Regulation 5 Common amendmentsI1

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 5(2)(a) revoked by Housing Benefit (Consequential Provisions) 2006 Sch. 1
reg. 5(4)(b) revoked by Housing Benefit (Consequential Provisions) 2006 Sch. 1
reg. 5(12)(b) revoked by Housing Benefit (Consequential Provisions) 2006 Sch. 1
reg. 5(6)(a) revoked by Housing Benefit (Consequential Provisions) 2006 Sch. 1
reg. 5(8)(b) revoked by Housing Benefit (Consequential Provisions) 2006 Sch. 1
reg. 5(10)(b) revoked by Housing Benefit (Consequential Provisions) 2006 Sch. 1

(1)

At the end of each of the regulations specified in paragraph (2) (which relate to income to be treated as capital) there shall be added the following paragraph—

“(7)

There shall be treated as capital the gross receipts of any commercial activity carried on by a person in respect of which assistance is received under an employment programme specified in regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (self-employment route of the Employment Option of the New Deal), but only in so far as those receipts were payable into a special account (as defined for the purposes of Chapter IVA of Part VIII of those Regulations) during the period in which that person was receiving such assistance.”.

(2)

The regulations for the purposes of paragraph (1) are—

(a)

regulation 40 of the Housing Benefit Regulations;

(b)

regulation 31 of the Family Credit Regulations;

(c)

regulation 34 of the Disability Working Allowance Regulations.

(3)

For each of the numbered paragraphs of the Schedules specified in paragraph (4) (which relate to sums to be disregarded in the calculation of income other than earnings), there shall be substituted the following paragraph—

“Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in an employment programme specified in—

(a)

regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (self-employment route of the Employment Option of the New Deal);

(b)

regulation 75(1)(a)(ii) of those Regulations (Voluntary Sector Option of the New Deal), or

(c)

regulation 75(1)(a)(iii) of those Regulations (Environmental Task Force Option of the New Deal).”.

(4)

The respective paragraph numbers and Schedules for the purposes of paragraph (3) are—

(a)

paragraph 60 of Schedule 9 to the Income Support Regulations^f1;

(b)

paragraph 66 of Schedule 4 to the Housing Benefit Regulations^f2;

(c)

paragraph 58 of Schedule 2 to the Family Credit Regulations^f3;

(d)

paragraph 56 of Schedule 3 to the Disability Working Allowance Regulations^f4.

(5)

At the end of each of the Schedules specified in paragraph (6) (which relate to sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph bearing the specified respective paragraph number—

“—

(1)

Subject to sub-paragraph (2), in respect of a person who is receiving, or who has received, assistance under an employment programme specified in regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (self-employment route of the Employment Option of the New Deal), any payment to that person—

(a)

to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;

(b)

which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,

in respect of which such assistance is or was received.

(2)

Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996^f5.”.

(6)

The respective paragraph numbers and Schedules for the purposes of paragraph (5) are—

(a)

paragraph 68 of Schedule 4 to the Housing Benefit Regulations^f6;

(b)

paragraph 60 of Schedule 2 to the Family Credit Regulations^f7;

(c)

paragraph 58 of Schedule 3 to the Disability Working Allowance Regulations^f8.

(7)

At the end of each of the numbered paragraphs of the Schedules specified in paragraph (8) (which relate to sums to be disregarded in the calculation of capital), there shall be added the following sub-paragraphs—

“(3)

In the case of a person who is receiving assistance under an employment programme specified in regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (self-employment route of the Employment Option of the New Deal), the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.

(4)

In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.”.

(8)

The respective paragraph numbers and Schedules for the purposes of paragraph (7) are—

(a)

paragraph 6 of Schedule 10 to the Income Support Regulations^f9;

(b)

paragraph 7 of Schedule 5 to the Housing Benefit Regulations^f10;

(c)

paragraph 6 of Schedule 3 to the Family Credit Regulations^f11;

(d)

paragraph 6 of Schedule 4 to the Disability Working Allowance Regulations.

(9)

For the numbered paragraph of each of the Schedules specified in paragraph (10) (which relate to sums to be disregarded in the calculation of capital), there shall be substituted the following paragraph—

“Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in an employment programme specified in—

(a)

regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (self-employment route of the Employment Option of the New Deal),

(b)

regulation 75(1)(a)(ii) of those Regulations (Voluntary Sector Option of the New Deal); or

(c)

regulation 75(1)(a)(iii) of those Regulations (Environmental Task Force Option of the New Deal),

but only for a period of 52 weeks from the date of receipt of the payment.”.

(10)

The respective paragraph numbers and Schedules for the purposes of paragraph (9) are—

(a)

paragraph 48 of Schedule 10 to the Income Support Regulations^f12;

(b)

paragraph 51 of Schedule 5 to the Housing Benefit Regulations^f13;

(c)

paragraph 50 of Schedule 3 to the Family Credit Regulations^f14;

(d)

paragraph 49 of Schedule 4 to the Disability Working Allowance Regulations^f15.

(11)

At the end of each of the Schedules specified in paragraph (12) (which relate to sums to be disregarded in the calculation of capital) there shall be added the following paragraph bearing the specified respective paragraph number—

“In the case of a person who is receiving, or has received, assistance under an employment programme specified in regulation 75(1)(a)(i)(bb) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (self-employment route of the Employment Option of the New Deal), any sum of capital which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired.”.

(12)

The respective paragraph numbers and Schedules for the purposes of paragraph (11) are—

(a)

paragraph 50 of Schedule 10 to the Income Support Regulations^f16;

(b)

paragraph 53 of Schedule 5 to the Housing Benefit Regulations^f17;

(c)

paragraph 52 of Schedule 3 to the Family Credit Regulations^f18;

(d)

paragraph 51 of Schedule 4 to the Disability Working Allowance Regulations^f19.

Annotations

Commencement

I1: Reg. 5 in operation at 1.6.1998, see reg. 1(1)

Footnotes

f1: Paragraph 60 was added by regulation 17(9) and (10)(a) of S.R. 1997 No. 541
f2: Paragraph 66 was added by regulation 17(9) and (10)(b) of S.R. 1997 No. 541
f3: Paragraph 58 was added by regulation 17(9) and (10)(c) of S.R. 1997 No. 541
f4: Paragraph 56 was added by regulation 17(9) and (10)(d) of S.R. 1997 No. 541
f5: Chapter IVA is inserted by regulation 4(4) of these Regulations
f6: Paragraph 67 was added by regulation 17(9) and (10)(b) of S.R. 1997 No. 541
f7: Paragraph 59 was added by regulation 17(9) and (10)(c) of S.R. 1997 No. 541
f8: Paragraph 57 was added by regulation 17(9) and (10)(d) of S.R. 1997 No. 541
f9: Paragraph 6 was amended by regulation 9(b) of S.R. 1990 No. 346
f10: Paragraph 7 was amended by regulation 12(b) of S.R. 1990 No. 345
f11: Paragraph 6 was amended by regulation 5 of S.R. 1990 No. 347
f12: Paragraph 48 was added by regulation 17(11) and (12)(a) of S.R. 1997 No. 541
f13: Paragraph 51 was added by regulation 17(11) and (12)(b) of S.R. 1997 No. 541
f14: Paragraph 50 was added by regulation 17(11) and (12)(c) of S.R. 1997 No. 541
f15: Paragraph 49 was added by regulation 17(11) and (12)(d) of S.R. 1997 No. 541
f16: Paragraph 49 was added by regulation 17(11) and (12)(a) of S.R. 1997 No. 541
f17: Paragraph 52 was added by regulation 17(11) and (12)(b) of S.R. 1997 No. 541
f18: Paragraph 51 was added by regulation 17(11) and (12)(c) of S.R. 1997 No. 541
f19: Paragraph 50 was added by regulation 17(11) and (12)(d) of S.R. 1997 No. 541