The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1999

These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1999.

These Regulations shall come into operation:—

The Interpretation Act (Northern Ireland) 1954^f1 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996^f1 shall be amended in accordance with paragraphs (2) to (6).

In regulation 14(1)^f2 (circumstances in which a person is to be treated as available) after sub-paragraph (j)^f3 there shall be inserted the following sub-paragraph—

“(ja)

notwithstanding regulation 15(a), if he is participating in a programme provided by the Venture Trust in pursuance of an arrangement made by the Secretary of State for the Home Department with the Trust, for a maximum of 4 weeks and one such programme in any period of 12 months;”.

In regulation 19(1) (circumstances in which a person is to be treated as actively seeking employment) after sub-paragraph (j)^f4 there shall be inserted the following sub-paragraph—

“(ja)

in any week during which he is participating for not less than 3 days in a programme provided by the Venture Trust in pursuance of an arrangement made by the Secretary of State for the Home Department with the Trust, for a maximum of 4 weeks and one such programme in any period of 12 months;”.

In regulation 30(c) (circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notice under regulation 23) for “(k)” there shall be substituted “(ja)”.

In regulation 47(3)(b) (jobseeking period) the words from “or, where good cause” to the end of the sub-paragraph shall be omitted.

In Schedule 2 (housing costs) in paragraph 13(6)(b) for “regulation 9” there shall be substituted “regulation 8A or 8B”^f5.

in paragraph (1) after “is incurring” there shall be inserted “or in the case of a claimant to whom paragraph (6A) applies, will incur”;

in paragraph (2) at the end of the definition of “relevant child care charges”^f2 there shall be added—

“or, in the case of a claimant to whom paragraph (6A) applies, with paragraphs (6B) and (6C)”;

in paragraph (2A)^f3 after sub-paragraph (b) there shall be added the following sub-paragraph—

“(c)

in the definition of “relevant child care charges” the words “charges paid” shall be taken to include charges which will be incurred and to which paragraph (6A) applies.”;

after paragraph (6) there shall be inserted the following paragraphs—

“(6A)

Where a claimant—

(a)

has entered into an agreement for the provision of child care, and

(b)

will incur under that agreement relevant child care charges in respect of child care during the period of the family credit award,

the weekly charge for child care shall be calculated in accordance with paragraphs (6B) and (6C), based upon a written estimate of the relevant future charges provided by the claimant and child minder or other child care provider.

(6B)

Subject to paragraph (6C), relevant child care charges which fall under paragraph (6A) shall be calculated in accordance with the formula—

$$\genfrac{}{}{0.1ex}{}{\mathrm{X}+\mathrm{Y}}{52}$$

where—

• X is the weekly estimate provided by the child minder or other child care provider for child care in those weeks which will fall in school term-time in respect of the child or children concerned, multiplied by 39, and

• Y is the weekly estimate provided by the child minder or other child care provider for child care in those weeks which will fall out of school term-time in respect of the child or children concerned, multiplied by 13.

(6C)

Where relevant child care charges fall under paragraph (6A) and they are in respect of a child who does not attend school, the relevant child care charges shall mean the weekly estimate provided by the child minder or other child care provider multiplied by the number of weeks during the period of the family credit award in which relevant child care charges will be paid, divided by 26.”.

in paragraph (1) after “is incurring” there shall be inserted “or in the case of a claimant to whom paragraph (6A) applies, will incur”;

in paragraph (2) at the end of the definition of “relevant child care charges”^f2(b) there shall be added—

“or, in the case of a claimant to whom paragraph (6A) applies, with paragraphs (6B) and (6C)”;

in paragraph (2A)^f3 after sub-paragraph (b) there shall be added the following sub-paragraph—

“(c)

in the definition of “relevant child care charges” the words “charges paid” shall be taken to include charges which will be incurred and to which paragraph (6A) applies.”;

after paragraph (6) there shall be inserted the following paragraphs—

“(6A)

Where a claimant—

(a)

has entered into an agreement for the provision of child care; and

(b)

will incur under that agreement relevant child care charges in respect of child care during the period of the disability working allowance award,

the weekly charge for child care shall be calculated in accordance with paragraphs (6B) and (6C), based upon a written estimate of the relevant future charges provided by the claimant and child minder or other child care provider.

(6B)

Subject to paragraph (6C), relevant child care charges which fall under paragraph (6A) shall be calculated in accordance with the formula—

$$\genfrac{}{}{0.1ex}{}{\mathrm{X}+\mathrm{Y}}{52}$$

where—

• X is the weekly estimate provided by the child minder or other child care provider for child care in those weeks which will fall in school term-time in respect of the child or children concerned, multiplied by 39, and

• Y is the weekly estimate provided by the child minder or other child care provider for child care in those weeks which will fall out of school term-time in respect of the child or children concerned, multiplied by 13.

(6C)

Where relevant child care charges fall under paragraph (6A) and they are in respect of a child who does not attend school, the relevant child care charges shall mean the weekly estimate provided by the child minder or other child care provider multiplied by the number of weeks during the period of the disability working allowance award in which relevant child care charges will be paid, divided by 26.”.