OpenLegislation

The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 1998

S.R. 1998/182 · Made 13 May 1998 · Extends to Northern Ireland

Not fully up to date. 9 changes made by later legislation have not yet been written into this text, which is revised to 1 June 1998.

See the changes not yet applied
ProvisionChangeMade by
reg. 6(3)revokedSocial Security (1998 Order) (Commencement No. 11) 1999 art. 23 Sch. 2
reg. 6revokedSocial Security and Child Support 2000 Sch. 2
reg. 5(4)(b)revokedHousing Benefit (Consequential Provisions) 2006 Sch. 1
reg. 5(12)(b)revokedHousing Benefit (Consequential Provisions) 2006 Sch. 1
reg. 5(6)(a)revokedHousing Benefit (Consequential Provisions) 2006 Sch. 1
reg. 5(8)(b)revokedHousing Benefit (Consequential Provisions) 2006 Sch. 1
reg. 1(2)words revokedHousing Benefit (Consequential Provisions) 2006 Sch. 1
reg. 5(10)(b)revokedHousing Benefit (Consequential Provisions) 2006 Sch. 1
reg. 5(2)(a)revokedHousing Benefit (Consequential Provisions) 2006 Sch. 1

HOUSING; RATES; SOCIAL SECURITY

Made 13th May 1998

Coming into operation 1st June 1998

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by Articles 14(1), (2) and (4)(b) and (d), 21(10)(c) and 36(1) and (2) of, and paragraphs 4 and 10 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995f1, sections 122(1), 131(1), 132(3) and (4)(b), and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f2 and sections 5(1)(j), 165(1) and (4) of the Social Security Administration (Northern Ireland) Act 1992f3, and of all other powers enabling it in that behalf, with the consent of the Department of the Environment for Northern Irelandf4 in so far as regulation 5(1), (2)(a), (3), (4)(b), (5), (6)(a), (7), (8)(b), (9), (10)(b), (11) and (12)(b) is concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of that Regulation should not be referred to itf5, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

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

f2

1992 c. 7

f3

1992 c. 8

f4

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))

f5

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

Contents

  1. 1Citation, commencement and interpretation
  2. 2Revocation
  3. 3Amendment of the Income Support Regulations
  4. 4Amendment of the Jobseeker’s Allowance Regulations
  5. 5Common amendments
  6. 6Consequential amendments
  7. Signature
  8. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 1998 and shall come into operation on 1st June 1998.

(2)

In these Regulations—

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

  • “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987f2;

  • “the Family Credit Regulations” means the Family Credit (General) Regulations (Northern Ireland) 1987f3;

  • “the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations (Northern Ireland) 1992f4;

  • “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f5.

(3)

The Interpretation Act (Northern Ireland) 1954f6 shall apply to these Regulations as it applies to a Measure of the Assembly.

2RevocationI1

The Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1998f1 (which increase the number of waiting days for a jobseeker’s allowance from 3 to 7) are hereby revoked.

3Amendment of the Income Support RegulationsI1

(1)

The Income Support Regulations shall be amended in accordance with paragraphs (2) to (5).

(2)

After regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage) there shall be inserted the following regulation—

“Income of participants in the self-employment route of the Employment Option of the New Deal

23A

Chapters II, III, IV, V, VII and VIIAf1 of this Part and regulations 62 to 66Af2, 68 and 69 shall not apply to any income which is to be calculated in accordance with Chapter IVA of this Part (participants in the self-employment route of the Employment Option of the New Deal).”.

(3)

After regulation 39 (deduction of tax and contributions for self-employed earners) there shall be inserted the following Chapter—

“CHAPTER IVA

Participants in the Self-Employment route of the Employment Option of the New Deal

Interpretation

39A

In this Chapter—

  • “self-employment route” means that part of the Employment Option of the New Deal which is specified in regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f3;

  • “special account” means, where a person was carrying on a commercial activity in respect of which assistance is received under the self-employment route, the account into which the gross receipts from that activity were payable during the period in respect of which such assistance was received.

Treatment of gross receipts of participants in the self-employment route of the Employment Option of the New Deal

39B

The gross receipts of a commercial activity carried on by a person in respect of which assistance is received under the self-employment route, shall be taken into account in accordance with the following provisions of this Chapter.

Calculation of income of participants in the self-employment route of the Employment Option of the New Deal

39C
(1)

The income of a person who has received assistance under the self-employment route shall be calculated by taking into account the whole of the monies in the special account at the end of the last day upon which such assistance was received and deducting from those monies—

(a)

an amount in respect of income tax calculated in accordance with regulation 39D (deduction in respect of tax for participants in the self-employment route of the Employment Option of the New Deal); and

(b)

any sum to which paragraph (4) refers.

(2)

Income calculated pursuant to paragraph (1) shall be apportioned equally over a period which starts on, and includes, the date the income is treated as paid under paragraph (3) and is equal in length to the period beginning with, and including, the day upon which assistance was first received under the self-employment route and ending on the last day upon which such assistance was received.

(3)

Income calculated pursuant to paragraph (1) shall be treated as paid—

(a)

in the case where it is due to be paid before the first benefit week in respect of which the participant or his partner first claims income support following the last day upon which assistance was received under the self-employment route, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;

(b)

in any other case, on the first day of the benefit week in which it is due to be paid.

(4)

This paragraph refers, where applicable in each benefit week in respect of which income calculated pursuant to paragraph (1) is taken into account pursuant to paragraphs (2) and (3), to the sums which would have been disregarded under paragraphs 4 to 6B and 9 of Schedule 8f4 (sums to be disregarded in the calculation of earnings) had the income been earnings.

Deduction in respect of tax for participants in the self-employment route of the Employment Option of the New Deal

39D
(1)

The amount to be deducted in respect of income tax under regulation 39C(1)(a) (calculation of income of participants in the self-employment route of the Employment Option of the New Deal) in respect of the period determined under regulation 39C(2) shall be calculated as if—

(a)

the chargeable income is the only income chargeable to tax;

(b)

the personal reliefs which are applicable to the person receiving assistance under the self-employment route by virtue of sections 257(1), 257A(1) and 259 of the Income and Corporation Taxes Act 1988f5 (personal reliefs) are allowable against that income; and

(c)

the rate at which the chargeable income less the personal relief is assessable to income tax is the lower rate of tax or, as the case may be, the lower rate and the basic rate of tax.

(2)

For the purpose of paragraph (1), the lower rate of tax to be applied and the amount of the personal relief deductible shall, where the period determined under regulation 39C(2) is less than a year, be calculated on a pro rata basis.

(3)

In this regulation, “chargeable income” means the monies in the special account at the end of the last day upon which assistance was received under the self-employment route.”.

(4)

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), after paragraph 62f6 there shall be added the following paragraph—

“63
(1)

Subject to sub-paragraph (2), in the case of a person who is receiving, or who has received, assistance under an employment programme specified in regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (self-employment route of the Employment Option of the New Deal), any payment to the person—

(a)

to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity:

(b)

which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,

in respect of which such assistance is or was received.

(2)

Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part V”.

(5)

In Schedule 3 in paragraph 14(1)(ee)f7 (linking rule) for “the Jobseeker’s Allowance (Northern Ireland) Regulations 1996” there shall be substituted “the Jobseeker’s Allowance Regulations (Northern Ireland) 1996”.

4Amendment of the Jobseeker’s Allowance RegulationsI1

(1)

The Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) to (6).

(2)

In regulation 75(1)(a)f1 of the Jobseeker’s Allowance Regulations (interpretation) for head (i) there shall be substituted the following head—

“(i)

the Employment Option of the New Deal, being a programme which lasts for any individual for up to 26 weeks and which includes for that individual—

(aa)

employed earner’s employment, training and support, or

(bb)

assistance in pursuing self-employed earner’s employment;”.

(3)

After regulation 88 (calculation of income and capital of members of claimant’s family and of a polygamous marriage) there shall be inserted the following regulation—

“Income of participants in the self-employment route of the Employment Option of the New Deal

88A

Chapters II, III, IV, V, VII and VIII of this Part and regulations 131 to 136, 138 and 139 shall not apply to any income which is to be calculated in accordance with Chapter IVA of this Part (participants in the self-employment route of the Employment Option of the New Deal).”.

(4)

After regulation 102 (deduction of tax and contributions for self-employed earners) there shall be inserted the following Chapter—

“CHAPTER IVA

Participants in the Self-Employment Route of the Employment Option of the New Deal

Interpretation

102A

In this Chapter—

  • “self-employment route” means that part of the Employment Option of the New Deal which is specified in regulation 75(1)(a)(i)(bb)f2;

  • “special account” means, where a person was carrying on a commercial activity in respect of which assistance was received under the self-employment route, the account into which the gross receipts from that activity were payable during the period in respect of which such assistance was received.

Treatment of gross receipts of participants in the self-employment route of the Employment Option of the New Deal

102B

The gross receipts of a commercial activity carried on by a person in respect of which assistance is received under the self-employment route, shall be taken into account in accordance with the following provisions of this Chapter.

Calculation of income of participants in the self-employment route of the Employment Option of the New Deal

102C
(1)

The income of a person who has received assistance under the self-employment route shall be calculated by taking into account the whole of the monies in the special account at the end of the last day upon which such assistance was received and deducting from those monies—

(a)

an amount in respect of income tax calculated in accordance with regulation 102D (deduction in respect of tax for participants in the self-employment route of the Employment Option of the New Deal), and

(b)

any sum to which paragraph (4) refers.

(2)

Income calculated pursuant to paragraph (1) shall be apportioned equally over a period which starts on, and includes, the date the income is treated as paid under paragraph (3) and is equal in length to the period beginning with, and including, the day upon which assistance was first received under the self-employment route and ending on the last day upon which such assistance was received.

(3)

Income calculated pursuant to paragraph (1) shall be treated as paid—

(a)

in the case where it is due to be paid before the first benefit week in respect of which the participant or his partner first claims a jobseeker’s allowance following the last day upon which assistance was received under the self-employment route, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;

(b)

in any other case, on the first day of the benefit week in which it is due to be paid.

(4)

This paragraph refers, where applicable in each benefit week in respect of which income calculated pursuant to paragraph (1) is taken into account pursuant to paragraphs (2) and (3), to the sums which would have been disregarded under paragraphs 5 to 8, 11 and 12 of Schedule 5f3 (sums to be disregarded in the calculation of earnings) had the income been earnings.

Deduction in respect of tax for participants in the self-employment route of the Employment Option of the New Deal

102D
(1)

The amount to be deducted in respect of income tax under regulation 102C(1)(a) (calculation of income of participants in the self-employment route of the Employment Option of the New Deal) in respect of the period determined under regulation 102C(2) shall be calculated as if—

(a)

the chargeable income is the only income chargeable to tax;

(b)

the personal reliefs which are applicable to the person receiving assistance under the self-employment route by virtue of sections 257(1), 257A(1) and 259 of the Income and Corporation Taxes Act 1988 (personal reliefs) are allowable against that income; and

(c)

the rate at which the chargeable income less the personal relief is assessable to income tax is the lower rate of tax or, as the case may be, the lower rate and the basic rate of tax.

(2)

For the purpose of paragraph (1), the lower rate of tax to be applied and the amount of the personal relief deductible shall, where the period determined under regulation 102C(2) is less than a year, be calculated on a pro rata basis.

(3)

In this regulation, “chargeable income” means the monies in the special account at the end of the last day upon which assistance was received under the self-employment route.”.

(5)

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a)

for paragraph 58f4, there shall be substituted the following paragraph—

“58

Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950f5 in respect of that person’s participation in an employment programme specified in—

(a)

regulation 75(1)(a)(i)(bb) (self-employment route of the Employment Option of the New Deal);

(b)

regulation 75(1)(a)(ii) (Voluntary Sector Option of the New Deal), or

(c)

regulation 75(1)(a)(iii) (Environmental Task Force Option of the New Deal).”;

(b)

after paragraph 60f6 there shall be added the following paragraph—

“61
(1)

Subject to sub-paragraph (2), in the case of a person who is receiving, or who has received, assistance under an employment programme as specified in regulation 75(1)(a)(i)(bb) (self-employment route of the Employment Option of the New Deal), any payment to that person —

(a)

to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;

(b)

which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,

in respect of which such assistance is or was received.

(2)

Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part VIII.”.

(6)

In Schedule 7 (capital to be disregarded)—

(a)

in paragraph 11 after sub-paragraph (2) there shall be added the following sub-paragraphs—

“(3)

In the case of a person who is receiving assistance under an employment programme specified in regulation 75(1)(a)(i)(bb) (self-employment route of the Employment Option of the New Deal), the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.

(4)

In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.”;

(b)

for paragraph 43f7 there shall be substituted the following paragraph—

“43

Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in an employment programme specified in—

(a)

regulation 75(1)(a)(i)(bb) (self-employment route of the Employment Option of the New Deal);

(b)

regulation 75(1)(a)(ii) (Voluntary Sector Option of the New Deal), or

(c)

regulation 75(1)(a)(iii) (Environmental Task Force Option of the New Deal),

but only for a period of 52 weeks from the date of receipt of the payment.”;

(c)

after paragraph 44f8 there shall be added the following paragraph—

“45

In the case of a person who is receiving, or who has received, assistance under an employment programme specified in regulation 75(1)(a)(i)(bb) (self-employment route of the Employment Option of the New Deal), any sum of capital which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired.”.

5Common amendmentsI1

(1)

At the end of each of the regulations specified in paragraph (2) (which relate to income to be treated as capital) there shall be added the following paragraph—

“(7)

There shall be treated as capital the gross receipts of any commercial activity carried on by a person in respect of which assistance is received under an employment programme specified in regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (self-employment route of the Employment Option of the New Deal), but only in so far as those receipts were payable into a special account (as defined for the purposes of Chapter IVA of Part VIII of those Regulations) during the period in which that person was receiving such assistance.”.

(2)

The regulations for the purposes of paragraph (1) are—

(a)

regulation 40 of the Housing Benefit Regulations;

(b)

regulation 31 of the Family Credit Regulations;

(c)

regulation 34 of the Disability Working Allowance Regulations.

(3)

For each of the numbered paragraphs of the Schedules specified in paragraph (4) (which relate to sums to be disregarded in the calculation of income other than earnings), there shall be substituted the following paragraph—

  • “Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in an employment programme specified in—

    1. (a)

      regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (self-employment route of the Employment Option of the New Deal);

    2. (b)

      regulation 75(1)(a)(ii) of those Regulations (Voluntary Sector Option of the New Deal), or

    3. (c)

      regulation 75(1)(a)(iii) of those Regulations (Environmental Task Force Option of the New Deal).”.

(4)

The respective paragraph numbers and Schedules for the purposes of paragraph (3) are—

(a)

paragraph 60 of Schedule 9 to the Income Support Regulationsf1;

(b)

paragraph 66 of Schedule 4 to the Housing Benefit Regulationsf2;

(c)

paragraph 58 of Schedule 2 to the Family Credit Regulationsf3;

(d)

paragraph 56 of Schedule 3 to the Disability Working Allowance Regulationsf4.

(5)

At the end of each of the Schedules specified in paragraph (6) (which relate to sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph bearing the specified respective paragraph number—

“—

(1)

Subject to sub-paragraph (2), in respect of a person who is receiving, or who has received, assistance under an employment programme specified in regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (self-employment route of the Employment Option of the New Deal), any payment to that person—

(a)

to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;

(b)

which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,

in respect of which such assistance is or was received.

(2)

Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f5.”.

(6)

The respective paragraph numbers and Schedules for the purposes of paragraph (5) are—

(a)

paragraph 68 of Schedule 4 to the Housing Benefit Regulationsf6;

(b)

paragraph 60 of Schedule 2 to the Family Credit Regulationsf7;

(c)

paragraph 58 of Schedule 3 to the Disability Working Allowance Regulationsf8.

(7)

At the end of each of the numbered paragraphs of the Schedules specified in paragraph (8) (which relate to sums to be disregarded in the calculation of capital), there shall be added the following sub-paragraphs—

“(3)

In the case of a person who is receiving assistance under an employment programme specified in regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (self-employment route of the Employment Option of the New Deal), the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.

(4)

In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.”.

(8)

The respective paragraph numbers and Schedules for the purposes of paragraph (7) are—

(a)

paragraph 6 of Schedule 10 to the Income Support Regulationsf9;

(b)

paragraph 7 of Schedule 5 to the Housing Benefit Regulationsf10;

(c)

paragraph 6 of Schedule 3 to the Family Credit Regulationsf11;

(d)

paragraph 6 of Schedule 4 to the Disability Working Allowance Regulations.

(9)

For the numbered paragraph of each of the Schedules specified in paragraph (10) (which relate to sums to be disregarded in the calculation of capital), there shall be substituted the following paragraph—

  • “Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in an employment programme specified in—

    1. (a)

      regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (self-employment route of the Employment Option of the New Deal),

    2. (b)

      regulation 75(1)(a)(ii) of those Regulations (Voluntary Sector Option of the New Deal); or

    3. (c)

      regulation 75(1)(a)(iii) of those Regulations (Environmental Task Force Option of the New Deal),

    but only for a period of 52 weeks from the date of receipt of the payment.”.

(10)

The respective paragraph numbers and Schedules for the purposes of paragraph (9) are—

(a)

paragraph 48 of Schedule 10 to the Income Support Regulationsf12;

(b)

paragraph 51 of Schedule 5 to the Housing Benefit Regulationsf13;

(c)

paragraph 50 of Schedule 3 to the Family Credit Regulationsf14;

(d)

paragraph 49 of Schedule 4 to the Disability Working Allowance Regulationsf15.

(11)

At the end of each of the Schedules specified in paragraph (12) (which relate to sums to be disregarded in the calculation of capital) there shall be added the following paragraph bearing the specified respective paragraph number—

  • “In the case of a person who is receiving, or has received, assistance under an employment programme specified in regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (self-employment route of the Employment Option of the New Deal), any sum of capital which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired.”.

(12)

The respective paragraph numbers and Schedules for the purposes of paragraph (11) are—

(a)

paragraph 50 of Schedule 10 to the Income Support Regulationsf16;

(b)

paragraph 53 of Schedule 5 to the Housing Benefit Regulationsf17;

(c)

paragraph 52 of Schedule 3 to the Family Credit Regulationsf18;

(d)

paragraph 51 of Schedule 4 to the Disability Working Allowance Regulationsf19.

6Consequential amendmentsI1

(1)

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

(2)

In regulation 26A(7)f2 (effect of changes of circumstances in jobseeker’s allowance cases), after “regulation 96” there shall be inserted “or 102C(3)”.

(3)

In Schedule 7 in paragraph 7(4)f3 (effect of changes of circumstances in income support cases), after “or (2)” there shall be inserted “or 39C(3)”.

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

13th May 1998.

The Department of the Environment for Northern Ireland hereby consents to regulation 5(1), (2)(a), (3), (4)(b), (5), (6)(a), (7), (8)(b), (9), (10)(b), (11) and (12)(b) of the foregoing Regulations.

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

L.S.

J. Ritchie

Assistant Secretary

13th May 1998.

Explanatory note

(This note is not part of the Regulations.)

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

They also revoke the Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1998 which increased the number of waiting days before which a person may be entitled to a jobseeker’s allowance from 3 to 7 (regulation 2).

In particular, these Regulations prescribe that part of the Employment Option of the New Deal (as prescribed in regulation 8 of the Social Security (Amendment) (New Deal) Regulations (Northern Ireland) 1997 shall consist of assistance in pursuing self-employed earner’s employment (“the self-employment route”) (regulation 4(2)). By so doing, the regulations provide that the self-employment route is an employment programme for the purposes of Article 21 of the Jobseekers (Northern Ireland) Order 1995 and that if a person, without good cause, refuses or fails to participate in the self-employment route, or loses his place on the self-employment route due to misconduct, he will receive a sanction under Article 21 of that Act.

The Regulations also make various amendments to the rules on the treatment of income and capital in the benefits referred to above which are consequential on the introduction of the self-employment route—

(a)

they provide that income paid to a participant in respect of the period when he is receiving assistance under the self-employment route and which derives directly from the receipt of such assistance shall, for the purposes of jobseeker’s allowance and income support, be subject to special rules as to its calculation and the date it is taken into account and treated as paid (regulations 3(2) and (3) and 4(3) and (4)) and that such income, for the purposes of disability working allowance, family credit and housing benefit, shall be treated as capital (regulation 5(1) and (2));

(b)

they provide that mandatory payments made to participants in the self-employment route shall be disregarded both as income (regulations 4(5)(a) and 5(3) and (4)) and as capital (regulations 4(6)(b) and 5(9) and (10));

(c)

they provide that payments in respect of expenses incurred in receiving assistance under the self-employment route and amounts used or intended to be used to maintain repayments on loans taken out to help establish or carry on the activity to be assisted under the self-employment route shall be disregarded as income (regulations 3(4), 4(5)(b) and 5(5) and (6));

(d)

they provide that business assets of persons receiving assistance under the self-employment route shall, in certain circumstances, be disregarded as capital (regulations 4(6)(a) and 5(7) and (8));

(e)

they provide that capital intended for purchasing business assets for use whilst receiving assistance under the self-employment route shall be disregarded (regulations 4(6)(c) and 5(11) and (12)).

Regulation 3(5) amends a reference to the Jobseeker’s Allowance Regulations contained in Schedule 3 to the Income Support Regulations.

Regulation 6 makes a consequential amendment to the Claims and Payments Regulations relating to the date on which relevant changes of circumstances are to have effect for the purposes of persons entitled to a jobseeker’s allowance or to income support.

In so far as these Regulations are required, for the purposes of regulation 5(1), (2)(a), (3), (4)(b), (5), (6)(a), (7), (8)(b), (9), (10)(b), (11) and (12)(b) to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise the Regulations make 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 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.