Explanatory note

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”), the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”) and the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations (Northern Ireland) 2001 (“the Child Maintenance Premium Regulations”).

Regulation 1 makes provision for citation, commencement and interpretation.

Regulations 2 and 3 amend, respectively, the Income Support Regulations and the Jobseeker’s Allowance Regulations to –

• make it clear that when more than one payment of child maintenance is made in respect of more than one child or young person, or by more than one person in respect of a child or young person, all such payments which are to be taken into account in any week shall be aggregated and treated as a single payment of child maintenance; and

• ensure that when payments of child maintenance are made otherwise than weekly the child maintenance premium disregard is applied to each weekly amount of child maintenance paid.

Regulation 4(2) substitutes regulation 1 of the Child Maintenance Premium Regulations to ensure that those Regulations apply –

• in respect of a person who, on or after 16th February 2004, makes a claim for income support or an income-based jobseeker’s allowance and on or after that date receives a payment of child maintenance made voluntarily, from 16th February 2004; or

• in respect of a person who, on 16th February 2004, is entitled to income support or an income-based jobseeker’s allowance and on or after that date first receives a payment of child maintenance made voluntarily while he is entitled to that benefit, from 16th February 2004 if the first such payment of child maintenance is received on that date, or from the day on which the first such payment of child maintenance is received if it is received after that date.

Regulation 4(3) makes omissions in consequence of the amendments made by these Regulations.

These Regulations 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, 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.

A regulatory impact assessment has not been produced for this rule as it has no impact on the costs of business.