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The Social Security and Child Support (Tax Credits Consequential Amendments) Regulations (Northern Ireland) 1999

S.R. 1999/385 · Made 15 September 1999 · Extends to Northern Ireland

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 10 December 2012.

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ProvisionChangeMade by
Sch. 2 Part 1 2words revokedSocial Fund Maternity and Funeral Expenses (General) 2005 reg. 3 Sch.

HOUSING; RATES; SOCIAL SECURITY

FAMILY LAW

CHILD SUPPORT

Made 15th September 1999

Coming into operation 5th October 1999

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by the provisions set out in Schedule 1 and of all other powers enabling it in that behalf, by this statutory rule, which contains only regulations consequential upon the Tax Credits Act 1999f1 and which is made before the end of a period of six months from the commencement of those provisions, with the consent of the Department of the Environment for Northern Irelandf2 in so far as regulations 2 and 3 are concerned, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1999 c. 10

f2

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))

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments consequential on the renaming of family credit as working families' tax credit and of disability working allowance as disabled person’s tax credit
  3. 3Amendment of the Housing Benefit (General) Regulations Repealed
  4. 4Amendment of Schedule 8 to the Social Security (Claims and Payments) Regulations
  5. 5Amendment of regulation 2 of the Social Fund (Recovery by Deductions from Benefits) Regulations
  6. 6Amendment of regulation 1 of the Child Support (Maintenance Assessment Procedure) Regulations Repealed
  7. 7Revocation and Saving of the Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) Regulations
  8. Signature
  9. Schedule 1Provisions conferring powers exercised in making these Regulations
  10. Schedule 2
  11. IProvisions in which the words “family credit” are substituted by “working families' tax credit”
  12. Schedule 2
  13. IIProvisions in which the words “disability working allowance” are substituted by “disabled person’s tax credit”
  14. Schedule 2
  15. IIIProvisions in which the definitions of “working families' tax credit” and “disabled person’s tax credit” are substituted or inserted
  16. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security and Child Support (Tax Credits Consequential Amendments) Regulations (Northern Ireland) 1999 and shall come into operation on 5th October 1999.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to a Measure of the Assembly.

2Amendments consequential on the renaming of family credit as working families' tax credit and of disability working allowance as disabled person’s tax creditI1

(1)

Subject to paragraph (3), in the provisions mentioned in Part I of Schedule 2, for the words “family credit” wherever they occur, except where they appear in a reference to the title of the Family Credit (General) Regulations (Northern Ireland) 1987f1, there shall be substituted “working families' tax credit”.

(2)

Subject to paragraph (3), in the provisions mentioned in Part II of Schedule 2, for the words “disability working allowance” wherever they occur, except where they appear in a reference to the title of the Disability Working Allowance (General) Regulations (Northern Ireland) 1992f2, there shall be substituted “disabled person’s tax credit”.

(3)

In the provisions mentioned in Part III of Schedule 2—

(a)

for the definition of “disability working allowance” there shall be substituted the following definition—

  • ““disabled person’s tax credit” means a disabled person’s tax credit under section 128 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f3;”;

(b)

the following definition shall be inserted in the appropriate place—

  • ““working families' tax credit” means a working families' tax credit under section 127f4 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;”.

3Amendment of the Housing Benefit (General) RegulationsF1

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

4Amendment of Schedule 8 to the Social Security (Claims and Payments) RegulationsI1C1

In paragraph 2(b) of Schedule 8 to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987f1 (election to have child benefit paid weekly) for “family credit or disability working allowance” there shall be substituted “or payment in accordance with an award of family credit or disability working allowance which was awarded with effect from a date falling before 5th October 1999”.

5Amendment of regulation 2 of the Social Fund (Recovery by Deductions from Benefits) RegulationsI1

In regulation 2 of the Social Fund (Recovery by Deductions from Benefits) Regulations (Northern Ireland) 1988f1 (benefits from which an award may be recovered)—

(a)

for paragraph (b) there shall be substituted the following paragraph—

“(b)

family credit awarded with effect from a date falling before 5th October 1999;”;

(b)

for paragraph (ba)f2 there shall be substituted the following paragraph—

“(ba)

disability working allowance awarded with effect from a date falling before 5th October 1999;”.

6Amendment of regulation 1 of the Child Support (Maintenance Assessment Procedure) RegulationsF1

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

7Revocation and Saving of the Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) RegulationsI1

The Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) Regulations (Northern Ireland) 1995f1 are revoked except that they shall continue to have effect in the case of an award of family credit or disability working allowance awarded with effect from a date falling before 5th October 1999.

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

15th September 1999.

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

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

L.S.

R. E. Aiken

Assistant Secretary

15th September 1999.

Schedule 1Provisions conferring powers exercised in making these RegulationsI1

Column 1Column 2
The Child Support (Northern Ireland) Order 1991f1Article 2
Article 28E(5)
Article 39
Article 40
Article 47
Article 48
paragraphs 5 and 7 of Schedule 1
Schedule 4B
The Social Security Administration (Northern Ireland) Act 1992f2section 5(1)
section 74(2)
section 165(1), (4) and (5)
The Social Security Contributions and Benefits (Northern Ireland) Act 1992section 22(5)f3
section 45Af4
section 122(1)(a) and (d)
section 131(1)
section 132(3) and (4)
section 134
section 141(1)
section 171(1), (3) and (4)
The Jobseeker’s (Northern Ireland) Order 1995f5Article 6(5)
Article 14(4)(a)
Article 28(4)(j)
Article 36
The Child Support (Northern Ireland) Order 1995f6Article 4
Article 17
Article 19(1)

IProvisions in which the words “family credit” are substituted by “working families' tax credit”I1

Column 1Column 2
The Social Security (Credits) Regulations (Northern Ireland) 1975f1regulation 7Cf2 and the heading which precedes it
The Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987f3regulation 4(1)(a)f4
regulation 5(b)f5
regulation 6(1)(a)f6
The Income Support (General) Regulations (Northern Ireland) 1987f7regulation 42(2)(e)f8
F1. . .. . .
Schedule 4, paragraph 61f9
F2. . .. . .
...f10,
. . .
The Social Security (Effect of Family Credit on Earnings Factors) Regulations (Northern Ireland) 1995f11regulation 2
The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f12regulation 105(2)(d)
. . .. . .
The Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 1996f13regulation 21(b)
The Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996f14regulation 14(b)

IIProvisions in which the words “disability working allowance” are substituted by “disabled person’s tax credit”I1

Column 1Column 2
The Social Security (Credits) Regulations (Northern Ireland) 1975regulations 7Bf1 and the heading which precedes it
regulation 9(c)(i)f2
The Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987regulation 4(1)(a)
regulation 5(b)
regulation 6(1)(a)
The Income Support (General) Regulations (Northern Ireland) 1987regulation 42(2)(f)f3
Schedule 2, paragraph 12(1)(a)(i)f4
F1. . .. . .
. . .
. . .
F2. . .. . .
. . .
. . .
The Social Security (Effect of Family Credit on Earnings Factors) Regulations (Northern Ireland) 1995regulation 2
The Jobseeker’s Allowance Regulations (Northern Ireland) 1996regulation 105(2)(d)
Schedule 1, paragraph 14(1)(a)
. . .. . .
The Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 1996regulation 21(c)
The Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996regulation 14(a)

IIIProvisions in which the definitions of “working families' tax credit” and “disabled person’s tax credit” are substituted or insertedI1

Column 1Column 2
The Social Security (Credits) Regulations (Northern Ireland) 1975regulations 2(1)f1
The Income Support (General) Regulations (Northern Ireland) 1987regulation 2(1)f2
F1. . .. . .
F2. . .. . .
The Jobseeker’s Allowance Regulations (Northern Ireland) 1996regulation 1(2)

Explanatory note

(This note is not part of the Regulations.)

These Regulations are made in consequence of provisions in the Tax Credits Act 1999 (“the Act”) which transfer functions relating to family credit and disability working allowance from the Department of Health and Social Services for Northern Ireland to the Treasury and the Inland Revenue on 5th October 1999. The Act also makes provision for the renaming of family credit and disability working allowance as working families' tax credit and disabled person’s tax credit respectively from 5th October 1999.

Regulation 1 provides for citation, commencement and interpretation.

Regulations 2 to 6 make amendments consequential on the renaming of family credit as working families' tax credit and of disability working allowance as disabled person’s tax credit and provide for transitional arrangements consequential on the transfer.

Regulation 7 provides for the revocation of the Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) Regulations (Northern Ireland) 1995 with a saving for awards of family credit and disability working allowance made before the transfer.

Since these Regulations are made before the end of a period of 6 months from the commencement of the relevant provisions in the Act, they are accordingly exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992, from reference to the Social Security Advisory Committee.