The Social Security (Jobseeker’s Allowance and Payments on account) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996

Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations

3.—(1) The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988(1) shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 14(3) (quarterly diminution of capital), in the definition of “overpayment period”(2) after “income support” there shall be inserted “or an income-based jobseeker’s allowance”.

(3) In regulation 15(2)(d)(3) (recovery by deduction from prescribed benefits) for “or income-based jobseeker’s allowance” there shall be substituted “or a jobseeker’s allowance”.

(4) In regulation 16 (limitations on deductions from prescribed benefits)—

(a) in paragraph (4)(4) for “income support or income-based jobseeker’s allowance” there shall be substituted “benefit”;

(b) after paragraph (4) there shall be inserted the following paragraph—

“(4A) Paragraph (4) shall apply to the following benefits—

(a) income support;

(b) an income-based jobseeker’s allowance;

(c) where, if there was no entitlement to a contribution-based jobseeker’s allowance, there would be entitlement to an income-based jobseeker’s allowance at the same rate, a contribution-based jobseeker’s allowance.”, and

(c) after paragraph (5) there shall be inserted the following paragraphs—

“(5A) Regulation 15 shall apply to an amount of a contribution-based jobseeker’s allowance, other than a contribution-based jobseeker’s allowance to which paragraph (4) applies in accordance with paragraph (4A)(c), to which a person is presently entitled only to the extent that there may, subject to paragraphs 8 and 9 of Schedule 8A to the Claims and Payments Regulations(5) be recovered in respect of any one benefit week a sum equal to one third of the age-related amount applicable to the claimant under Article 6(1)(a) of the Jobseekers (Northern Ireland) Order 1995(6) (amount payable by way of a jobseeker’s allowance).

(5B) For the purposes of paragraph (5A) where the sum that would otherwise fall to be deducted includes a fraction of a penny, the sum to be deducted shall be rounded down to the nearest whole penny.”.

(1)

S.R. 1988 No. 142; relevant amending Regulations are S.R. 1992 No. 6 and S.R. 1996 No. 289

(2)

The definition was amended by regulation 14(5) of S.R. 1992 No. 6

(3)

Regulation 15(2)(d) was amended by regulation 15(3) of S.R. 1996 No. 289

(4)

Regulation 16(4) was amended by regulation 15(6)(a) of S.R. 1996 No. 289

(5)

Schedule 8A was inserted by the Schedule to S.R. 1988 No. 67. Paragraphs 8 and 9 were amended by S.R. 1989 Nos. 40 and 398, S.R. 1991 No. 488, S.R. 1992 No. 271 and S.R. 1993 No. 146

(6)

S.I. 1995/2705 (N.I. 15)