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The Income Support (General) (Amendment) Regulations (Northern Ireland) 1996

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Income Support (General) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 8th April 1996.

(2) These Regulations shall have effect in relation to any particular claimant from the beginning of the first benefit week to commence for that claimant on or after 8th April 1996 and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).

(3) In these Regulations “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(1).

(4) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment of Schedule 9 to the Income Support Regulations

2.  In Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 15A(3) there shall be inserted the following paragraph—

15B.(1) Subject to sub-paragraphs (2) and (3), where a claimant—

(a)is a person to whom regulation 19(4) (preserved rights to income support) or paragraph 14(5) or 16(6) of Schedule 7 (applicable amounts in special cases) applies;

(b)is not residing with his spouse; and

(c)at least 50 per cent. of any occupational pension of his is being paid to, or in respect of, his spouse for that spouse’s maintenance,

an amount equal to 50 per cent. of the pension or pensions concerned.

(2) Where a claimant is entitled to more than one occupational pension, those pensions shall be aggregated for the purposes of sub-paragraph (1).

(3) This paragraph shall not have effect in respect of that part of any occupational pension to which a spouse is legally entitled whether under a court order or not..

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

L.S.

W. G. Purdy

Assistant Secretary

7th March 1996.

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