The Social Security (Income-Related Benefits Self-Employment Route Amendment) Regulations (Northern Ireland) 2004
S.R. 2004/163 · Made 1 April 2004 · Extends to Northern Ireland
HOUSING; RATES; SOCIAL SECURITY
Made 1st April 2004
Coming into operation 4th May 2004
The Department for Social Development, in exercise of the powers conferred on it by sections 122(1)(a) and (d), 132(3) and (4)(b) and (c), 133(2)(d) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, Articles 14(1) to (3) and (4)(b) and paragraph 1(2)(b) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995f2, and now vested in itf3, and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnelf4, in so far as regulation 2 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
-
1992 c. 7; section 133(2)(d) was substituted by paragraph 18(3) of Schedule 2 to the Jobseeker’s (Northern Ireland) Order 1995 and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)
- f2
- f3
-
See Article 8(b) of S.R. 1999 No. 481
- 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)); see also Article 6(b) of S.R. 1999 No. 481
- f5
-
See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992
Contents
- 1Citation, commencement and interpretation
- 2Common amendments
- 3Other amendment of the Income Support (General) Regulations
- 4Other amendment of the Jobseeker’s Allowance Regulations
- Signature
- Explanatory note
1Citation, commencement and interpretationI1
These Regulations may be cited as the Social Security (Income-Related Benefits Self-Employment Route Amendment) Regulations (Northern Ireland) 2004 and shall come into operation on 4th May 2004.
The Interpretation Act (Northern Ireland) 1954f3 shall apply to these Regulations as it applies to an Act of the Assembly.
2Common amendmentsI1
F1In regulation 2(1) of each of the Housing Benefit (General) Regulations (Northern Ireland) 1987f1 and the Income Support Regulationsf2 and in regulation 1(2) of the Jobseeker’s Allowance Regulationsf3 (interpretation) for the definition of “self-employment route” there shall be substituted the following definition –
“
“self-employment route” means assistance in pursuing self-employed earner’s employment whilst participating in a programme provided or other arrangements made pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950f4(general functions of Ministry as to employment and training for employment);”.
3Other amendment of the Income Support (General) RegulationsI1
In the Income Support Regulations in regulation 6(1)f1 (persons not treated as engaged in remunerative work) after sub-paragraph (d) there shall be inserted the following sub-paragraph –
“(dd)he is receiving assistance under the self-employment route;”.
4Other amendment of the Jobseeker’s Allowance RegulationsI1
In the Jobseeker’s Allowance Regulations in regulation 53 (persons treated as not engaged in remunerative work) after paragraph (b) there shall be inserted the following paragraph –
“(bb)he is receiving assistance under the self-employment route;”.
Signature
Sealed with the Official Seal of the Department for Social Development on 1st April 2004.
L.S.
John O'Neill
A senior officer of the
Department for Social Development
The Department of Finance and Personnel hereby consents to regulation 2 of the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on 2nd April 2004.
L.S.
Ciaran Doran
A senior officer of the
Department of Finance and Personnel
Explanatory note
(This note is not part of the Regulations.)
These Regulations further amend the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Income Support (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the principal Regulations”).
Regulation 2 amends each of the principal Regulations so as to replace the existing definition of “self-employment route”. The amendment will allow the provisions in the principal Regulations which relate to the self-employment route to be extended to persons receiving assistance in pursuing self-employed earner’s employment whilst taking part in any programmes provided or arrangements made pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 (c. 50).
Regulations 3 and 4 amend the Income Support (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 to provide that persons receiving assistance under the self-employment route who do not fall within any of the existing exceptions shall not be treated as engaged in remunerative work.
In so far as these Regulations are required, for the purposes of regulation 2, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (“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 they 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 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.
These Regulations do not impose a charge on business.