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The Social Security (Back to Work Bonus) Regulations (Northern Ireland) 1996

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Couples who separate where the separated partner has attained the age of 60

12.—(1) This regulation applies where—

(a)a person in receipt of a qualifying benefit has a partner;

(b)the partner has earnings;

(c)before a claim for a bonus based wholly or partly on those earnings is made, he and his partner separate (“the separated partner”), and

(d)the separated partner—

(i)has attained the age of 60 at the date of separation, or

(ii)does so within 12 weeks of the date of separation and does not claim a qualifying benefit before attaining that age.

(2) From and including the date of separation or, if later, the date the person attained the age of 60, any part of the bonus which, in accordance with regulation 8(1)(b) (amount payable), accrued by virtue of the separated partner’s earnings shall, except where paragraph (8) applies, accrue to the separated partner or in accordance with paragraph (7) (partners who form new relationships) and not to the other member of the couple.

(3) The amount which accrued to the separated partner in accordance with paragraph (2) or (5) shall be determined in accordance with the formula specified in regulation 11(3) (couples who separate where the partner has earnings).

(4) It is a condition of entitlement to the bonus that the separated partner—

(a)except where sub-paragraph (b) applies, makes a claim for the bonus within 12 weeks of the date of separation, or

(b)where at the date of separation, the separated partner is within 12 weeks of attaining the age of 60, makes a claim for a bonus within 12 weeks of attaining that age.

(5) A separated partner who makes a claim in accordance with paragraph (4) shall not be required to serve the period of waiting days specified in regulation 6.

(6) In the case of a person who—

(a)is a separated partner;

(b)claims income support within 12 weeks of the date of separation;

(c)at the date of separation had attained the age of 60, and

(d)before the date of separation had earnings which were taken into account in determining the amount of the couple’s earnings for the purpose of a qualifying benefit,

any part of the bonus which in accordance with regulation 8(1)(b) accrued by virtue of the separated partner’s earnings shall accrue to the separated partner and shall be payable to him if the claim for income support is determined in his favour.

(7) Where the separated partner becomes the partner of another recipient (“the new partner”) of a qualifying benefit within 12 weeks of the date of separation, then the new partner shall have the same rights to the accrued bonus as the person who was formerly the partner would have had on the day before the separation had the bonus been payable on that day.

(8) Where the conditions for entitlement to a bonus, other than the need to make a claim, are fulfilled before the date of separation, but the claim for the bonus is made after the date of separation, the bonus shall be payable to the person entitled to the qualifying benefit before those conditions were fulfilled and no part of it shall be paid to the separated partner.

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