OpenLegislation

The Employment and Support Allowance (Consequential Provisions No. 2) Regulations (Northern Ireland) 2008

S.R. 2008/412 · Made 6 October 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Security

Made 6th October 2008

Coming into operation 27th October 2008

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 25(2) and 28(2) of the Welfare Reform Act (Northern Ireland) 2007f1.

Annotations to the whole text

Footnotes

f1

2007 c. 2

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Legal Aid, Advice and Assistance Order
  3. 3Amendment of the Employment Rights Order
  4. 4Amendment of the Legal Aid (Assessment of Resources) Regulations
  5. 5Amendment of the Legal Advice and Assistance Regulations
  6. 6Amendment of the Adoption Allowance Regulations
  7. 7Amendment of the National Minimum Wage Regulations
  8. 8Amendment of the Education (Student Loans) (Repayment) Regulations
  9. 9Amendment of the Asylum Support Regulations
  10. 10Amendment of the Tax Credits (Income Thresholds and Determination of Rates) Regulations
  11. 11Amendment of the Child Benefit (General) Regulations
  12. 12Amendment of the Healthy Start Scheme and Day Care Food Scheme Regulations
  13. 13Amendment of the Gender Recognition (Application Fees) Order
  14. Signature
  15. Explanatory note

1Citation and commencement

These Regulations may be cited as the Employment and Support Allowance (Consequential Provisions No. 2) Regulations (Northern Ireland) 2008 and shall come into operation on 27th October 2008.

2Amendment of the Legal Aid, Advice and Assistance Order

(1)

The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981f1 is amended in accordance with paragraphs (2) to (4).

(2)

In Article 3(1)(b)f2 (persons eligible for advice and assistance) for the words from “or an income-based jobseeker’s allowance” to the end substitute “, an income-based jobseeker’s allowance (payable under the Jobseekers (Northern Ireland) Order 1995) or an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance).”.

(3)

In Article 7(2)f3 (contributions from persons receiving advice or assistance) for “or an income-based jobseeker’s allowance (payable under the Jobseekers (Northern Ireland) Order 1995)” substitute “, an income-based jobseeker’s allowance (payable under the Jobseekers (Northern Ireland) Order 1995) or an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance)”.

(4)

In Article 14(5)f4 (assessment of disposable capital and income and of maximum contribution) for the words from “or an income-based jobseeker’s allowance” to the end substitute “, an income-based jobseeker’s allowance (payable under the Jobseekers (Northern Ireland) Order 1995) or an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance).”.

3Amendment of the Employment Rights Order

In Article 122 of the Employment Rights (Northern Ireland) Order 1996f1 (short-term incapacity benefit and industrial injury benefit)—

(a)

in the heading after “short-term incapacity benefit” insert “, contributory employment and support allowance”; and

(b)

in paragraph (1)(b) after “short-term incapacity benefit” insert “, contributory employment and support allowance”.

4Amendment of the Legal Aid (Assessment of Resources) Regulations

(1)

The Legal Aid (Assessment of Resources) Regulations (Northern Ireland) 1981f1 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 1(2) (interpretation) after the definition of “income-based jobseeker’s allowance”f2 insert—

  • ““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);”.

(3)

In paragraph 5 of Schedule 1f3 (rules for computing disposable income) for “or of income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance” and for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”.

(4)

In paragraph 6A of Schedule 2f4 (rules for computing disposable capital) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”.

5Amendment of the Legal Advice and Assistance Regulations

(1)

The Legal Advice and Assistance Regulations (Northern Ireland) 1981f1 are amended in accordance with paragraphs (2) to (6).

(2)

In regulation 3 (interpretation) after the definition “income-based jobseeker’s allowance”f2 insert—

  • ““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);”

(3)

In regulation 5(2)(b)f3 (applications for advice and assistance) for “or income-based jobseeker’s allowance,” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”.

(4)

In regulation 6(2)(b)f4 (attendance on behalf of a client) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”.

(5)

In regulation 7(2)f5 (determination of disposable income and disposable capital and maximum contribution) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or income-related employment and support allowance”.

(6)

In paragraph (e) of Schedule 4f6 (exceptions to charge on property recovered or preserved) after “income-based jobseeker’s allowance,” insert “income-related employment and support allowance,”.

6Amendment of the Adoption Allowance Regulations

(1)

The Adoption Allowance Regulations (Northern Ireland) 1996f1 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 1(2) (interpretation) after the definition of “disability living allowance” insert—

  • ““employment and support allowance” means employment and support allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007;”.

(3)

In regulation 6(5)(c) (review, variation and termination of allowances) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”.

7Amendment of the National Minimum Wage Regulations

In regulation 12(11)(b)(i) of the National Minimum Wage Regulations 1999f1 (workers who do not qualify for the national minimum wage) after “Welfare Reform Act 2007” insert “or, as the case may be, Part 1 of the Welfare Reform Act (Northern Ireland) 2007”.

8Amendment of the Education (Student Loans) (Repayment) Regulations

In regulation 15(5) of the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2000f1 (time for and amount of repayments)—

(a)

omit “and” after sub-paragraph (g); and

(b)

after sub-paragraph (h) add—

“and

(i)

employment and support allowance payable under Part 1 of the Welfare Reform Act (Northern Ireland) 2007.”.

9Amendment of the Asylum Support Regulations

In regulation 4(6)(b) of the Asylum Support Regulations 2000f1 (persons excluded from support)—

(a)

omit “or” after paragraph (i); and

(b)

after paragraph (ii) add—

“or

(iii)

income-related employment and support allowance payable under Part 1 of the Welfare Reform Act (Northern Ireland) 2007.”.

10Amendment of the Tax Credits (Income Thresholds and Determination of Rates) Regulations

In regulation 4(e) of the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002f1 (social security benefits prescribed for the purposes of section 7(2) of the Act) after “Welfare Reform Act 2007” insert “or Part 1 of the Welfare Reform Act (Northern Ireland) 2007”.

11Amendment of the Child Benefit (General) Regulations

In regulation 8(2)(e) of the Child Benefit (General) Regulations 2006f1 (child benefit not payable in respect of qualifying young person: other financial support) after “Welfare Reform Act 2007” insert “or Part 1 of the Welfare Reform Act (Northern Ireland) 2007”.

12Amendment of the Healthy Start Scheme and Day Care Food Scheme Regulations

(1)

The Healthy Start Scheme and Day Care Food Scheme Regulations (Northern Ireland) 2006f1 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 3(1) (healthy start scheme interpretation) after the definition of “income-based job-seeker’s allowance” insert—

  • ““income-related employment and support allowance” means an income-related allowance payable under Part 1 of the Welfare Reform Act (Northern Ireland) 2007;”.

(3)

In regulation 4(3)(a) (entitlement to benefit) after head (iii) insert—

“or

(iv)

an income-related employment and support allowance;”.

(4)

In paragraph 4(1)(a) of Schedule 1 (application for benefit)—

(a)

omit “or” after sub-head (ii); and

(b)

at the end of sub-head (iii) for “and” substitute—

“or

(iv)

an income-related employment and support allowance; and”.

13Amendment of the Gender Recognition (Application Fees) Order

In Article 5(e) of the Gender Recognition (Application Fees) Order 2006f1 (definition of qualifying benefits) after “Welfare Reform Act 2007” insert “or Part 1 of the Welfare Reform Act (Northern Ireland) 2007”.

Signature

Sealed with the Official Seal of the Department for Social Development on 6th October 2008

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Regulations)

These Regulations make provisions consequential upon the introduction of employment and support allowance by inserting references to employment and support allowance where appropriate in—

  • the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981;

  • the Employment Rights (Northern Ireland) Order 1996;

  • the Legal Aid (Assessment of Resources) Regulations (Northern Ireland) 1981;

  • the Legal Advice and Assistance Regulations (Northern Ireland) 1981;

  • the Adoption Allowance Regulations (Northern Ireland) 1996;

  • the National Minimum Wage Regulations 1999;

  • the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2000;

  • the Asylum Support Regulations 2000;

  • the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002;

  • the Child Benefit (General) Regulations 2006;

  • the Healthy Start Scheme and Day Care Food Scheme Regulations (Northern Ireland) 2006; and

  • the Gender Recognition (Application Fees) Order 2006.

Sections 25(2) and 28(2) of the Welfare Reform Act (Northern Ireland) 2007, the enabling provisions under which these Regulations are made, were brought into operation for the purpose only of authorising the making of regulations on 1st July 2008, and for all other purposes on 27th July 2008, by virtue of the Welfare Reform (2007 Act) (Commencement No. 5) Order (Northern Ireland) 2008 (S.R. 2008 No. 276 (C. 14)).