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The Income-Related Benefits and Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1997

S.R. 1997/331 · Made 10 July 1997 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 20 November 2006.

HOUSING; RATES; SOCIAL SECURITY

Made 10th July 1997

Coming into operation 18th August 1997

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 122(1), 132(3), (4)(b) and (c) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 and Articles 14(1) and (4)(b) and (c) and 36 of the Jobseekers (Northern Ireland) Order 1995f2 and of all other powers enabling it in that behalf, with the consent of the Department of the Environment for Northern Irelandf3 in so far as relates to regulations 2(1) and (2)(b) and 3(1) and (2)(b) of these Regulations, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to itf4, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 7

f2

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

f3

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))

f4

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Income Support, Housing Benefit, Family Credit, Disability Working Allowance and Jobseeker’s Allowance: interpretation
  3. 3Income Support, Housing Benefit, Family Credit, Disability Working Allowance and Jobseeker’s Allowance: sums to be disregarded in the calculation of income other than earnings
  4. 4Income Support and Jobseeker’s Allowance: income treated as capital
  5. Signature
  6. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Income-Related Benefits and Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 18th August 1997.

(2)

In these Regulations—

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

  • F1...

  • “the Family Credit Regulations” means the Family Credit (General) Regulations (Northern Ireland) 1987f2;

  • “the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations (Northern Ireland) 1992f3;

  • “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f4.

(3)

The Interpretation Act (Northern Ireland) 1954f5 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

2Income Support, Housing Benefit, Family Credit, Disability Working Allowance and Jobseeker’s Allowance: interpretationI1

(1)

In each of the provisions specified in paragraph (2) there shall be inserted the following definition in the appropriate place—

  • “ “the Children Order” means the Children (Northern Ireland) Order 1995;”.

(2)

The provisions referred to in paragraph (1) are—

(a)

regulation 2(1) of the Income Support Regulations (interpretation);

F1(b)

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

(c)

regulation 2(1) of the Family Credit Regulations (interpretation);

(d)

regulation 2 of the Disability Working Allowance Regulations (interpretation);

(e)

regulation 1(2) of the Jobseeker’s Allowance Regulations (interpretation).

3Income Support, Housing Benefit, Family Credit, Disability Working Allowance and Jobseeker’s Allowance: sums to be disregarded in the calculation of income other than earningsI1

(1)

In each of the provisions specified in paragraph (2), for head (c) there shall be substituted the following heads—

“(c)

which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, the Children Order (contribution by an authority to child’s maintenance);

(d)

which is a payment made by a local authority, as defined in section 107 of the Children Act 1975f1, in pursuance of section 50 of the Children Act 1975 (contributions to a custodian towards the cost of the accommodation and maintenance of a child);

(e)

which is a payment made by a local authority, as defined in section 105 of the Children Act 1989f2, in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order),”.

(2)

The provisions referred to in paragraph (1) are—

(a)

paragraph 25(1)f3 of Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings);

F1(b)

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

(c)

paragraph 22(1)f4 of Schedule 2 to the Family Credit Regulations (sums to be disregarded in the calculation of income other than earnings);

(d)

paragraph 22(1) of Schedule 3 to the Disability Working Allowance Regulations (sums to be disregarded in the calculation of income other than earnings);

(e)

paragraph 26(1) of Schedule 6 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings).

(3)

In Schedule 3 to the Disability Working Allowance Regulations in paragraph 22(1) at the end of head (b) “or” shall be omitted.

4Income Support and Jobseeker’s Allowance: income treated as capitalI1

(1)

In each of the provisions specified in paragraph (2), for paragraph (8) there shall be substituted the following paragraph—

“(8)

Any payment made by an authority, as defined in Article 2 of the Children Order, which represents arrears of payments under Article 15 of, and paragraph 17 of Schedule 1 to, the Children Order (contribution by an authority to child’s maintenance) or any payment made by a local authority, as defined in section 107 of the Children Act 1975, which represents arrears of payments under section 50 of the Children Act 1975 (contributions to a custodian towards the cost of accommodation and maintenance of a child) or any payment made by a local authority, as defined in section 105 of the Children Act 1989, which represents arrears of payments under paragraph 15 of Schedule 1 to the Children Act 1989 (power of a local authority to make contributions to a person with whom a child lives as a result of a residence order) shall be treated as capital.”.

(2)

The provisions referred to in paragraph (1) are—

(a)

regulation 48 of the Income Support Regulations (income treated as capital);

(b)

regulation 110 of the Jobseeker’s Allowance Regulations (income treated as capital).

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

10th July 1997.

The Department of the Environment for Northern Ireland hereby consents to regulations 2(1) and (2)(b) and 3(1) and (2)(b) of the foregoing Regulations.

Sealed with the Official Seal of the Department of the Environment for Northern Ireland on

L.S.

Cynthia D. Doake

Assistant Secretary

11th July 1997.

Explanatory note

(This note is not part of the Regulations.)

These Regulations further amend the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Family Credit (General) Regulations (Northern Ireland) 1987, the Disability Working Allowance (General) Regulations (Northern Ireland) 1992 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 to provide for the partial disregard of contributions made by an authority to a child’s maintenance under Article 15 of, and paragraph 17 of Schedule 1 to, the Children (Northern Ireland) Order 1995 and, for income support and jobseeker’s allowance, provide for the treatment of arrears of such contributions as capital.