Explanatory note

These Regulations provide for the way in which the earnings of a person to whom benefit is or may be payable, or the earnings of such a person’s dependant, are to be calculated or estimated for the purposes of those provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, and regulations made under that Act, by which the right to, or the amount of, benefit depends on the amount of those earnings.

Regulations 3 to 14 make provision for earnings not expressly disregarded to be taken into account on a weekly basis; define earnings and prescribe the manner in which earnings are to be calculated; they also prescribe the circumstances in which a person is to be treated as possessing earnings which he in fact does not possess.

Regulations 15 and 16 make transitional provision including for the suspension of benefit until the amount of the earnings is established and for the making of interim payments.

Regulation 17 makes consequential amendments to the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977.

Regulation 18 makes consequential revocations and includes a saving provision.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.