The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2006

Amendment of the Jobseeker’s Allowance Regulations

13.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 shall be amended in accordance with paragraphs (2) to (15).

(2) In regulation 1(2) (interpretation) in the definition of “benefit week” after “regulation 23” each time that it occurs insert “or regulation 23A”.

(3) In regulation 14 (circumstances in which a person is to be treated as available)—

(a) in paragraph (1)(q)(1) after “justice of the peace,” insert “a lay magistrate,”; and

(b) for paragraph (7)(2) substitute—

“(7) In this regulation, “tribunal” means—

(a) any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992; or

(b) any tribunal established under an enactment.”.

(4) In—

(a) regulation 18(3)(f)(v) (steps to be taken by persons actively seeking employment);

(b) regulation 53(d)(iv) (persons treated as not engaged in remunerative work);

(c) paragraphs 9(1)(d) and 19(a)(i)(3) of Schedule 5 (sums to be disregarded in the calculation of earnings); and

(d) paragraph 5(a)(i) of Schedule 5A(4) (sums to be disregarded in the calculation of earnings of members of joint-claim couples),

for “Schedule 3 to the Social Security (Contributions) Regulations 1979” substitute “Schedule 6 to the Social Security (Contributions) Regulations 2001”.

(5) In regulation 19 (circumstances in which a person is to be treated as actively seeking employment)—

(a) in paragraph (1)(u)(5) after “justice of the peace,” insert “a lay magistrate,”; and

(b) in paragraph (3) for the definition of “tribunal”(6) substitute—

““tribunal” means—

(a)

any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992; or

(b)

any tribunal established under an enactment.”.

(6) In regulation 98(1)(i)(7) (earnings of employed earners) for “regulation 18(22) to (25) of the Social Security (Contributions) Regulations (Northern Ireland) 1979 (calculation of earnings)” substitute “Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001”.

(7) In regulation 110(4) (income treated as capital) for “or 17” substitute “, 17 or 41”.

(8) In regulation 134 (relationship with amounts to be disregarded under Schedule 6) omit from “and any other income” to the end.

(9) In regulation 159(b) (modifications of Article 4 of the Order) in the definition of “special Class 2 contributions” for “regulation 96(c) of the Social Security (Contributions) Regulations (Northern Ireland) 1979” substitute “regulation 125(c) of the Social Security (Contributions) Regulations 2001”.

(10) In regulation 166 (modification of contribution conditions for volunteer development workers) for “Case E of Part VIII of the Social Security (Contributions) Regulations (Northern Ireland) 1979 (volunteer development workers)” substitute “Case G of Part 9 of the Social Security (Contributions) Regulations 2001”.

(11) In Schedule A1(8) (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order), for paragraph 15(9) (members required to attend a court or tribunal) substitute—

“Members required to attend a court or tribunal

15.— (1) A member who is required to attend a court or tribunal as a justice of the peace, a lay magistrate, a party to any proceedings, a witness or a juror.

(2) In this paragraph, “tribunal” means—

(a) any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992; or

(b) any tribunal established under an enactment.”.

(12) In—

(a) paragraphs 12(3)(10), 20F(3)(11), 20H(2) of Schedule 1 (applicable amounts); and

(b) paragraphs 13(4A)(b)(12) and (12)(13) of Schedule 2 (housing costs),

for “52 weeks” substitute “104 weeks”.

(13) In Schedule 2 (housing costs)—

(a) after paragraph 1(3)(c) add—

“; or

(d) who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002.”; and

(b) for paragraph 3(7)(c) (circumstances in which a person is to be treated as occupying a dwelling as his home) for head (ii) substitute—

“(ii) the move was delayed pending the outcome of an application under Part VIII of the Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and—

(aa) a member of the claimant’s family is aged five or under,

(bb) the claimant’s applicable amount includes a premium under paragraph 10, 11, 12, 13, 15 or 16 of Schedule 1 (applicable amounts), or

(cc) a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002, or”.

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

(a) in paragraph 15(14)—

(i) for sub-paragraph (1) substitute—

“(1) Subject to sub-paragraph (3) and paragraph 41, any relevant payment made or due to be made at regular intervals.”,

(ii) in sub-paragraph (3) for “Sub-paragraphs (1) and (2)” substitute “Sub-paragraph (1)”, and

(iii) omit sub-paragraphs (2), (4) and (5);

(b) omit paragraph 16(15);

(c) for paragraph 27(16) for sub-paragraph (b) substitute—

“(b) a juvenile justice centre, within the meaning of Article 51(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998, under Article 43(2) of that Order to a person who is caring for a child and with whom that child is in the charge of under paragraph 4 of Schedule 2 to that Order.”;

(d) in paragraph 28(17) for sub-paragraph (b) substitute—

“(b) made to the claimant or his partner for a person who is not normally a member of the claimant’s household but is temporarily in his care by a juvenile justice centre within the meaning of Article 51(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998.”;

(e) in paragraph 32(1)(18) omit “but not a payment to which paragraph 16 applies”; and

(f) in paragraph 38(19) for “paragraphs 15(1) and 17” substitute “paragraph 17”.

(15) In Schedule 7 (capital to be disregarded)—

(a) in paragraph 17 after “claimant” insert “or the claimant’s partner”;

(b) after paragraph 17 insert—

“17A.— (1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.

(2) But sub-paragraph (1)—

(a) applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;

(b) does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);

(c) ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

(d) does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

(3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

(4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).”; and

(c) for paragraph 41(20) substitute—

“41.   Any sum of capital to which sub-paragraph (2) applies and—

(a) which is administered on behalf of a person by the High Court under the provisions of Order 80 or 109 of the Rules of the Supreme Court (Northern Ireland) 1980 or by a County Court under Order 44 of the County Court Rules (Northern Ireland) 1981 or Article 21 of the County Courts (Northern Ireland) Order 1980;

(b) which can only be disposed of by order or direction of any such court; or

(c) where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.

(2) This sub-paragraph applies to a sum of capital which is derived from—

(a) an award of damages for a personal injury to that person; or

(b) compensation for the death of one or both parents where the person concerned is under the age of 18.”.

(1)

Sub-paragraph (q) was added by regulation 3(3)(b) of S.R. 2006 No. 234

(2)

Paragraph (7) was added by regulation 3(3)(d) of S.R. 2006 No. 234

(3)

Paragraph 19 was substituted by regulation 2(20) of S.R. 1996 No. 503

(4)

Schedule 5A was inserted by paragraph 58 of Schedule 2 to S.R. 2000 No. 350

(5)

Sub-paragraph (u) was added by regulation 3(4)(b) of S.R. 2006 No. 234

(6)

The definition of “tribunal” was inserted by regulation 3(4)(d) of S.R. 2006 No. 234

(7)

Sub-paragraph (i) was added by regulation 2(5)(a) of S.R. 1999 No. 249

(8)

Schedule A1 was inserted by regulation 2(4) of, and Schedule 1 to, S.R. 2000 No. 350

(9)

Paragraph 15 was substituted by regulation 3(6) of S.R. 2006 No. 234

(10)

Sub-paragraph (3) was added by regulation 11(3) of S.R. 1998 No. 324

(11)

Paragraphs 20F and 20H were inserted by paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350

(12)

Sub-paragraph (4A) was inserted by regulation 2(2)(b) of S.R. 1999 No. 315

(13)

Sub-paragraph (12) was added by regulation 11(4) of S.R. 1998 No. 324 and amended by regulation 12(b)(ii) of S.R. 2001 No. 78

(14)

Paragraph 15(1) was amended by regulation 3(1)(a) of S.R. 2002 No. 299; sub-paragraph (2) was amended by paragraph 23(b)(i) of Part II of the Schedule to S.R. 2002 No. 132 and regulation 3(1)(b) of S.R. 2002 No. 299; sub-paragraph (4) was amended by regulation 3(1)(c) of S.R. 2002 No. 299

(15)

Paragraph 16 was amended by paragraph 23(c) of Part II of the Schedule to S.R. 2002 No. 132 and paragraph 14(a) of Schedule 3 to S.R. 2005 No. 458

(16)

Paragraph 27 was substituted by regulation 8(7)(b) of S.R. 1998 No. 2

(17)

Paragraph 28 was substituted by regulation 4(1) and (2)(e) of S.R. 1998 No. 81

(18)

Paragraph 32 was amended by paragraph 14(b) of Schedule 3 to S.R. 2005 No. 458

(19)

Paragraph 38 was amended by regulation 5(12) of S.R. 1997 No. 130 and regulation 3(9) of S.R. 2000 No. 242

(20)

Paragraph 41 was amended by regulation 7(5) and (6)(e) of S.R. 1997 No. 412