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Regulation 4 Amendment of the Jobseeker’s Allowance RegulationsI1

Northern Ireland

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 are amended in accordance with paragraphs (2) to (9).

(2)

In regulation 1(2) (citation, commencement and interpretation)—

(a)

omit the definitions of—

(i)

“the Independent Living Fund”;

(ii)

“the Independent Living Funds”f2;

(iii)

“the Independent Living (Extension) Fund”, and

(iv)

“the Independent Living (1993) Fund”;

(b)

for the definition of “sandwich course”f3 substitute—

  • ““sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations (Northern Ireland) 2008, regulation 2(10) of the Education (Student Support) (No. 2) Regulations 2008 or regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007 as the case may be;”; and

(c)

in the definition of “training allowance”f4 omit “sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or”.

F1(3)

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

(4)

In regulation 97(1)f5 (calculation of weekly amount of income)—

(a)

after “other than earnings)” insert “and regulation 96(3) (date on which income is treated as paid)” and after “a payment” insert “of income or tax credit”; and

(b)

for sub-paragraph (b)(iii) substitute—

“(iii)

in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7; and

(iiia)

in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52;”.

(5)

In—

(a)

regulation 105(10A)(a)f6 (notional income);

(b)

regulation 110(10)(c) (income treated as capital);

(c)

regulation 113(3A)(a)f7 (notional capital);

F2(d)

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

(e)

paragraph 17(8)(b) of Schedule 2 (housing costs);

(f)

paragraphs 22(2) and 41(1) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings); and

(g)

paragraphs 27(1)f8 and 31 of Schedule 7 (capital to be disregarded),

for “Funds” substitute “Fund (2006)”.

(6)

In regulation 130 (interpretation)—

(a)

in paragraph (c)f9 of the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”; and

(b)

in the definition of “student loan”f10 for “the Students’ Allowances (Scotland) Regulations 1999” substitute “the Students’ Allowances (Scotland) Regulations 2007f11”.

(7)

In regulation 136 (treatment of student loans)—

(a)

in paragraph (1)f12 omit “unless it is a hardship loan in which case it shall be disregarded”; and

(b)

omit paragraph (1A).

(8)

In Schedule 2 (housing costs)—

(a)

in paragraph 4(10)(b)f13 (housing costs not met) for “children” substitute “persons” and for “who belong to the same family as a claimant”, substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”;

(b)

in paragraph 13(3)f14 (linking rule) omit “provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or”;

(c)

in paragraph 15(2)(l) (loans for repairs and improvements to the dwelling occupied as the home) for “children” substitute “persons” and for “who are part of the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”; and

(d)

for paragraph 17(7)(b)f15 (non-dependant deductions) substitute—

“(b)

if he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the Employment and Training Act (Northern Ireland) 1950 for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;”.

(9)

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) omit paragraph 44.

Annotations

Textual amendments

F1

Reg. 4(3) revoked (11.4.2011) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 (S.R. 2011/135), reg. 1(1), Sch.

F2

Reg. 4(5)(d) revoked (25.1.2010) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/6), reg. 1(2), Sch. Pt. 1 (with reg. 2(2)-(4))

Commencement

I1

Reg. 4 in operation at 17.11.2008, see reg. 1(1)

Footnotes

f1

S.R. 1996 No. 198; relevant amending Rules are S.R. 1996 No. 503, S.R. 1997 Nos. 130 and 165, S.R. 1998 Nos. 81 and 326, S.R. 1999 No. 317, S.R. 2000 Nos. 74, 242 and 350, S.R. 2001 No. 278, S.R. 2002 No. 222, S.R. 2003 No. 338, S.R. 2004 Nos. 213 and 389, S.R. 2005 No. 550, S.R. 2007 No. 382 and S.R. 2008 No. 112

f2

The definition of “the Independent Living Funds” was amended by Article 4(a) of S.R. 2007 No. 382

f3

The definition of “sandwich course” was substituted by regulation 3(2)(b) of S.R. 2000 No. 242 and amended by regulation 2(3)(a) of S.R. 2002 No. 222

f4

The definition of “training allowance” was amended by regulation 4(2)(b) of S.R. 2008 No. 112

f5

Paragraph (1) was amended by regulation 5(9) of S.R. 1997 No. 130

f6

Paragraph (10A) was inserted by regulation 2(1)(b) of S.R. 1998 No. 326

f7

Paragraph (3A) was inserted by regulation 3(1)(b) of S.R. 1998 No. 326; sub-paragraph (a) was amended by regulation 2(1) and (2)(c) of S.R. 2004 No. 389 and regulation 4(3) of S.R. 2005 No. 550

f8

Paragraph 27(1) was amended by regulation 3(5) and (6)(b) of S.R. 2004 No. 213 and regulation 4(5)(a) of S.R. 2005 No. 550

f9

Paragraph (c) was substituted by regulation 2(1)(d) of S.R. 2001 No. 278

f10

The definition of “student loan” was substituted by regulation 2(2)(b) of S.R. 1999 No. 317 and amended by regulation 2(1)(e) of S.R. 2001 No. 278

f11

S.S.I. 2007/153

f12

Paragraph (1) was substituted by regulation 3(6)(a) of S.R. 2000 No. 242

f13

Sub-paragraph (b) was amended by paragraph 54(4)(a) of Schedule 2 to S.R. 2000 No. 350

f14

Sub-paragraph (3) was substituted by regulation 7(2) of S.R. 1997 No. 165 and amended by paragraph 54(8)(d) of Schedule 2 to S.R. 2000 No. 350

f15

Sub-paragraph (7)(b) was substituted by regulation 2(18)(b)(ii) of S.R. 1996 No. 503