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The Children (Leaving Care) (2002 Act) (Commencement No. 2 and Consequential Provisions) Order (Northern Ireland) 2005

S.R. 2005/319 · Made 29 June 2005 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 14 April 2008.

HOUSING; RATES; SOCIAL SECURITY

Made 29th June 2005

The Department for Social Development, in exercise of the powers conferred on it by section 9(3) and (4) of the Children (Leaving Care) Act (Northern Ireland) 2002f1 and of all other powers enabling it in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2002 c. 11

Contents

  1. 1Citation
  2. 2Appointed day
  3. 3Consequential amendments
  4. Signature
  5. Schedule 1: AMENDMENTS TO THE INCOME SUPPORT (GENERAL) REGULATIONS (NORTHERN IRELAND) 1987
  6. 1Paragraph 1
  7. 2Paragraph 2
  8. 3Paragraph 3 Repealed
  9. Schedule 2: AMENDMENTS TO THE HOUSING BENEFIT (GENERAL) REGULATIONS (NORTHERN IRELAND) 1987
  10. ...Paragraph ... Repealed
  11. Paragraph Repealed
  12. Schedule 3: AMENDMENTS TO THE JOBSEEKER'S ALLOWANCE REGULATIONS (NORTHERN IRELAND) 1996
  13. 1Paragraph 1
  14. 2Paragraph 2
  15. 3Paragraph 3 Repealed
  16. Explanatory note

1CitationI1

This Order may be cited as the Children (Leaving Care) (2002 Act) (Commencement No. 2 and Consequential Provisions) Order (Northern Ireland) 2005.

2Appointed dayI1

The day appointed for the coming into operation of section 6 (exclusion from benefits) of the Children (Leaving Care) Act (Northern Ireland) 2002 is –

(a)

30th June 2005 for the purpose only of making Regulations; and

(b)

1st September 2005 for all other purposes.

3Consequential amendmentsI1

(1)

The consequential amendments effected by this Order shall take effect as from 1st September 2005.

(2)

The Income Support (General) Regulations (Northern Ireland) 1987f1 shall be amended in accordance with Schedule 1.

F1(3)

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

(4)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f2 shall be amended in accordance with Schedule 3.

Signature

Sealed with the Official Seal of the Department for Social Development on 29th June 2005.

L.S.

John O'Neill

A senior officer of the

Department for Social Development

1I1

In regulation 4ZAf1 (prescribed categories of person) after paragraph (3) there shall be inserted the following paragraph –

“(3A)

Paragraph (1) does not apply to a person to whom section 6 of the Children (Leaving Care) Act (Northern Ireland) 2002 (exclusion from benefits) applies.”.

2I1

In regulation 14 (persons of a prescribed description) for paragraph 2f1 there shall be substituted the following paragraph –

“(2)

Paragraph (1) shall not apply to a person who is –

(a)

receiving advanced education within the meaning of regulation 12(2)f2 (relevant education);

(b)

entitled to income support or would, but for section 130(2) (provision against dual entitlement of members of family) of the Contributions and Benefits Act, be so entitled; or

(c)

a person to whom section 6 of the Children (Leaving Care) Act (Northern Ireland) 2002f3 (exclusion from benefits) applies.”.

3F1

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

...F1

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F1

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1I1

In regulation 57 (interpretation of Part IV) in paragraph (1), for the definition of “young person” there shall be substituted the following definition –

  • ““young person”f1 means a person –

    1. (a)

      who has reached the age of 16 but not the age of 18;

    2. (b)

      who does not satisfy the conditions in Article 4 of the Order or whose entitlement to a contribution-based jobseeker’s allowance has ceased as a result of Article 7(1); and

    3. (c)

      who is not a person to whom section 6 of the Children (Leaving Care) Act (Northern Ireland) 2002 (exclusion from benefits) applies.”.

2I1

In regulation 76(2)(c) (persons of a prescribed description), for “so entitled.” there shall be substituted –

  • “so entitled, or

    1. (d)

      a person to whom section 6 of the Children (Leaving Care) Act (Northern Ireland) 2002 (exclusion from benefits) applies.”.

3F1

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

Explanatory note

(This note is not part of the Order.)

This Order provides that section 6 (exclusion from benefits) of the Children (Leaving Care) Act (Northern Ireland) 2002 shall come into operation on 30th June 2005 for the purpose of making Regulations and on 1st September 2005 for all other purposes.

Article 3 and Schedules 1 to 3 make consequential amendments to the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996. Those amendments take effect from 1st September 2005.

The consequential amendment Regulations in Schedules 1 to 3 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 Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

This Order does not impose a charge on business.