The Social Security (Provisions relating to Qualifying Young Persons) (Amendment) Regulations (Northern Ireland) 2006
S.R. 2006/158 · Made 27 March 2006
SOCIAL SECURITY
Made 27th March 2006
Coming into operation 10th April 2006
The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 82(4), 85(4), 86A, 90(b), 114(1), 121(5) and 171(1) and (3) of, and paragraph 6(1)(b) and (5) of Schedule 7 to, the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 and sections 1(1C) and 165(1) and (4) of the Social Security Administration (Northern Ireland) Act 1992f2 and now vested in itf3.
Annotations to the whole text
Footnotes
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1992 c. 7; Section 82(4) was amended by paragraph 89(c) of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and paragraph 31 of Schedule 1 to the Child Benefit Act 2005 (c. 6). Section 85(4) was amended by paragraph 14(d) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22) and paragraph 91(6) of Schedule 24 to the Civil Partnership Act 2004. Section 86A was inserted by Article 4(4) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)). Section 90 was amended by paragraph 25 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), Schedule 6 to the Tax Credits Act 2002 (c. 21) and Article 2(2)(a)(iv) of S.R. 2002 No. 321. Section 114(1) was amended by paragraph 33(2) of Schedule 1 to the Child Benefit Act 2005. Section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002. Paragraph 6(1)(b) of Schedule 7 was amended by paragraph 105(4)(a) of Schedule 24 to the Civil Partnership Act 2004 and paragraph 42(4) of Schedule 1 to the Child Benefit Act 2005
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1992 c. 8; section 1(1C) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)). 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 (S.I. 1999/671)
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See Article 8(b) of S.R. 1999 No. 481
Contents
- 1Citation and commencement
- 2Amendment of the Social Security Benefit (Dependency) Regulations
- 3Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations
- 4Amendment of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations
- Signature
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Social Security (Provisions relating to Qualifying Young Persons) (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 10th April 2006.
2Amendment of the Social Security Benefit (Dependency) Regulations
The Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977f1 shall be amended in accordance with paragraphs (2) to (4).
In regulation 10 (increase of benefit for person having care of child)—
in the headingf2, after “child” there shall be added “or qualifying young person”;
in paragraph (1)f3, after “children” there shall be inserted “or a qualifying young person or persons”; and
in paragraph (2)—
in sub-paragraph (a)f4, after “child” there shall be inserted “or qualifying young person”, and
in sub-paragraph (e)f5—
in head (i), after “children” there shall be inserted “or a qualifying young person or persons”, and
in head (ii), after “children” there shall be inserted “or qualifying young person or persons”.
In regulation 11(1)f6 (contribution to maintenance of adult dependant), after “child” (in each place where it occurs) there shall be inserted “or qualifying young person”.
In Schedule 2 (increase of carer’s allowance for adult dependants), in paragraph 7(b)f7—
after “not being a child” there shall be inserted “or qualifying young person”; and
after “children” (in each place where it occurs) there shall be inserted “or a qualifying young person or persons”.
3Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations
The Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979f1 shall be amended in accordance with paragraphs (2) to (4).
In regulation 16 (provision in relation to entitlement to child benefit for the purposes of a widowed mother’s allowance)—
in paragraph (1)—
in sub-paragraph (a)f2, for the words from “any person” to “a child falling” there shall be substituted “any person under the age of 20 residing with the widow shall be deemed to be”, and
in sub-paragraph (b), “a child falling” shall be omitted;
in paragraph (2), after “any child” there shall be inserted “or qualifying young person”; and
in paragraph (3), after “the child” there shall be inserted “or qualifying young person”.
In regulation 16ZAf3 (provision in relation to entitlement to child benefit for the purposes of a widowed parent’s allowance)—
in paragraph (1), after—
“a child” (in each place where it occurs),
“that child”, and
“the child” (in each place where it occurs),
there shall be inserted “or qualifying young person”; and
in paragraph (2), after “any child” there shall be inserted “or qualifying young person”.
In regulation 16Af4 (disapplication of section 1(1A) of the Administration Act for the purposes of widowed mother’s allowance or widowed parent’s allowance), after “child” there shall be inserted “or qualifying young person”.
4Amendment of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations
The Social Security (Incapacity Benefit – Increases for Dependants) Regulations (Northern Ireland) 1994f1 shall be amended in accordance with paragraphs (2) to (4).
In regulation 9f2 (increase of incapacity benefit for adult dependants and persons having the care of children)—
in the heading, after “children” there shall be added “or qualifying young persons”; and
in paragraph (1), after “a child” (in each place where it occurs), there shall be inserted “or qualifying young person”.
In regulation 10(3) and (4) (earnings rules for increases for adult dependants), after “child” (in each place where it occurs) there shall be inserted “or qualifying young person”.
In regulation 12(1)f3 (contribution to maintenance of adult dependant), after “child” (in each place where it occurs) there shall be inserted “or qualifying young person”.
Signature
Sealed with the Official Seal of the Department for Social Development on 27th March 2006.
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—
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regulations 10 and 11 of, and paragraph 7(b) of Schedule 2 to, the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977,
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regulations 16, 16ZA and 16A of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979, and
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regulations 9, 10 and 12 of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations (Northern Ireland) 1994,
to reflect the fact that persons in respect of whom child benefit is payable after their 16th birthday are no longer referred to as children, but as qualifying young persons, by virtue of the Child Benefit Act 2005.
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.