Regulation 4 Amendment of the Income Support (General) RegulationsI1I2I3I4

omit the definition of “lower rate”^f1;

in the definition of “maternity leave”^f2 for “Articles 15 and 28 to 30 of the Industrial Relations (No. 2) (Northern Ireland) Order 1976” substitute “Part IX of the Employment Rights (Northern Ireland) Order 1996^f3”; and

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

in paragraph (5)^f4 for “A person” substitute “Subject to paragraph (5A), a person”; and

after paragraph (5) insert—

“(5A)

Paragraph (5) shall not apply to earnings disregarded under paragraph 1 of Schedule 8 to these regulations.”.

in paragraph (1)—

in paragraph (3)—

omit “or” at the end of (6A)(b)(ii);

at the end of paragraph (6A)(c)^f8 add—

“; or

(d)

to a claimant who is participating in a work placement approved by the Department for Employment and Learning (or a person providing services to that Department) before the placement starts.

(6AA)

In paragraph (6A)(d) “work placement” means practical work experience which is not undertaken in expectation of payment.”; and

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

for paragraph 1^f10 substitute—

“1.

(1)

In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Northern Ireland, would have been so engaged—

(a)

any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from that employment which terminated before the first day of entitlement to income support;

(b)

any earnings, other than a payment of the nature described in regulation 35(1)(e) or (i) (in so far as it applies to regulation 35(1)(e)), paid or due to be paid from that employment which has not been terminated where the claimant is not—

(i)

engaged in remunerative work, or

(ii)

suspended from his employment.

(2)

This sub-paragraph applies to—

(a)

any payment of the nature described in regulation 35(1)(e) or (i) (in so far as it applies to regulation 35(1)(e)); and

(b)

any award, sum or payment of the nature described in—

(i)

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

(ii)

Article 66 or 102 of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments and suspension from work: complaints to industrial tribunals),

including any payment made following the settlement of a complaint to an industrial tribunal or of court proceedings.”; and

for paragraph 2^f11 substitute—

“2.

(1)

In the case of a claimant to whom this paragraph applies, any earnings (other than a payment of the nature described in regulation 35(1)(e) or (i) (in so far as it applies to regulation 35(1)(e)) which relate to employment which ceased before the first day of entitlement to income support whether or not that employment has terminated.

(2)

This paragraph applies to a claimant who has been engaged in part-time employment as an employed earner or, had the employment been in Northern Ireland, would have been so engaged; but it does not apply to a claimant who has been suspended from his employment.”.

in paragraph 11(1)^f12 at the end add “or a payment corresponding to such an education maintenance allowance made pursuant to section 3 of the Employment and Training Act (Northern Ireland) 1950^f13”;

in paragraph 19^f14 for sub-paragraphs (a) and (b) substitute—

“(a)

where the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family, is less than £20, the whole of that amount; or

(b)

where the aggregate of any such payments is £20 or more per week, £20.”; and

in paragraph 46^f15 at the end add “or reduction of liability for rates under Article 30A of the Rates (Northern Ireland) Order 1977^f16 (rate relief in respect of dwellings)”.

in paragraph 36^f17 after “(reduction of liability for council tax)” insert “or reduction of liability for rates under Article 30A of the Rates (Northern Ireland) Order 1977 (rate relief in respect of dwellings)”; and

in paragraph 56^f18 at the end add “or a payment corresponding to such an education maintenance allowance made pursuant to section 3 of the Employment and Training Act (Northern Ireland) 1950”.