regulation 61(1) by regulation 3(3), and the definition of "full-time student" was inserted by regulation 3(3)(a), of S.R. 2000 No. 241back
[16] Schedule 1B was inserted by regulation 22 of, and Schedule 1 to, S.R. 1996 No. 199back
[17] See Article 4(b) of S.R. 1999 No. 481 and section 1 of the Department for Employment and Learning Act (Northern Ireland) 2001 (c. 15 (N.I.))back
[18] Sub-paragraph (1) was amended by regulation 18 of S.R. 1988 No. 318, regulation 2 of S.R. 1996 No. 476, regulation 2(1)(b) of S.R. 1999 No. 382 and Article 16(3) of S.R. 2006 No. 109; the omission of paragraph 2 by paragraph 20(a) of Schedule 1 to S.R. 2003 No. 195 does not have effect where regulation 1(3) of S.R. 2003 No. 195 applies and paragraph 2 continues to have effect in relation to any person who has not been awarded, or whose partner has not been awarded, a child tax creditback
[19] Paragraph 59 was inserted by regulation 2(1) of S.R. 2001 No. 150 and amended by paragraph 13 of Schedule1 to S.R. 2005 No.458back
[20] S.R. 1987 No. 461; relevant amending rules are S.R. 1990 No. 297, S.R. 1995 No. 129, S.R. 1996 No. 334, S.R. 1998 Nos. 2, 73 and 112, S.R. 1999 No. 382, S.R. 2000 No. 242, S.R. 2001 No. 150, S.R. 2003 No. 197, S.R. 2005 Nos. 319 (C. 23) and 458 and S.R. 2006 No. 109back
[21] Paragraph (2) was substituted by paragraph 1 of Schedule 2 to S.R. 2005 No. 319 (C. 23)back
[22] Regulation 48A was inserted by regulation 3(6) of S.R. 1990 No. 297 and paragraph (2) was amended by regulation 6(a) of S.R. 1995 No. 129, regulation 9 of S.R. 1996 No. 334, regulation 3(5) of S.R. 1998 No. 2, regulation 3 of S.R. 1998 No. 112, and regulation 4(3) of S.R. 2000 No. 242back
[23] Paragraph 2 was substituted by regulation 4(a) of, and Schedule 1 to, S.R. 1998 No. 73 and amended by regulation 2(1)(b) of S.R. 1999 No. 382 and Article 19(5) of S.R. 2006 No. 109back
[24] Schedule 2A was inserted by regulation 6(2) of S.R. 2003 No. 197 and amended by Article 20(4) of S.R. 2006 No. 109back
[26] Paragraph 61 was added by regulation 2(2) of S.R. 2001 No. 150 and amended by paragraph 8 of Schedule 2 to S.R. 2005 No. 458back
[27] S.R. 1996 No. 198; relevant amending rules are S.R. 1996 No. 476, S.R. 1999 No. 382, S.R. 2000 No. 350, S.R. 2001 Nos. 120 and 150, S.R. 2003 No. 195, S.R. 2005 Nos. 319 (C. 23) and 458 and S.R. 2006 No. 109back
[28] Regulation 3C was inserted by regulation 2(2) of S.R. 2000 No. 350back
[30] Paragraph (2) was amended by paragraph 2 of Schedule 3 to S.R. 2005 No. 319 (C. 23)back
[31] Schedule A1 was inserted by Schedule 1 to S.R. 2000 No. 350back
[32] Paragraph 2 was substituted by regulation 2(6) of S.R. 2001 No. 120back
[33] Sub-paragraph (1) was inserted by regulation 2 of S.R. 1996 No. 476 and amended by regulation 2(1)(b) of S.R. 1999 No. 382 and Article 22(3) of S.R. 2006 No. 109; the omission of paragraph 2 by paragraph 20(a) of Schedule 2 to S.R. 2003 No. 195 does not have effect where regulation 1(7) of S.R. 2003 No. 195 applies and paragraph 2 continues to have effect in relation to any person who has not been awarded, or whose partner has not been awarded, a child tax creditback
[34] Paragraph 52 was inserted by regulation 2(1) of S.R. 2001 No. 150 and amended by paragraph 15 of Schedule 3 to S.R. 2005 No. 458back
[35] S.R. 2003 No. 28; relevant amending regulations are S.R. 2005 No. 458back
[36] Paragraph 4(11)(c)(iii) was amended by regulation 4 of, and paragraph 5(a)(iv) of Schedule 4 to, S.R. 2005 No. 458back