{
  "url": "https://openlegislation.uk/social-security-amendment-new-deal-no-2-regulations-northern-ireland-1998/regulation-2",
  "json_url": "https://openlegislation.uk/social-security-amendment-new-deal-no-2-regulations-northern-ireland-1998/regulation-2.json",
  "legislation": "nisr/1998/326",
  "legislation_title": "The Social Security (Amendment) (New Deal No. 2) Regulations (Northern Ireland) 1998",
  "legislation_url": "https://openlegislation.uk/social-security-amendment-new-deal-no-2-regulations-northern-ireland-1998",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Notional income",
  "text": "(1) In regulation 105 of the Jobseeker’s Allowance Regulations (notional income)—\n(a) in paragraph (10) for the words from “Any payment of income,” to “regulation 75(1)(b)(ii)” there shall be substituted “Any payment of income, other than a payment of income specified in paragraph (10A)”;\n(b) after paragraph (10) there shall be inserted the following paragraph—\n“(10A) Paragraph (10) shall not apply in respect of a payment of income made—\n(a) under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;\n(b) pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal), or\n(c) pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of a person’s participation—\n(i) in an employment programme specified in regulation 75(1)(a);\n(ii) in a training scheme specified in regulation 75(1)(b)(ii), or\n(iii) in a qualifying course within the meaning specified in regulation 17A(7).”.\n(2) In regulation 42 of the Income Support Regulations (notional income)—\n(a) in paragraph (4) for the words from “Any payment of income,” to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted “Any payment of income, other than a payment of income specified in paragraph (4ZA)”;\n(b) after paragraph (4) there shall be inserted the following paragraph—\n“(4ZA) Paragraph (4) shall not apply in respect of a payment of income made—\n(a) under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;\n(b) pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal), or\n(c) pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of a person’s participation—\n(i) in an employment programme specified in regulation 75(1)(a) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;\n(ii) in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations, or\n(iii) in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.”.\n(3) In both regulation 29 of the Disability Working Allowance Regulations and regulation 26 of the Family Credit Regulations (which relate to notional income)—\n(a) in paragraph (3) for the words from “Any payment of income,” to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted “Any payment of income, other than a payment of income specified in paragraph (3A)”;\n(b) after paragraph (3) there shall be inserted the following paragraph—\n“(3A) Paragraph (3) shall not apply in respect of a payment of income made—\n(a) under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;\n(b) pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal), or\n(c) pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of a person’s participation—\n(i) in an employment programme specified in regulation 75(1)(a) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;\n(ii) in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations, or\n(iii) in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Relevant amending Regulations are S.R. 1997 Nos. 412 and 541"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1994 c. 21"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Regulation 17A was inserted by regulation 4 of S.R. 1998 No. 198"
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Paragraph (4) was substituted by regulation 9(a) of S.R. 1988 No. 318 and amended by S.R. 1990 No. 33, S.R. 1991 No. 204, S.R. 1992 No. 201, S.R. 1993 Nos. 195 and 233 and S.R. 1997 Nos. 412 and 541"
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Relevant amending Regulations are S.R. 1992 No. 201, S.R. 1993 Nos. 195 and 233 and S.R. 1997 Nos. 412 and 541"
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Relevant amending Regulations are S.R. 1988 Nos. 131 and 205, S.R. 1990 No. 33, S.R. 1991 No. 204, S.R. 1992 No. 201, S.R. 1993 Nos. 195 and 233 and S.R. 1997 Nos. 412 and 541"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1998/326/regulation/2",
    "retrieved_at": "2026-10-29T02:22:52.059649+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}