The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008

S.R. 2008/112 · Made 12 March 2008 · Extends to Northern Ireland

Housing; Rates; Social Security

Made 12th March 2008

Coming into operation in accordance with regulation 1

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 123(1)(d) and (e), 131(1), 132(3) and (4)(a) to (c), 133(2)(d) and 171(1) to (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f1, sections 5(1)(q) and 165(1) and (3) to (5) of the Social Security Administration (Northern Ireland) Act 1992^f2 and Articles 6(5), 14(2) and (4)(a) and (b) and 36(2) of, and paragraphs 1(2)(a) and 3(b) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995^f3, and now vested in it^f4, and sections 2(3)(b) and (6), and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002^f5.

Regulation 6 is made with the consent of the Department of Finance and Personnel^f6.

The Social Security Advisory Committee has agreed that proposals in respect of regulation 6 should not be referred to it^f7.

Annotations to the whole text

Footnotes

f1: 1992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21) and section 171(2) was amended by paragraph 28(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)
f2: 1992 c. 8; section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 and section 165(3) was amended by paragraph 10 of Schedule 4 to the Tax Credits Act 2002
f3: S.I. 1995/2705 (N.I. 15); Article 36(2) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999
f4: See Article 8(b) of S.R. 1999 No. 481
f5: 2002 c. 14 (N.I.)
f6: See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481
f7: See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

1Citation, commencement and interpretation
2Amendment of the Income Support (General) Regulations
3Amendment of the Social Security (Claims and Payments) Regulations
4Amendment of the Jobseeker’s Allowance Regulations
5Amendment of the State Pension Credit Regulations
6Amendment of the Housing Benefit Regulations
7Revocations
Signature
Schedule Revocations
Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 and, subject to paragraphs (2) and (3), shall come into operation on 14th April 2008.

(2)

This regulation and regulations 2(6), (16)(b) and (17)(c), 4(10), (15)(a) and (16)(b), 6(3) and (6)(a) and (7)(b), in so far as they relate to a particular beneficiary, shall come into operation on the first day of the first benefit week to commence for that beneficiary on or after 7th April 2008.

(3)

Regulation 4(13)(a) and (b) in so far as it relates to a particular beneficiary, shall come into operation on 7th April 2008, immediately after Article 22(3) of and Schedule 10 to the Social Security Benefits Up-rating Order (Northern Ireland) 2008^f1 comes into operation.

(4)

In paragraph (2) “benefit week” has the same meaning as in—

(a)

regulation 2(1)^f2 of the Income Support (General) Regulations (Northern Ireland) 1987^f3 so far as it relates to regulations 2(6) and (16)(b) and (17)(c);

(b)

regulation 1(2)^f4 of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996^f5, so far as it relates to regulations 4(10), (15)(a) and (16)(b); and

(c)

regulation 2(1) of the Housing Benefit Regulations (Northern Ireland) 2006^f6 in so far as it relates to regulations 6(3), (6)(a) and (7)(b).

(5)

The Interpretation Act (Northern Ireland) 1954^f7 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of the Income Support (General) RegulationsI1

I2(1)

The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (17).

(2)

In regulation 2(1) (interpretation)^f1 omit the definition of “Preparation for Employment Programme for 50 plus”.

(3)

In regulation 5(5)^f2 (persons treated as engaged in remunerative work) for “35(1)(b) to (d) and (j)” substitute “35(1)(b) and (d)”.

(4)

In regulation 13 (circumstances in which persons in relevant education are to be entitled to income support)—

(a)

in paragraph (2)^f3 after “a person who” insert “(subject to paragraph (2A))”; and

(b)

after paragraph (2) insert—

“(2A)
For the purposes of paragraph (2)—
(a)
the eligible person shall be treated as satisfying the condition prescribed in regulation 8 of the Child Benefit (General) Regulations 2006^f4 (child benefit not payable in respect of qualifying young person: other financial support);
(b)
where sub-paragraphs (c) to (e) apply, the eligible person shall be treated as satisfying the condition prescribed in regulation 5(2)(e) and (f) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds).”.

(5)

In regulation 29 (calculation of earnings derived from employed earner’s employment and income other than earnings)—

(a)

for sub-paragraph (2)(a)^f5 substitute—

“(a)
where the payment is monthly, a period equal to the number of weeks from the date on which the payment is treated as paid to the date immediately before the date on which the next monthly payment would have been so treated as paid whether or not the next monthly payment is actually paid;
(aa)
where the payment is in respect of a period which is not monthly, a period equal to the length of the period for which payment is made;”; and

(b)

omit paragraphs (4B) and (4D)(b)^f6.

(6)

In regulation 30 (calculation of earnings of self-employed earners)—

(a)

in paragraph (2) for “royalties or sums paid periodically for or in respect of any copyright” substitute “any items to which paragraph (2A) applies”; and

F1(b)

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

(7)

In regulation 35 (earnings of employed earners) omit paragraphs (1)(j)(i), (1A) and paragraph (3)(b)^f7.

(8)

In regulation 42 (notional income) omit paragraph 4ZA(c)(ia)^f8.

(9)

In each of the following provisions omit “or in the Preparation for Employment Programme for 50 plus”—

(a)

regulation 42(6A)(b)(i)^f9 (notional income); and

(b)

in Schedule 3 (housing costs)—

(i)

paragraph 4(4A)(a)^f10, and

(ii)

paragraph 14(1)(ee)(i), (3ZA)(a) and (3B)^f11.

(10)

In regulation 48 (income treated as capital) omit paragraph (11)^f12.

(11)

In regulation 51 (notional capital) omit paragraph (3A)(b)(ia)^f13.

F2(12)

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

(13)

In Schedule 1B (prescribed categories of person) omit paragraphs 26 and 27^f14.

(14)

In Schedule 2 (applicable amounts) in paragraph 7(1)(b)^f15 for “Department of Economic Development” substitute “ Department for Employment and Learning^f16”.

(15)

In Schedule 3 (housing costs)—

(a)

in paragraph 14(12)(c)(ii)^f17 omit the word “or”; and

(b)

omit paragraph 14(12)(c)(iii)^f18.

(16)

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 4A^f19 for “statutory sick pay under Part 1 of the Social Security and Housing Benefits Act 1982” substitute “ statutory sick pay under Part XI of, or ”;

(b)

for paragraph 28^f20 substitute—

“28.
(1)
Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children or powers to grant financial assistance to persons looked after or in, or formerly in, its care).
(2)
Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order to a person (“A”) which A passes on to the claimant.
(3)
Sub-paragraphs (1) and (2) are subject to the following provisions.
(4)
Neither of those sub-paragraphs applies where the claimant is a person—
(a)
to whom section 125 of the Contributions and Benefits Act (trade disputes) applies; or
(b)
in respect of whom section 122(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 126 of that Act (effect of return to work).
(5)
Sub-paragraph (2) applies only where A—
(a)
was formerly in the claimant’s care, and
(b)
is aged 18 or over, and
(c)
continues to live with the claimant.”;

(c)

omit paragraphs 41 and 42^f21; and

(d)

in paragraph 46^f22 omit “a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge) or reduction of”.

(17)

In Schedule 10 (capital to be disregarded)—

(a)

in paragraph 7(1) for head (b)^f23 substitute—

“(b)
an income-related benefit or an income-based jobseeker’s allowance, child tax credit or working tax credit under Part 1 of the Tax Credits Act 2002^f24.”;

(b)

in paragraph 10 omit “supplementary benefit or”;

(c)

for paragraph 17^f25 substitute—

“17.
(1)
Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children and powers to grant financial assistance to persons looked after or in, or formerly in, its care).
(2)
Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order to a person (“A”) which A passes on to the claimant.
(3)
Sub-paragraphs (1) and (2) are subject to the following provisions.
(4)
Neither of those sub-paragraphs applies where the claimant is a person—
(a)
to whom section 125 of the Contributions and Benefits Act (trade disputes) applies; or
(b)
in respect of whom section 122(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 126 of that Act (effect of return to work).
(5)
Sub-paragraph (2) applies only where A—
(a)
was formerly in the claimant’s care, and
(b)
is aged 18 or over, and
(c)
continues to live with the claimant.”;

(d)

omit paragraphs 32 and 33^f26; and

(e)

in paragraph 36^f27 omit “a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (reduction of liability for personal community charge) or reduction of”.

3Amendment of the Social Security (Claims and Payments) RegulationsI1

In paragraph 5 of Schedule 8A of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987^f1 (deductions from benefits and direct payments to third parties)—

(a)

in sub-paragraph (1)(c) at the beginning insert “except where sub-paragraph (1A) applies”;

(b)

after sub-paragraph (1) insert—

“(1A)
This sub-paragraph applies where the rent includes charges for services included under paragraph 4A(1)(d) and the arrears for these services exceed £100.00.”; and

(c)

in sub-paragraphs (2) and (5)^f2 for “sub-paragraph (1)” substitute “sub-paragraphs (1) or (1A)”.

4Amendment of the Jobseeker’s Allowance RegulationsI1

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) to (16).

(2)

In regulation 1(2) (interpretation)—

(a)

omit the definition of “Preparation for Employment Programme for 50 plus^f1”; and

(b)

in the definition of “training allowance” for “Department of Economic Development” in both places where it occurs substitute “Department for Employment and Learning”.

(3)

In regulation 14(1)(ja)^f2 (circumstances in which a person is to be treated as available) for “the Secretary of State for the Home Department with the Trust” substitute “the Scottish Ministers”.

(4)

In regulation 15(bc)^f3 (circumstances in which a person is not to be regarded as available)—

(a)

after “ordinary” insert “ or additional”; and

(b)

after “107A” insert “ or 107B”.

(5)

In regulation 19(1)(ja)^f4 (circumstances in which a person is to be treated as actively seeking employment) for “the Secretary of State for the Home Department with the Trust” substitute “the Scottish Ministers”.

(6)

In regulation 48(2)(f)(ii)^f5 (linking periods) omit “or in the Preparation for Employment Programme for 50 plus”.

(7)

In regulation 52(3)^f6 (persons treated as engaged in remunerative work) for “98(1)(b) and (c)” substitute “98(1)(c)”.

(8)

In regulation 75(4)^f7 (interpretation) omit “or the Preparation for Employment Programme for 50 plus”.

(9)

For regulation 94(2)(a)^f8 (calculation of earnings derived from employed earner’s employment and income other than earnings) substitute—

“(a)
where the payment is monthly, a period equal to the number of weeks from the date on which the payment is treated as paid immediately before the date on which the next monthly payment would have been so treated as paid whether or not the next monthly payment is actually paid;
(aa)
where the payment is in respect of a period which is not monthly, a period equal to the length of the period for which payment is made;”.

I2(10)

In regulation 95 (calculation of earnings of self-employed earners)—

(a)

in paragraph (2)^f9 for “royalties or sums paid periodically for or in respect of any copyright” substitute “any items to which paragraph (2A) applies”; and

F1(b)

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

(11)

In regulation 105 (notional income)—

(a)

omit paragraph (10A)(c)(ia)^f10 and

(b)

in paragraph (13A)(b)(i)^f11 omit “in the Preparation for Employment Programme for 50 plus or”.

(12)

In regulation 113(3A) (notional capital) omit sub-paragraph (b)(ia)^f12.

(13)

In Schedule 1 (applicable amounts)—

I3(a)

for paragraph 1(3)(e)^f13 for the entry in Column (1) substitute—

“(e)
where—
(i)
both members are aged not less than 18, or
(ii)
one member is aged not less than 18 and the other member is a person who is—
(aa)
under 18, and
(bb)
treated as being responsible for a child;”;

(b)

in paragraph 1(3)(f) in Column (1) after “where” insert “paragraph (e) does not apply and”; and

(c)

in paragraph 8(1)(b)^f14 for “Department of Economic Development” substitute “Department for Employment and Learning”.

(14)

In Schedule 2 (housing costs)—

(a)

in paragraphs 4(4A)(a), 13(1)(ee)(i) and (3A)(a)^f15 omit “or in the Preparation for Employment Programme for 50 plus”; and

(b)

in paragraph 13(14) omit head (c)(iii)^f16.

(15)

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a)

for paragraph 29^f17 substitute—

“29.
(1)
Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children or powers to grant financial assistance to persons looked after or in, or formerly in, its care).
(2)
Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order to a person (“A”) which A passes on to the claimant.
(3)
Sub-paragraphs (1) and (2) are subject to the following provisions.
(4)
Neither of those sub-paragraphs applies where the claimant is a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes).
(5)
Sub-paragraph (2) applies only where A—
(a)
was formerly in the claimant’s care, and
(b)
is aged 18 or over, and
(c)
continues to live with the claimant.”; and

(b)

in paragraph 45^f18 omit “a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates etc (Scotland) Act 1987 (reduction of liability for personal community charges) or reduction of”.

(16)

In Schedule 7 (capital to be disregarded)—

(a)

in paragraph 12(1)(b)^f19 omit “working families’ tax credit under section 127 of that Act, disabled person’s tax credit under section 128 of that Act,”;

(b)

for paragraph 22^f20 substitute—

“22.
(1)
Any payment made by an authority in accordance with Article 18, 34C, 34D or 35A of the Children Order (general duty of an authority to promote the welfare of children and powers to grant financial assistance to persons looked after or in, or formerly in, its care).
(2)
Any payment (or part of a payment) made by an authority in accordance with Article 34D of the Children Order to a member of the claimant’s household (“A”) which A passes on to the claimant.
(3)
Sub-paragraphs (1) and (2) are subject to the following provisions.
(4)
Neither of those paragraphs applies where the claimant is a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by Article 16 of the Order (trade disputes).
(5)
Sub-paragraph (2) only applies where A—
(a)
was formerly in the claimant’s care, and
(b)
is aged 18 or over, and
(c)
continues to live with the claimant.”;

(c)

in paragraph 35^f21 omit “a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates etc. (Scotland) Act 1987 (reduction of liability for personal community charge) or reduction of” and

(d)

in paragraph 40^f22 for “Department of Economic Development” substitute “Department for Employment and Learning”.

5Amendment of the State Pension Credit RegulationsI1

In paragraph 5(5)(a) of Schedule 2 to the State Pension Credit Regulations (Northern Ireland) 2003^f1 (housing costs) omit “or in the Preparation for Employment Programme for 50 plus”.

6Amendment of the Housing Benefit RegulationsI1

(1)

The Housing Benefit Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) to (7).

(2)

In regulation 2(1) (interpretation) omit the definition of “Preparation for Employment Programme for 50 plus”.

I2(3)

In regulation 34 (earnings of self-employed earners) after paragraph (2) add—

“(3)
This paragraph applies to—
(a)
royalties;
(b)
sums paid periodically for or in respect of any copyright;
(c)
payments in respect of any book registered under the Public Lending Right Scheme 1982.
(4)
Where the claimant’s earnings consist of any items to which paragraph (3) applies, those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the earnings by the amount of housing benefit which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from the payment under Schedule 5 (sums to be disregarded in the calculation of earnings) as appropriate in the claimant’s case.”.

(4)

Omit regulation 39(7)(c)(ii) (notional income) and regulation 46(4)(b)(ii) (notional capital).

(5)

In regulation 39(10)(b)(i) (notional income) omit “or in the Preparation for Employment Programme for 50 plus”

(6)

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a)

after paragraph 29 insert—

“29A.
(1)
Subject to sub-paragraph (2), any payment (or part of a payment) made by an authority as defined in Article 2 of the Children Order, in accordance with Article 34D of that Order to a person (“A”) which A passes on to the claimant.
(2)
Sub-paragraph (1) applies only where A—
(a)
was formerly in the claimant’s care, and
(b)
is aged 18 or over, and
(c)
continues to live with the claimant.”;

(b)

omit paragraphs 39 and 50; and

(c)

in paragraph 43^f1 omit “, as the case may be,”.

(7)

In Schedule 7 (capital to be disregarded)—

(a)

for paragraph 9(1)(b) substitute—

“(b)
an income-related benefit under Part VII of the Act;”;

(b)

after paragraph 20 insert—

“20A.
(1)
Subject to sub-paragraph (2), any payment (or part of a payment) made by an authority as defined in Article 2 of the Children Order, in accordance with Article 34D of that Order, to a person (“A”) which A passes on to the claimant.
(2)
Sub-paragraph (1) applies only where A—
(a)
was formerly in the claimant’s care, and
(b)
is aged 18 or over, and
(c)
continues to live with the claimant.”; and

(c)

omit paragraph 30.

7RevocationsI1

The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).

Signature

Sealed with the Official Seal of the Department for Social Development on 12th March 2008

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulation 6.

Sealed with the Official Seal of the Department of Finance and Personnel on 12th March 2008

(L.S.)

Adrian Arbuthnot

A senior officer of the Department of Finance and Personnel

RevocationsI1

Column (1) Citation	Column (2) Reference	Column (3) Extent of revocation
The Income Support (General) (Amendment) Regulations (Northern Ireland) 1988	S.R. 1988 No. 146	Regulation 37(d)
The Family Credit and Income Support (General) (Amendment) Regulations (Northern Ireland) 1989	S.R. 1989 No. 249	Regulation 12
The Income Support (General) (Amendment No. 3) Regulations (Northern Ireland) 1989	S.R. 1989 No. 365	Regulations 3, 11(a)(iii), and 15
The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations (Northern Ireland) 1996	S.R. 1996 No. 199	Regulation 26
The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1998	S.R. 1998 No. 2	Regulations 2(8)(d) and (9) and 8(7)(d) and (8)
The Social Security (1998 Order) (Commencement No. 8 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999	S.R. 1999 No. 371 (C. 28)	Article 9(4)(c)
The Social Security (New Deal Amendment) Regulations (Northern Ireland) 2001	S.R. 2001 No. 151	Regulations 2(a), 5(b), 6(a), 7, 9(a) and (b)(i), (ii)(aa) and (iii), 12(a) and (b)(i), (ii)(aa), (iii) and (iv), 13(2)(a), (3), (4), (5), (8) and (9)
The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003	S.R. 2003 No. 195	Paragraphs 24(a) of Schedule 1 and Schedule 2
The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments No. 3) Regulations (Northern Ireland) 2003	S.R. 2003 No. 338	Regulations 2(4) and 4(3)
The Children (Leaving Care) (2002 Act) (Commencement No. 2 and Consequential Provisions) Order (Northern Ireland) 2005	S.R. 2005 No. 319 (C. 23)	Paragraphs 3 of Schedule 1 and Schedule 3
The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007	S.R. 2007 No. 396	Regulations 4(5) and 4(6)(b)(ii)

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments to:

the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”);
the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (“the Claims and Payments Regulations”);
the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”);
the State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”); and
the Housing Benefit Regulations (Northern Ireland) 2006 (“the Housing Benefit Regulations”).

Regulations 2 and 4 to 6 amend the Income Support Regulations, the Jobseeker’s Allowance Regulations, the State Pension Credit Regulations and the Housing Benefit Regulations to remove references to an obsolete scheme known as the Preparation for Employment Programme for 50 plus.

Regulations 2, 4 and 6 amend the Income Support Regulations, the Jobseeker’s Allowance Regulations and the Housing Benefit Regulations so as to:

provide for the disregard of payments made by authorities to a person (“A”) formerly in care which are passed on to the person who looked after him and with whom A continues to live ;
ensure that payments in respect of royalties, copyright and books registered under the Public Lending Right Scheme are treated consistently in the benefits concerned;
remove obsolete references to benefits no longer in payment.

Regulations 2 and 4 amend the Income Support Regulations and the Jobseeker’s Allowance Regulations so as to clarify:

how monthly paid income is to be treated;
certain references to the Department for Employment and Learning.

Regulation 2 amends the Income Support Regulations so as to:

remove obsolete references to transitional categories of claimants which existed when Income Support was introduced;
remove an anomaly so that qualifying young persons do not have to claim Jobseeker’s Allowance for a short period at the end of the child benefit extension period.

Regulation 3 amends the Claims and Payments Regulations to ensure that direct payments for arrears of service charges for claimants living in a hostel can be made when the amount of arrears exceeds £100.

Regulation 4 amends the Jobseeker’s Allowance Regulations so as to:

ensure that, following the introduction of additional adoption leave in April 2007, any person on adoption leave is treated as not available for work;
amend references to Venture Trust programmes to reflect the fact they are now only funded through the Scottish Ministers;
remove an inconsistency in the applicable amount payable for a couple, where one member is aged over 18 and the other member is aged under 18 and treated as responsible for a child to ensure that the couple receive the full adult couple rate.

Regulation 7 makes consequential revocations.

In so far as these Regulations are required, for the purposes of regulation 6, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.

The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008

Annotations to the whole text

Footnotes

Contents