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The Social Security (Income Support, Jobseeker’s Allowance and Claims and Payments) (Miscellaneous Amendments) Regulations (Northern Ireland) 1997

S.R. 1997/165 · Made 19 March 1997 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 9 October 2006.

SOCIAL SECURITY

Made 19th March 1997

Coming into operation 7th April 1997

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by Articles 6(5), 22(4) and (6) and 36(1) of the Jobseekers (Northern Ireland) Order 1995f1, sections 122(1)(a), 123(1)(e), 131(1) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f2 and sections 5(1)(q), 13A(2)(a) and 165 of the Social Security Administration (Northern Ireland) Act 1992f3 and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1995/2705 (N.I. 15)

f2

1992 c. 7; section 123(1)(e) was added by paragraph 13(5) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995

f3

1992 c. 8; section 13A(2) was inserted by the Social Security (Mortgage Interest Payments) (Northern Ireland) Order 1992 (S.I. 1992/1309 (N.I. 9))

Contents

  1. 1Citation, commencement and interpretation
  2. ... Repealed
  3. 3Amendment of Schedule 3 to the Income Support Regulations
  4. 4Amendment of the Social Security (Claims and Payments) Regulations
  5. 5Amendment of regulation 63 of the Jobseeker’s Allowance Regulations
  6. 6Amendment of regulation 68 of the Jobseeker’s Allowance Regulations
  7. 7Amendment of Schedule 2 to the Jobseeker’s Allowance Regulations
  8. 8Revocations
  9. Signature
  10. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security (Income Support, Jobseeker’s Allowance and Claims and Payments) (Miscellaneous Amendments) Regulations (Northern Ireland) 1997 and shall come into operation on 7th April 1997.

(2)

In these Regulations—

  • “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987f1;

  • “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f2.

(3)

The Interpretation Act (Northern Ireland) 1954f3 shall apply to these Regulations as it applies to a Measure of the Assembly.

...F1I1

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

3Amendment of Schedule 3 to the Income Support RegulationsI1

In Schedule 3 to the Income Support Regulationsf1 (housing costs), in paragraph 18(7)(d) (non-dependant deductions) after “income support” there shall be inserted “or an income-based jobseeker’s allowance”.

4Amendment of the Social Security (Claims and Payments) RegulationsI1C1

(1)

The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987f1 shall be amended in accordance with paragraphs (2) and (3).

(2)

In Schedule 8Af2 (deductions from benefits and direct payment to third parties)—

(a)

in paragraph 8(2) (aggregate amounts and maximum amount of payments to third parties) “and paragraph 3(5) of Schedule 8B” shall be omitted;

(b)

paragraph 8(4) shall be omitted;

(c)

in paragraph 9(1) (priority as between debts)—

(i)

“or one or more of those paragraphs are applicable to the beneficiary and Schedule 8B also applies” shall be omitted;

(ii)

head (za) shall be omitted.

(3)

In Schedule 8Bf3 (deductions of mortgage interest from benefit and payment to qualifying lenders)—

(a)

in paragraph 1 (interpretation) the definitions of “5 per cent. of the personal allowance for a single claimant aged not less than 25 years” and “personal allowance for a single claimant aged not less than 25 years” shall be omitted;

(b)

in paragraph 3 (specified part of relevant benefit) sub-paragraphs (5) and (6) (arrears of mortgage interest) shall be omitted;

(c)

in paragraph 4 (more than one loan) “plus” at the end of sub-paragraph (1)(b) and sub-paragraph (1)(c) shall be omitted.

5Amendment of regulation 63 of the Jobseeker’s Allowance RegulationsI1

(1)

Regulation 63 of the Jobseeker’s Allowance Regulations (reduced payments under Article 19 of the Order) shall be amended in accordance with paragraphs (2) and (3).

(2)

In paragraph (1) after “reduced by” there shall be inserted “, if he is a single person or a lone parent,” and for “in accordance with paragraph 1 of Schedule 1” there shall be substituted “in accordance with paragraph 1(1) or (2) of Schedule 1 (as the case may be) or, if he is a member of a couple, a sum equal to 40 per cent. of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1”.

(3)

In paragraph (3) after “shall be” there shall be inserted “if he is a single person or a lone parent” and at the end there shall be inserted “determined in accordance with paragraph 1(1) or (2) of Schedule 1 (as the case may be) or, if he is a member of a couple, 20 per cent. of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1”.

6Amendment of regulation 68 of the Jobseeker’s Allowance RegulationsI1

(1)

Regulation 68 of the Jobseeker’s Allowance Regulations (reduced amount of allowance) shall be amended in accordance with paragraphs (2) and (3).

(2)

In paragraph (1) after “reduced by” there shall be inserted “, if he is a single person or a lone parent,” and for “in accordance with paragraph 1 of Schedule 1” there shall be substituted “in accordance with paragraph 1(1) or (2) of Schedule 1 (as the case may be) or, if he is a member of a couple, a sum equal to 40 per cent. of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1”.

(3)

In paragraph (2) after “reduced by” there shall be inserted “, if he is a single person or a lone parent,” and for “in accordance with paragraph 1 of Schedule 1” there shall be substituted “in accordance with paragraph 1(1) or (2) of Schedule 1 (as the case may be) or, if he is a member of a couple, a sum equal to 20 per cent. of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1”.

7Amendment of Schedule 2 to the Jobseeker’s Allowance RegulationsI1

(1)

Schedule 2 to the Jobseeker’s Allowance Regulations (housing costs) shall be amended in accordance with paragraphs (2) and (3).

(2)

In paragraph 13 (linking rule) for sub-paragraph (3) there shall be substituted the following sub-paragraph—

“(3)

For the purposes of this Schedule, where a claimant has ceased to be entitled to a jobseeker’s allowance because he or his partner is participating in arrangements for training provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945f1 or made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950f2 he shall be treated as if he had been in receipt of a jobseeker’s allowance for the period during which he or his partner was participating in such arrangements.”.

(3)

In paragraph 17(7)(d) (non-dependant deductions) for “a jobseeker’s allowance” there shall be substituted “an income-based jobseeker’s allowance”.

8RevocationsI1

Regulation 4(3) and (4) of the Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 1992f1, paragraph 3(3)(c) of Schedule 2 to the Social Security (Income Support and Claims and Payments) (Amendment) Regulations (Northern Ireland) 1995f2 and regulation 2(27)(a)(i) of the Social Security (Claims and Payments) (Jobseeker’s Allowance Consequential Amendments) Regulations (Northern Ireland) 1996f3 are hereby revoked.

Signature

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

John O'Neill

Assistant Secretary

19th March 1997.

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987, the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996.

In particular, these Regulations—

(a)

clarify the rules relating to the reduction of amounts of jobseeker’s allowance in the case of young persons who commit certain acts, or who fail to do certain acts, by virtue of which, their jobseeker’s allowance falls to be reduced (regulations 5 and 6);

(b)

clarify the linking rules in jobseeker’s allowance where a person is participating in training (regulation 7(2));

(c)

clarify the position in relation to persons aged 50 or over who are in a prescribed category of person for the purpose of entitlement to income support (regulation 2);

(d)

provide that non-dependant deductions may not be made in respect of housing costs in both income support and jobseeker’s allowance where a non-dependant is under 25 and in receipt of an income-based jobseeker’s allowance (regulations 3 and 7(3));

(e)

provide that certain direct payments for mortgage interest arrears can no longer be made (regulation 4(3)(b)). Regulation 4(2) and (3)(a) and (c) makes amendments which are consequential on that amendment.

  • Regulation 8 makes consequential revocations.

  • These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Education and Employment and 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 are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.