OpenLegislation

The Social Security (Child Benefit Disregard) Regulations (Northern Ireland) 2008

S.R. 2008/497 · Made 11 December 2008 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2009.

Housing; Rates; Social Security

Made 11th December 2008

Coming into operation 5th January 2009

The Department for Social Development makes the following Regulations in exercise of powers conferred by sections 122(1)(a) and (d), 132(3) and (4)(b) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, and Articles 14(1), (4)(b) and 36(2) of the Jobseekers (Northern Ireland) Order 1995f2, and now vested in itf3.

Regulation 4 is made with the consent of the Department of Finance and Personnelf4.

The Social Security Advisory Committeef5 has agreed that the proposals in respect of these Regulations should not be referred to it.

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

f2

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 (S.I. 1999/671)

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

  1. 1Citation, commencement, effect and interpretation
  2. 2Amendment of the Income Support (General) Regulations Repealed
  3. 3Amendment of the Jobseeker’s Allowance Regulations Repealed
  4. 4Amendment of the Housing Benefit Regulations Repealed
  5. Signature
  6. Explanatory note

1Citation, commencement, effect and interpretationI1

(1)

These Regulations may be cited as the Social Security (Child Benefit Disregard) Regulations (Northern Ireland) 2008 and shall come into operation on 5th January 2009.

(2)

Subject to paragraph (3) regulations 2 to 4 cease to have effect and are revoked on 6th April 2009; and on and after that date the Income Support Regulations, the Jobseeker’s Allowance Regulations and the Housing Benefit Regulations shall have effect as if regulations 2 to 4 had not been made.

(3)

Regulation 4 ceases to have effect and is revoked on 1st April 2009 in relation to a claimant whose eligible rent falls to be calculated in accordance with regulation 78(2)(b) or (c) of the Housing Benefit Regulations (calculation of weekly income); and on and after that date the Housing Benefit Regulations shall have effect in relation to such a claimant as if regulation 4 had not been made.

(4)

In these Regulations—

  • “the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006f1;

  • “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987f2;

  • “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f3.

(5)

The Interpretation Act (Northern Ireland) 1954f4 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of the Income Support (General) RegulationsF1

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

3Amendment of the Jobseeker’s Allowance RegulationsF1

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

4Amendment of the Housing Benefit RegulationsF1

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

Signature

Sealed with the Official Seal of the Department for Social Development on 11th December 2008

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulation 4.

Sealed with the Official Seal of the Department of Finance and Personnel on 12th December 2008

(L.S.)

Adrian Arbuthnot

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 Jobseeker’s Allowance Regulations (Northern Ireland) 1996 and the Housing Benefit Regulations (Northern Ireland) 2006 so as to disregard in the calculation of income the increase in child benefit which takes effect on 5th January 2009. The Regulations cease to have effect at the beginning of April 2009, by which time it is anticipated that personal allowances will be increased by the annual up-rating order.

In the case of income support and jobseeker’s allowance, the Regulations apply only to claimants who do not receive a child tax credit. (For those who do, child benefit is already fully disregarded.)

In so far as these Regulations are required, for the purposes of regulation 4, 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.