The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2004

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2004 and shall come into operation on 4th October 2004.

(2) In these Regulations –

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(1);

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(2);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(3).

(3) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendments relating to the Skipton Fund

2.—(1) In each of the provisions specified in paragraph (2) (notional capital) for “or the Independent Living Funds” there shall be substituted “, the Independent Living Funds or the Skipton Fund”.

(2) The provisions specified for the purposes of paragraph (1) are –

(a) regulation 43(3A)(a) of the Housing Benefit Regulations(5);

(b) regulation 51(3A)(a) of the Income Support Regulations(6);

(c) regulation 113(3A)(a) of the Jobseeker’s Allowance Regulations(7).

(3) In each of the provisions specified in paragraph (4) (sums to be disregarded in the calculation of income other than earnings) for “and the Eileen Trust” there shall be substituted “, the Eileen Trust and the Skipton Fund”.

(4) The provisions specified for the purpose of paragraph (3) are –

(a) paragraph 37(7) of Schedule 4 to the Housing Benefit Regulations(8);

(b) paragraph 39(7) of Schedule 9 to the Income Support Regulations(9).

(5) After paragraph 41(6) of Schedule 6 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph –

“(7) For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Skipton Fund.”.

(6) In regulation 73(3)(a)(ii) of the Housing Benefit Regulations(10) (evidence and information) for “or the Eileen Trust” there shall be substituted “, the Eileen Trust or the Skipton Fund”.

Amendments relating to special guardianship allowances

3.—(1) After sub-paragraph (e) in each of the provisions specified in paragraph (2) (sums to be disregarded in the calculation of income other than earnings) there shall be added the following sub-paragraph –

“(f) in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services)(11),”.

(2) The provisions specified for the purposes of paragraph (1) are –

(a) paragraph 25(1) of Schedule 4 to the Housing Benefit Regulations(12);

(b) paragraph 25(1) of Schedule 9 to the Income Support Regulations(13);

(c) paragraph 26(1) of Schedule 6 to the Jobseeker’s Allowance Regulations(14).

(3) After paragraph 64 of Schedule 10 to the Income Support Regulations(15) (capital to be disregarded) there shall be inserted the following paragraph –

“64A.   Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).”.

(4) After paragraph 66 of Schedule 5 to the Housing Benefit Regulations(16) (capital to be disregarded) there shall be inserted the following paragraph –

“66A.   Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).”.

(5) After paragraph 57 of Schedule 7 to the Jobseeker’s Allowance Regulations(17) (capital to be disregarded) there shall be inserted the following paragraph –

“57A.   Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).”.

Further amendment of the Income Support Regulations

4.—(1) In regulation 12(2) of the Income Support Regulations(18) (relevant education) –

(a) in sub-paragraph (a) for “a higher national diploma or higher national certificate of either the Business & Technology Education Council or the Scottish Vocational Education Council” there shall be substituted “a higher national certificate”;

(b) for sub-paragraph (b) there shall be substituted the following sub-paragraph –

“(b) any other course which is a course of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level) or a Scottish national qualification (higher or advanced higher).”.

(2) In regulation 42 of the Income Support Regulations (notional income) –

(a) in paragraph (6A)(c)(ii)(19) from “, but this sub-paragraph” to the end of the sub-paragraph shall be omitted;

(b) paragraphs (6B) and (6C) shall be omitted.

Sealed with the Official Seal of the Department for Social Development on 9th September 2004.

L.S.

John O'Neill

A Senior Officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulations 2(1), (2)(a), (3), (4)(a) and (6) and 3(1), (2)(a) and (4) of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 10th September 2004.

L.S.

Ciaran Doran

A Senior Officer of the

Department of Finance and Personnel