Regulation 2 Amendment of the Income Support (General) RegulationsI1I2I3

after the definition of “polygamous marriage”^f1 insert—

• ““public authority” has the meaning given in section 75(3) of the Northern Ireland Act 1998^f2;”; and

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

after paragraph (2)(g)^f8 insert—

“(ga)

any sum to which paragraph (8ZA) applies;”; and

after paragraph (8)^f9 add—

“(8ZA)

Paragraphs (1), (2), (3), (4), (5) and (6) shall not apply in respect of a payment of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.”.

omit the definition of “child maintenance”^f10;

in the definition of “payment”^f11—

in paragraph (c) of the definition of “periodical payment”^f12 omit “, after the appropriate disregard under paragraph 69 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) has been applied to it,”.

in paragraph (3) omit sub-paragraph (b) and the preceding “and”; and

in paragraph (10) omit “and, where applicable, the maximum disregard under paragraph 69 of Schedule 9”.

in paragraph (b) for “7” substitute “68”; and

omit “and described as “learner support funds” or grants made under section 68 of that Act”.

after paragraph 2 insert—

“Single persons looking after children placed with them prior to adoption

2A.

A single claimant or a lone parent with whom a child is placed for adoption pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 1989^f17.”; and

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

after paragraph 3(13)(b) (circumstances in which a person is to be treated as occupying a dwelling as his home) insert—

“(ba)

“period of study” has the meaning given in regulation 61(1) (interpretation);”; and

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

in paragraphs 1(1)(b)^f19 for “regulation 35(1)(e) or (i) (in so far as it applies to regulation 35(1)(e))” substitute “sub-paragraph (2)(a) or (b)(ii)”;

for paragraph 1(2)(a) substitute—

“(a)

any payment of the nature described in—

(i)

regulation 35(1)(e) or (i) (in so far as it applies to regulation 35(1)(e)), or

(ii)

Article 60, 96 or 100 of the Employment Rights (Northern Ireland) Order 1996^f20 (guarantee payments, suspension from work on medical or maternity grounds); and”; and

in paragraph 2(1) for “regulation 35(1)(e) or (i) (in so far as it applies to regulation 35(1)(e))” substitute “paragraph 1(2)(a) or (b)(ii)”.

after paragraph 2^f21 insert—

“2A.

Any payment in respect of expenses arising out of the claimant’s participation in a service user group.”;

in paragraph 16(cc)^f22—

before paragraph 25(1)(e)^f24 insert—

“(da)

which is a payment made by a local authority in Scotland in pursuance of section 50 of the Children Act 1975^f25 (payments towards maintenance of children);”; and

for paragraph 69^f26 substitute—

“69.

(1)

Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.

(2)

In paragraph (1)—

• “child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—

  1. (a)

     the Child Support (Northern Ireland) Order 1991^f27;

  2. (b)

     the Child Support Act 1991^f28;

  3. (c)

     a court order;

  4. (d)

     a consent order;

  5. (e)

     a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books; and

• “liable relative” has the meaning given in regulation 54 (interpretation), other than a person falling within paragraph (d) of that definition.”.