The Income Support (General) (Amendment) Regulations (Northern Ireland) 1996
S.R. 1996/78 · Made 7 March 1996
SOCIAL SECURITY
Made 7th March 1996
Coming into operation in accordance with regulation 1(1) and (2)
The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 122(1)(a) and 132(4)(b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 and of all other powers enabling it in that behalf, hereby makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and interpretation
- 2Amendment of Schedule 9 to the Income Support Regulations
- Signature
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Income Support (General) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 8th April 1996.
These Regulations shall have effect in relation to any particular claimant from the beginning of the first benefit week to commence for that claimant on or after 8th April 1996 and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
In these Regulations “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987f1.
The Interpretation Act (Northern Ireland) 1954f2 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.
2Amendment of Schedule 9 to the Income Support Regulations
In Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 15Af1 there shall be inserted the following paragraph—
“15B(1)Subject to sub-paragraphs (2) and (3), where a claimant—
(a)(b)is not residing with his spouse; and
(c)at least 50 per cent. of any occupational pension of his is being paid to, or in respect of, his spouse for that spouse’s maintenance,
an amount equal to 50 per cent. of the pension or pensions concerned.
(2)Where a claimant is entitled to more than one occupational pension, those pensions shall be aggregated for the purposes of sub-paragraph (1).
(3)This paragraph shall not have effect in respect of that part of any occupational pension to which a spouse is legally entitled whether under a court order or not.”.
Signature
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
L.S.
W. G. Purdy
Assistant Secretary
7th March 1996.
Explanatory note
(This note is not part of the Regulations.)
These Regulations amend Schedule 9 to the Income Support (General) Regulations (Northern Ireland) 1987 to provide that where a claimant for income support is resident in, or is temporarily absent from, a residential care home or nursing home and has preserved rights to higher limits of income support and at least 50 per cent. of any occupational pension of his is being paid to, or in respect of, his spouse for the spouse’s maintenance, 50 per cent. of the pension or pensions concerned shall be disregarded in calculating the claimant’s income. This disregard shall not have effect in the case of any occupational pension or part of a pension to which the spouse is legally entitled whether under a court order or not.
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.