OpenLegislation

Regulation 4 Flat rateF1I1

Northern Ireland

(1)

The following benefits, pensions and allowances are prescribed for the purposes of paragraph 4(1)(b) of Schedule 1 to the Order—

(a)

under the Contributions and Benefits Act—

F2(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)

category A retirement pension under section 44f1;

(iii)

category B retirement pension under section 48Cf2;

(iv)

category C and category D retirement pensions under section 78f3;

(v)

incapacity benefit under section 30Af4;

(vi)

F3carer’s allowance under section 70f5;

(vii)

maternity allowance under section 35f6 F4or 35B;

(viii)

severe disablement allowance under section 68f7;

(ix)

industrial injuries benefit under section 94;

(x)

widowed mother’s allowance under section 37;

(xi)

widowed parent’s allowance under section 39Af8, and

(xii)

widow’s pension under section 38;

(b)

contribution-based jobseeker’s allowance under Article 3 of the Jobseekers Orderf9;

(c)

a social security benefit paid by a country other than the United Kingdom;

(d)

a training allowance (other than a relevant training scheme); F5...

(e)

a war disablement pension F6... within the meaning of section 146(2) of the Contributions and Benefits Act or a pension which is analogous to such a pension paid by the government of a country outside the United Kingdom; ...

(F7f)

a war widow’s pension, war widower’s pension or surviving civil partner’s war pension; F8F9...

(g)

a payment under a scheme mentioned in section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 (compensation schemes for armed and reserve forces); F10...

(F11h)

contributory employment and support allowance under section 2 of the Welfare Reform Act F12; and

(i)

a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015.

(2)

The benefits prescribed for the purposes of paragraph 4(1)(c) of Schedule 1 to the Order are—

(a)

income support under section 123 of the Contributions and Benefits Actf10;

(b)

an income-based jobseeker’s allowance under Article 3 of the Jobseekers Order; F13F14...

(c)

state pension credit; F15...

(F16d)

income-related employment and support allowance under section 4 of the Welfare Reform Act; F17and

(F18e)

universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income.

I2(3)

Where the non-resident parent is liable to pay a flat rate by virtue of paragraph 4(2) of Schedule 1 to the Order—

(a)

if he has one partner, then the amount payable by the non-resident parent shall be half the flat rate; and

(b)

if he has more than one partner, then the amount payable by the non-resident parent shall be the result of apportioning the flat rate equally among him and his partners.

(F194)

For the purposes of paragraph (2)(e) and regulation 5(d) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.

Annotations

Textual amendments

F1

Regulations revoked (coming into operation in accordance with reg. 1(1)(c) of the amending Rule) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/438), regs. 1(1)(c), 9(2), Sch.; S.R. 2012/440, art. 2(1)

F2

Reg. 4(1)(a)(i) omitted (6.4.2017) by virtue of The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2017 (S.R. 2017/66), arts. 1(2)(c), 16 (with arts. 2, 3)

F3

Words in reg. 4(1)(a)(vi) substituted (1.4.2003) by The Social Security (Carer’s Allowance) (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002/323), reg. 1(1)(b), Sch. para. 1(t)

F4

Words in reg. 4(1)(a)(vii) inserted (18.5.2014) by The Social Security (Maternity Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/140), regs. 1(1), 3(2)

F5

Word in reg. 4(1)(d)(e) omitted (17.3.2005) by virtue of The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2005 (S.R. 2005/125), regs. 1(1), 6(2)(a)

F6

Words in reg. 4(1)(e) omitted (5.11.2003) by virtue of The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/469), regs. 1(1), 6(3)(a)

F7

Reg. 4(1)(f) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order (Northern Ireland) 2005 (S.R. 2005/536), art. 1, Sch. 4 para. 7(3) (with art. 3)

F8

Word in reg. 4(1)(f) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 26(3)(a)(i)

F9

Reg. 4(1)(g) and word added (17.3.2005) by The Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2005 (S.R. 2005/125), regs. 1(1), 6(2)(b)

F10

Word in reg. 4(1)(g) omitted (6.4.2016) by virtue of The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2015 (S.R. 2015/411), arts. 1(b), 15(a)

F11

Reg. 4(1)(h) and word added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 26(3)(a)(ii)

F12

Reg. 4(1)(i) and word added (6.4.2016) by The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2015 (S.R. 2015/411), arts. 1(b), 15(b)

F13

Word in reg. 4(2)(b) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 26(3)(b)(i)

F14

Reg. 4(2)(c) and word added (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003 (S.R. 2003/191), regs. 1(2)(b), 33(3) (with regs. 34-36)

F15

Word in reg. 4(2)(c) omitted (coming into operation in accordance with reg. 1(1) of the amending Rule) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 40(3)(a)(i)

F16

Reg. 4(2)(d) and word added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 26(3)(b)(ii)

F17

Word in reg. 4(2)(d) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 40(3)(a)(ii)

F18

Reg. 4(2)(e) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 40(3)(a)(iii)

F19

Reg. 4(4) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 40(3)(b)

Commencement

I1

Reg. 4(1)(2) in operation at 31.1.2001, see reg. 1(1)(b)

I2

Reg. 4(3) comes into operation in accordance with reg. 1(1)(a)

Footnotes

f1

Section 44 was amended by paragraph 11 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and Article 125(2) of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))

f2

Section 48C was inserted by paragraph 3(1) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 and amended by paragraph 6 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

f3

Section 78 was amended by paragraph 14 of Schedule 2 to the Pensions (Northern Ireland) Order 1995

f4

Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

f5

Section 70 was amended by regulation 2(3) of S.R. 1994 No. 370

f6

Section 35 was amended by Article 4(a) of the Still-Birth (Definition) (Northern Ireland) Order 1992 (S.I. 1992/1310 (N.I. 10)), regulation 2 of S.R. 1994 No. 176 and Article 50 of the Welfare Reform and Pensions (Northern Ireland) Order 1999

f7

Section 68 is repealed prospectively with savings by Article 62 of, and Part IV of Schedule 10 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999

f8

Section 39A is inserted prospectively by Article 52(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999

f9

Article 3 was amended by paragraph 3 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

f10

Section 123 was amended by paragraph 13 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995