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The Social Security Benefit (Computation of Earnings) (Amendment) Regulations (Northern Ireland) 2015

S.I. 2015/811 · Made 20 March 2015

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, Northern Ireland

Made 20th March 2015

Laid before Parliament 23rd March 2015

Coming into force 1st July 2015

The Treasury makes the following Regulations in exercise of the powers conferred by sections 3(2) and (3) and 171(3), (4) and (10) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, and now exercisable by themf1.

The Department for Social Developmentf2 concurs in the making of these Regulations.

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 3(2) was amended, and the power to make regulations under it transferred to the Treasury by paragraph 4 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) (“the Transfer Order”). Section 171(10) was substituted by paragraph 28(3) of Schedule 3 to the Transfer Order.

f2

The functions of the Department of Health and Social Services for Northern Ireland under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 were transferred to the Department for Social Development by Article 8(b) of, and Part 2 of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. (NI) 1999 No 481).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security Benefit (Computation of Earnings) (Amendment) Regulations (Northern Ireland) 2015 and shall come into force on 1st July 2015.

2Amendment of the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996

(1)

Regulation 9 (earnings of employed earners) of the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996f1 is amended as follows.

(2)

In paragraph (3)(b), for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

(3)

After paragraph (3) insert—

“(3A)

The reference in paragraph (3)(b) to a claimant participating as a service user is to—

(a)

a person who is being consulted by or on behalf of—

(i)

a body which has a statutory duty to provide services in the field of health, social care or social housing, or

(ii)

a body which conducts research or undertakes monitoring for the purpose of planning or improving such services,

in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services;

(b)

a person who is being consulted by or on behalf of—

(i)

the Department for Social Development in relation to any of its functions in the field of social security or child support;

(ii)

the Department for Employment and Learningf2 in relation to any of its functions under section 1 of the Employment and Training Act (Northern Ireland) 1950f3 (general functions of Ministry as to employment and training for employment), or

(iii)

a body which conducts research or undertakes monitoring for the purpose of planning or improving such functions,

in their capacity as a person affected or potentially affected by the exercise of those functions or the carer of such a person, or

(c)

the carer of a person consulted under sub-paragraphs (a) or (b).”.

(4)

In paragraph (4), omit the definition of “service user group”.

Signature

Gavin Barwell

David Evennett

Two of the Lords Commissioners of Her Majesty’s Treasury

20th March 2015

The Department for Social Development concurs.

Sealed with the Official Seal of the Department for Social Development on 19th March 2015

L.S.

Anne McLeary

A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996 (S.R. (NI) 1996 No 520) and correspond to provisions contained in Regulations made by the Treasury with the concurrence of the Secretary of State for Work and Pensions in relation to Great Britain.

Regulation 2 amends the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996 to replace the existing definition of, and reference to, a service user group with the revised definition of, and reference to, a claimant participating as a service user.

A service user is a person consulted by certain statutory bodies, the Department for Social Development or the Department for Employment and Learning, or their carer (so the carer of a carer of a user may also fall within the definition). Payments of expenses arising out of the person’s participation as a service user may be disregarded when calculating earnings.