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The Income-Related Benefits (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1996

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Statutory Rules of Northern Ireland

1996 No. 291

HOUSING; RATES; SOCIAL SECURITY

The Income-Related Benefits (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1996

Made

17th July 1996

Coming into operation in accordance with regulation 1(1)

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 122(1), 129(2) and (4) and 132(3) and (4)(b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and of all other powers enabling it in that behalf, with the consent of the Department of the Environment for Northern Ireland(2) in so far as relates to regulation 2(b) of these Regulations, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(3)), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Income-Related Benefits (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1996 and shall come into operation as follows—

(a)regulation 1 on 1st August 1996;

(b)regulation 2(a)—

(i)in a case where a student’s period of study begins on or after 1st August 1996 but before 1st September 1996, on the first day of that period;

(ii)in any other case, on 1st September 1996,

so, however, that regulation 2(a) shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after the day mentioned in head (i) or the date mentioned in head (ii), whichever applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations;

(c)regulations 2(b) and 3—

(i)in a case where a student’s period of study begins or or after 1st August 1996 but before 1st September 1996, on the first Monday of that period;

(ii)in any other case, on 2nd September 1996;

(d)regulation 2(c) and (d)—

(i)in a case where a student’s period of study begins or or after 1st August 1996 but before 1st September 1996, on the first Tuesday of that period;

(ii)in any other case, on 3rd September 1996, and

(e)regulation 4 on 3rd September 1996.

(2) In these Regulations—

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(4);

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(5).

(3) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment to the calculation of a student’s grant income

2.  In the following provisions (which all relate to the calculation of a student’s grant income) for “£278” in each place where it occurs there shall be substituted “£280”—

(a)regulation 62(2)(g) of the Income Support Regulations;

(b)regulation 53(2)(g) of the Housing Benefit Regulations;

(c)regulation 38(2)(f) of the Family Credit (General) Regulations (Northern Ireland) 1987(7);

(d)regulation 42(2)(e) of the Disability Working Allowance (General) Regulations (Northern Ireland) 1992(8).

Amendment of regulation 51 of the Housing Benefit Regulations

3.  In regulation 51(1) of the Housing Benefit Regulations (eligible rent) for “£17·40” there shall be substituted “£17·45”.

Revocation

4.  Regulations 3, 4 and 5 of the Social Security Benefits (Miscellaneous Amendments) Regulations (Northern Ireland) 1995(9) are hereby revoked.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

D. G. Ferguson

Assistant Secretary

17th July 1996.

The Department of the Environment for Northern Ireland hereby consents to regulation 2(b) of the foregoing Regulations.

Sealed with the Official Seal of the Department of the Environment for Northern Ireland on

L.S.

R. E. Aiken

Assistant Secretary

17th July 1996.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Family Credit (General) Regulations (Northern Ireland) 1987 and the Disability Working Allowance (General) Regulations (Northern Ireland) 1992.

Regulation 2 increases, from £278 to £280, the amount to be allowed in respect of the cost of books and equipment in calculating a student’s grant income.

Regulation 3 increases, from £17·40 to £17·45, the amount of the deduction to be made in calculating a student’s eligible rent for housing benefit purposes.

Regulation 4 contains a consequential revocation.

In so far as these Regulations are required, for the purposes of regulation 2(b), to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise these Regulations correspond to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

(2)

See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8))

(3)

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

(4)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1995 No. 280

(5)

S.R. 1987 No. 461; relevant amending Regulations are S.R. 1995 No. 280

(7)

S.R. 1987 No. 463; relevant amending Regulations are S.R. 1995 No. 280

(8)

S.R. 1992 No. 78; relevant amending Regulations are S.R. 1995 No. 280

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