Regulation 4 Amendment of the Jobseeker’s Allowance RegulationsI1

Northern Ireland

In the Jobseeker’s Allowance Regulations (Northern Ireland) 1996^f1—

(a)

in regulation 106^f2 (modifications in respect of children and young persons) for the words “personal allowance and disabled child premium, if any,” in each place in which they occur there shall be substituted “personal allowance, any disabled child premium and any enhanced disability premium”;

F1(b)

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

(c)

in Schedule 1 (applicable amounts)—

(i)

for paragraph 7 there shall be substituted the following paragraph—

“7
(1)
Subject to sub-paragraph (2), the following premiums, namely—
(a)
a severe disability premium to which paragraph 15^f3 applies;
(b)
an enhanced disability premium to which paragraph 15A^f4 applies;
(c)
a disabled child premium to which paragraph 16^f5 applies, and
(d)
a carer premium to which paragraph 17^f6 applies,
may be applicable in addition to any other premium which may apply under this Part of this Schedule.
(2)
An enhanced disability premium in respect of a person shall not be applicable in addition to —
(a)
a pensioner premium under paragraph 10 or 11, or
(b)
a higher pensioner premium under paragraph 12^f7.”;

(ii)

after paragraph 15 (severe disability premium) there shall be inserted the following paragraph—

“Enhanced disability premium
15A
(1)
Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with Regulations under section 113(2) of the Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits Act in respect of—
(a)
the claimant, or
(b)
a member of the claimant’s family,
who is aged less than 60.
(2)
An enhanced disability premium shall not be applicable in respect of—
(a)
a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;
(b)
a claimant who—
(i)
is not a member of a couple or a polygamous marriage, and
(ii)
is a patient within the meaning of regulation 85(4) (special cases) and has been for a period of more than six weeks, or
(c)
a member of a couple or a polygamous marrige where each member is a patient within the meaning of regulation 85(4) (special cases) and has been for a period of more than six weeks.”;

(iii)

after paragraph 20(8)^f8 there shall be added to the table the following sub-paragraph—

“
(9)
Enhanced disability premium where the conditions in paragraph 15A are satisfied.
(9)
(a)
£5·95 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied;
(b)
£5·95 in respect of each person who is neither—
(i)
a child or young person, nor
(ii)
a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 15A are satisfied;
(c)
£8·60 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage.
”;

(iv)

for paragraph 20C^f9 there shall be substituted the following paragraph—

“20C
(1)
Subject to sub-paragraph (2), the following premiums, namely—
(a)
a severe disability premium to which paragraph 20I applies;
(b)
an enhanced disability premium to which paragraph 20IA applies, and
(c)
a carer premium to which paragraph 20J applies,
may be applicable in addition to any other premium which may apply under this Part of this Schedule.
(2)
An enhanced disability premium in respect of a person shall not be applicable in addition to—
(a)
a pensioner premium under paragraph 20E, or
(b)
a higher pensioner premium under paragraph 20F.”;

(v)

after paragraph 20I^f10 there shall be inserted the following paragraph—

“Enhanced disability premium
20IA
(1)
Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits Act in respect of a member of a joint claim couple who is aged less than 60.
(2)
An enhanced disability premium shall not be applicable in respect of a joint-claim couple where each member of that couple or each member of a polygamous marriage of which one member of that couple is a member, is a patient within the meaning of regulation 85(4) (special cases) and has been for a period of more than six weeks.”;

(vi)

after paragraph 20M(5)^f11, there shall be added to the table the following sub-paragraph—

“
(6)
Enhanced disability premium where the conditions in paragraph 20IA are satisfied.
(6)
£8·60 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.
”.

Annotations

Textual amendments

F1: Reg. 4(b) revoked (coming into force in accordance with reg. 1(2) of the amending Rule) by The Social Security (Child Maintenance Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/406), Sch.

Commencement

I1: Reg. 4 in operation at 9.4.2001, see reg. 1(1)(c)

Footnotes

f1: S.R. 1996 No, 198; relevant amending Rules are S.R. 1996 Nos. 288 and 503, S.R. 1998 No. 324, S.R. 1999 No. 428 (C. 32) and S.R. 2000 Nos. 38, 74 and 350
f2: Regulation 106 was amended by Article 9(8)(c) of S.R. 1999 No. 428 (C. 32)
f3: Paragraph 15 was amended by regulation 4(3)(a) of S.R. 2000 No. 74
f4: Paragraph 15A is inserted by regulation 4(c)(ii) of these Regulations
f5: Paragraph 16 was amended by Article 21(2) of S.R. 2000 No. 38
f6: Paragraph 17 was amended by regulation 4(3)(b) of S.R. 2000 No. 74
f7: Paragraph 12 was amended by regulation 2(17)(b) of S.R. 1996 No. 503 and regulation 11(3) of S.R. 1998 No. 324
f8: Paragraph 20(8) was amended by Article 21(5) and Schedule 10 to S.R. 2000 No. 38
f9: Paragraph 20C was inserted by regulation 2(5) and paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350
f10: Paragraph 20I was inserted by regulation 2(5) and paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350
f11: Paragraph 20M was inserted by regulation 2(5) and paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350