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The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007

S.R. 2007/196 · Made 23 March 2007 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 10 December 2012.

housing; rates; Social security

family Law

Child Support

Made 23rd March 2007

Coming into operation 2nd April 2007

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 28J(5) and 47 of, and paragraphs 8 and 9(d) of Schedule 1 to, the Child Support (Northern Ireland) Order 1991f1, sections 122(1)(a) and (d), 129(2), 132(3) and (4)(a) to (c), 132A(3) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f2, Articles 14(2) and (4)(a) to (c) and 36(2) of the Jobseekers (Northern Ireland) Order 1995f3, and now vested in itf4, and sections 15(6)(b) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002f5.

Regulations 7, 8 and 9 are made with the consent of the Department of Finance and Personnelf6.

The Social Security Advisory Committee has agreed that proposals in respect of regulations 7, 8 and 9 should not be referred to itf7.

Annotations to the whole text

Footnotes

f1

S.I. 1991/2628 (N.I. 23); Article 47 was amended by paragraph 31 of Schedule 6 to the Social Security (Northern Ireland Order ) 1998 (S.I. 1998/1506 (N.I. 10)) and is amended by section 1(2) of, and paragraph 27 of Schedule 3 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)); paragraphs 8 and 9 of Schedule 1 were amended by paragraph 32 of Schedule 6 to the Social Security (Northern Ireland) Order 1998

f2

1992 c. 7; section 132A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c.14 (N.I.)); section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21) and section 171(2) was amended by paragraph 28(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

f3

S.I. 1995/2705 (N.I. 15); Article 36(2) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999

f4

See Article 8(b) of S.R. 1999 No. 481

f5

2002 c. 14 (N.I.)

f6

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

f7

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

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Income Support (General) Regulations
  3. 3Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations Repealed
  4. 4Amendment of the Jobseeker’s Allowance Regulations
  5. 5Amendment of the Child Support (Voluntary Payments) Regulations
  6. 6Amendment of the State Pension Credit Regulations
  7. 7Amendment of the Housing Benefit Regulations
  8. 8Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
  9. 9Amendment of the Housing Benefit (Consequential Provisions) Regulations
  10. Signature
  11. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 and shall come into operation on 2nd April 2007.

(2)

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

2Amendment of the Income Support (General) RegulationsI1

(1)

The Income Support (General) Regulations (Northern Ireland) 1987f1 shall be amended in accordance with paragraphs (2) to (8).

(2)

In regulation 2(1) (interpretation) after the definition of “war widower’s pension”f2 insert—

  • ““water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006f3 in so far as such charges are in respect of the dwelling which a person occupies as his home;”.

(3)

In regulation 42(4)(a) (notional income) at the end of head (ii)f4 add “, or is used for any water charges for which that claimant or partner is liable”.

(4)

In regulation 51(3)(a) (notional capital) at the end of head (ii)f5 add “, or is used for any water charges for which that claimant or partner is liable”.

(5)

In regulation 66B(3)f6 (treatment of payments from access funds) for “shall be disregarded as income to the extent of £20 per week” substitute “and any payments from access funds which are used for any water charges for which that claimant or partner is liable shall be disregarded as income to the extent of £20 per week”.

(6)

In regulation 68(3)f7 (income treated as capital) for “shall be disregarded as capital but only for a period of 52 weeks from the date of the payment” substitute “or which is used for an item other than any water charges for which that claimant or partner is liable shall be disregarded as capital but only for a period of 52 weeks from the date of the payment”.

(7)

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 13f8 at the end of sub-paragraph (2) add “or any water charges for which the claimant or member is liable”;

(b)

in paragraph 22—

(i)

in sub-paragraph (2)(b)f9 after “rates” insert “or water charges”, and

(ii)

after sub-paragraph (2) insert—

“(2A)

The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.”; and

(c)

in paragraph 67f10 at the end of sub-paragraph (2) add “, or any water charges for which the claimant or member is liable”.

(8)

In Schedule 10 (capital to be disregarded) in paragraph 54f11 at the end of sub-paragraph (2) add “or any water charges for which the claimant or member is liable”.

3Amendment of the Child Support (Maintenance Assessments and Special Cases) RegulationsF1

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

4Amendment of the Jobseeker’s Allowance RegulationsI1

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 shall be amended in accordance with paragraphs (2) to (8).

(2)

In regulation 1(2) (interpretation) after the definition of “war widower’s pension”f2 insert—

  • ““water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home;”.

(3)

In regulation 105(10)(a) (notional income) at the end of head (ii)f3 add “, or is used for any water charges for which that claimant or partner is liable”.

(4)

In regulation 113(3)(a) (notional capital) at the end of head (ii)f4 add “, or is used for any water charges for which that claimant or partner is liable”.

(5)

In regulations 136A(3)f5 (treatment of payments from access funds) for “shall be disregarded as income to the extent of £20 per week” substitute “and any payments from access funds which are used for any water charges for which that claimant or partner is liable shall be disregarded as income to the extent of £20 per week”.

(6)

In regulation 138(3)f6 (income treated as capital) for “shall be disregarded as capital but only for a period of 52 weeks from the date of the payment” substitute “or which is used for an item other than any water charges for which that claimant or partner is liable shall be disregarded as capital but only for a period of 52 weeks from the date of the payment”.

(7)

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

(a)

in paragraph 14f7 at the end of sub-paragraph (2) add “or any water charges for which the claimant or member is liable”;

(b)

in paragraph 23—

(i)

in sub-paragraph (2)(b) after “rates” insert “or water charges”, and

(ii)

after sub-paragraph (2) insert—

“(2A)

The definition of “water charges” in regulation 1(2) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.”; and

(c)

in paragraph 65f8 at the end of sub-paragraph (2) add “or any water charges for which that claimant or member is liable”.

(8)

In Schedule 7 (capital to be disregarded) in paragraph 49f9 at the end of sub-paragraph (2) add “, or any water charges for which that claimant or member is liable”.

5Amendment of the Child Support (Voluntary Payments) RegulationsI1

(1)

The Child Support (Voluntary Payments) Regulations (Northern Ireland) 2001f1 shall be amended in accordance with paragraphs (2) and (3).

(2)

In regulation 1(2) (interpretation) after the definition of “relevant person” add—

  • ““water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home.”.

(3)

In regulation 3(b)(iv) (types of payment) after “mains supplied gas” insert “, water”.

6Amendment of the State Pension Credit RegulationsI1

(1)

The State Pension Credit Regulations (Northern Ireland) 2003f1 shall be amended in accordance with paragraphs (2) and (3).

(2)

In regulation 1(2) (interpretation) after the definition of “voluntary organisation” add—

  • ““water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home.”.

(3)

In Schedule 4 (amounts to be disregarded in the calculation of income other than earnings) in paragraph 11(2)(b) for “or rates” substitute “, rates or water charges”.

7Amendment of the Housing Benefit RegulationsI1

(1)

The Housing Benefit Regulations (Northern Ireland) 2006f1 are amended in accordance with paragraphs (2) to (10).

(2)

In regulation 2(1) (interpretation) after the definition of “war widower’s pension” insert—

  • ““water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home;”.

F1(3)

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

(4)

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

(5)

In regulation 39(6) (notional income) at the end of sub-paragraph (b) add “or is used for any water charges for which that claimant or member is liable”.

(6)

In regulation 46(3) (notional capital) at the end of sub-paragraph (b) add “or is used for any water charges for which that claimant or member is liable”.

(7)

In regulation 63(3) (treatment of payments from access funds) after “his family” insert “, and any payments from access funds which are used for any water charges for which that claimant or member is liable”.

(8)

In regulation 66(3) (amounts treated as capital) after “his family,” insert “or which is used for any water charges for which that claimant or member is liable,”.

(9)

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

(a)

in paragraph 13 at the end of sub-paragraph (2) add “, or is used for any water charges for which that claimant or member is liable”;

(b)

in paragraph 18—

(i)

in sub-paragraph (2)(b) after “rates” insert “or water charges”, and

(ii)

after sub-paragraph (3) add—

“(4)

The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.”; and

(c)

in paragraph 61 at the end of sub-paragraph (2) add “, or any water charges for which that claimant or member is liable”.

(10)

In Schedule 7 (capital to be disregarded) in paragraph 49 at the end of sub-paragraph (2) add “, or any water charges for which that claimant or member is liable”.

8Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) RegulationsI1

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006f1 are amended in accordance with paragraphs (2) to (5).

(2)

In regulation 2(1) (interpretation) after the definition of “war widower’s pension” insert—

  • ““water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home;”.

F1(3)

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

(4)

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

(5)

In Schedule 6 (amounts to be disregarded in the calculation of income other than earnings) in paragraph 13(2)(b) for “or rates” substitute “, rates or water charges”.

9Amendment of the Housing Benefit (Consequential Provisions) RegulationsI1

In Schedule 3 to the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006f1 (transitional and savings provisions) in paragraph 5(1) in regulation 13 (rent) as set out in that paragraph—

(a)

after paragraph (3)(a) insert—

“(ab)

except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (6A); ”; and

(b)

after paragraph (6) insert—

“(6A)

The amount of the deduction referred to in paragraph (3)(ab) shall be—

(a)

except in a case to which sub-paragraph (c) applies, if the dwelling occupied by the claimant is a self-contained unit, the amount of the charges;

(b)

in any other case except one to which sub-paragraph (c) applies, the proportion of those charges in respect of the self-contained unit which is obtained by dividing the area of the dwelling occupied by the claimant by the area of the self-contained unit of which it forms part;

(c)

where the charges vary in accordance with the amount of water actually used, the amount which the Executive considers to be fairly attributable to water, and sewerage services, having regard to the actual or estimated consumption of the claimant.”.

Signature

Sealed with the Official Seal of the Department for Social Development on 23rd March 2007

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulations 7, 8 and 9.

Sealed with the Official Seal of the Department of Finance and Personnel on 23rd March 2007

(L.S.)

Jack Layberry

A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

These Regulations amend:

  • the Income Support (General) Regulations (Northern Ireland) 1987;

  • the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992;

  • the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;

  • the Child Support (Voluntary Payments) Regulations (Northern Ireland) 2001;

  • the State Pension Credit Regulations (Northern Ireland) 2003;

  • the Housing Benefit Regulations (Northern Ireland) 2006;

  • the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006; and

  • the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006,

in consequence of the Water and Sewerage Services (Northern Ireland) Order 2006.

Regulations 2 to 8 insert a definition of “water charges”.

Regulations 2, 4 and 6 to 8 make amendments in relation to the calculation of income and capital.

Regulation 3 makes amendments to the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992 to clarify the amounts to be disregarded in the calculation of maintenance assessments.

Regulation 5 makes a consequential amendment to the Child Support (Voluntary Payments) Regulations (Northern Ireland) 2001 to add water charges to the list of voluntary payments made by the non-resident parent, which can be offset against child maintenance arrears, or in the adjustment of a maintenance calculation.

Regulations 7 to 9 make amendments in relation to the calculation of rent in housing benefit.

In so far as these Regulations are required, for the purposes of regulations 7, 8 and 9, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, 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, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.