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Regulation 9 Income Support and Jobseeker’s Allowance: Calculation of notional income and income other than earningsI1I2I3I4

Northern Ireland

(1)

The Income Support Regulations shall be amended in accordance with sub-paragraphs (a) to (c)—

(a)

in regulation 40(1)f1 (calculation of income other than earnings) for “paragraphs (2) to (3A)”f2 there shall be substituted “paragraphs (2) to (3B)”f3;

(b)

in regulation 42(7) (notional income) for “paragraphs (1) to (4)” there shall be substituted “paragraphs (1) to (4A)”f4, and

(c)

in Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(i)

in paragraph 7f5—

(a)

in sub-paragraph (a) for “paragraph 6, 9 or 9A”f6 there shall be substituted “paragraph 6 or 9”, and

F1(b)

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

(ii)

after paragraph 61f7 there shall be added the following paragraph—

“62

Any payment made with respect to a person on account of the provision of accommodation, aftercare or other personal social services to which Articles 15 and 36 of the 1972 Order refer which falls to be treated as notional income under regulation 42(4A) (payments made in respect of a person in a residential care or nursing home).”.

(2)

The Jobseeker’s Allowance Regulations shall be amended in accordance with sub-paragraphs (a) and (b)—

(a)

in regulation 103(1) (calculation of income other than earnings) for “paragraphs (2) to (5)” there shall be substituted “paragraphs (2) to (5A)”f8, and

(b)

in Schedule 6 to the Jobseeker’s Allowance Regulationsf9 (sums to be disregarded in the calculation of income other than earnings) at the end there shall be added the following paragraph—

“60

Any payment which falls to be treated as notional income under regulation 105(11) (payments made in respect of a person in a residential care or nursing home).”.

Annotations

Textual amendments

F1

Reg. 9(1)(c)(i)(b) revoked (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 35, Sch. 2

Commencement

I1

Reg. 9 in operation at 1.4.1998 for specified purposes, see reg. 1(5)(a)

I2

Reg. 9 in operation at 6.4.1998 for specified purposes, see reg. 1(5)(b)

I3

Reg. 9 coming into operation in accordance with reg. 1(2)

I4

Reg. 9 in operation at 7.4.1998 for specified purposes, see reg. 1(4)

Footnotes

f1

Relevant amending Regulations are S.R. 1988 No. 431 and S.R. 1990 No. 297

f2

Paragraph (3A) was inserted by regulation 4(4)(b) of S.R. 1990 No. 297; relevant amending Regulations are S.R. 1991 No. 46 and S.R. 1997 No. 412

f3

Paragraph (3B) was inserted by regulation 7(1) of S.R. 1997 No. 22

f4

Paragraph (4A) was inserted by regulation 4(4)(b) of S.R. 1994 No. 77

f5

Relevant amending Regulations are S.R. 1992 No. 6

f6

Paragraph 9A was omitted by S.R. 1993 No. 373

f7

Paragraph 61 was added by regulation 17(9) and (10)(a) of S.R. 1997 No. 541

f8

Paragraph (5A) was inserted by regulation 7(2) of S.R. 1997 No. 22

f9

Paragraph 59 was added by regulation 14(b) of S.R. 1997 No. 541