# The Income Support (Prescribed Categories of Person) Regulations (Northern Ireland) 2009, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations revoke (subject to savings) provisions of the Income Support (General) Regulations (Northern Ireland) 1987 which prescribe that persons who are in relevant education and have a disability, incapable of work, treated as incapable of work, disabled or deaf students or blind are entitled to income support.
The provisions remain in operation for persons in respect of whom a determination that the provision applied to them was made before the 30th December 2009, certain linked claims for income support (including new claims from people entitled to incapacity benefit or severe disablement allowance), cases where information or evidence about incapacity for work required by the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 was provided before that date, and cases where the Department received notification before that date stating that one of the provisions applies and it is determined that the provision concerned applies.
The provisions are also saved for people whose entitlement to income support was terminated without having regard to whether they met the criteria for the above categories of person before the date these Regulations come into operation (amounting to official error).
The Regulations also make consequential amendments to the Income Support (General) Regulations (Northern Ireland) 1987, the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003, the Children (Leaving Care) Social Security Benefits Regulations (Northern Ireland) 2005 and the Social Security (Incapacity Benefit Work-focused Interviews) Regulations (Northern Ireland) 2008.
These Regulations 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 Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

---
Source: https://www.legislation.gov.uk/nisr/2009/418/note (the official version)
Page: https://openlegislation.uk/income-support-prescribed-categories-of-person-regulations-northern-ireland-2009/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.