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The Social Security Pensions (Home Responsibilities) (Amendment) Regulations (Northern Ireland) 2008

S.R. 2008/88 · Made 6 March 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Security

Made 6th March 2008

Coming into operation 6th April 2008

The Department for Social Development makes the following Regulations in exercise of the powers conferred by section 171(3) and (5) of, and paragraph 5(7)(b) and (7A) of Schedule 3 to, the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 and now vested in itf2.

Annotations to the whole text

Footnotes

f1

1992 c.7; paragraph 5(7A) was inserted by section 36 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))

f2

See Article 8(b) of S.R. 1999 No. 481

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security Pensions (Home Responsibilities) Regulations
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security Pensions (Home Responsibilities) (Amendment) Regulations (Northern Ireland) 2008 and shall come into operation on 6th April 2008.

2Amendment of the Social Security Pensions (Home Responsibilities) Regulations

In regulation 2 of the Social Security Pensions (Home Responsibilities) Regulations (Northern Ireland) 1994f1 (preclusion from regular employment for the purpose of paragraph 5(7)(b) of Schedule 3 to the Act)—

(a)

in paragraph (2)—

(i)

after sub-paragraph (a) insert—

“(aa)

that child benefit awarded to his partner was payable in respect of a child under the age of 16;”,

(ii)

in sub-paragraph (b), for head (i) substitute—

“(i)

he is a person to whom paragraphs 4 to 6 of Schedule 1B to the Income Support (General) Regulations (Northern Ireland) 1987f2 apply, and”,

(iii)

in sub-paragraph (c)f3, at the end add “throughout the year 2003-04 or any subsequent year”.

(b)

After paragraph (4B)f4 insert—

“(4C)

In paragraph (2)(aa), “partner” means the person with whom he was both residing and sharing responsibility for the child throughout that year.”.

(c)

After paragraph (5)(a) insert—

“(aza)

if in the case of a person who satisfies the condition in paragraph (2)(aa)—

(i)

such information is not furnished as the Department may from time to time require which is relevant to the question of whether in that year he was precluded from regular employment by responsibilities at home within the meaning of these Regulations,

(ii)

he attained pensionable age on or before 5th April 2008 or, in relation to a claim for a bereavement benefit in respect of his death, he died on or before that date, or

(iii)

the aggregate of his partner’s earnings factors—

(aa)

in respect of any year preceding 2002-03;

(bb)

in respect of the year 2002-03 or any subsequent year, where those earnings factors are derived from so much of his earnings as do not exceed the upper earnings limit and upon which primary Class 1 contributions have been paid or treated as paid,

is less than the qualifying earnings factor for the year in question.”.

Signature

Sealed with the Official Seal of the Department for Social Development on 6th March 2008

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Social Security Pensions (Home Responsibilities) Regulations (Northern Ireland) 1994.

Regulation 2(a)(i), (b) and (c) enables the partner of a person getting child benefit for children under the age of 16, in certain circumstances, to get home responsibilities protection in their own right if their partner does not need that protection.

Regulation 2(a)(ii) updates an obsolete reference to the Income Support (General) Regulations (Northern Ireland) 1987. Regulation 2(a)(iii) clarifies the time from when foster parents can get home responsibilities protection.

These Regulations 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, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.