Search Legislation

The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1997

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1997 and shall come into operation—

(a)for the purposes of this regulation and of regulations 2 and 6, on 21st March 1997;

(b)for the purposes of regulation 8, on 6th April 1997, and

(c)for all other purposes, on 7th April 1997.

(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to a Measure of the Assembly.

Amendment of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations

2.  In section 35(9) of the National Insurance Act (Northern Ireland) 1966(2), as continued in force by regulation 2(3) of, and Schedule 1 to, the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978(3) for “regulation 9(5) of the Jobseeker’s Allowance (Transitional Provisions) Regulations (Northern Ireland) 1996” there shall be substituted “regulation 10(6) of the Jobseeker’s Allowance (Transitional Provisions) (No. 2) Regulations (Northern Ireland) 1996(4)”.

Amendment of the Social Security (General Benefit) Regulations

3.  In regulation 9 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984(5) (payment of benefit and suspension of payments pending a decision on appeals or references, arrears and repayments) paragraphs (5), (6) and (6A) shall be omitted.

Amendment of the Income Support (General) Regulations

4.  In regulation 35 of the Income Support (General) Regulations (Northern Ireland) 1987(6) (earnings of employed earners)—

(a)in paragraph (2)(7) after sub-paragraph (d) there shall be added the following sub-paragraph—

(e)any lump sum payment made under the Iron and Steel Employees Re-adaptation Benefits Scheme(8);

(b)in paragraph (3)(a)(ii)(9) for “(d)” there shall be substituted “(e)”.

Amendment of the Jobseeker’s Allowance Regulations

5.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(10) shall be amended in accordance with paragraphs (2) to (12).

(2) In regulation 1(2) (interpretation), in the definition of “week”(11) after “in” there shall be inserted “the definition of “full-time student” and”.

(3) In regulation 51(1)(12) (remunerative work) for “work is work” there shall be substituted “ “work” is work”.

(4) In regulation 72 (good cause for the purposes of Article 21(5)(a) and (6)(c) and (d) of the Order)—

(a)in paragraph (5) sub-paragraph (c) shall be omitted;

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

(5A) A person is to be regarded as having good cause for any act or omission for the purposes of Article 21(6)(c) and (d) of the Order if—

(a)in a case where it has been agreed that the claimant may restrict his hours of availability to less than 24 hours a week, the employment in question is for less than 16 hours a week, or

(b)in a case not falling within sub-paragraph (a), the employment is for less than 24 hours a week..

(5) In regulation 75 (interpretation for the purposes of Article 21 of the Order and Part V)—

(a)in paragraph (2) after “regulation 69 (prescribed period)” there shall be inserted “and the first occasion on which the word occurs in regulation 72(5A)(a)(13)”;

(b)in paragraph (3) for “and regulation 69” there shall be substituted “, regulation 69 and the first occasion on which the word occurs in regulation 72(5A)(a)”.

(6) In regulation 80(1) (deductions in respect of earnings) for “week” there shall be substituted “benefit week”.

(7) In regulation 81(2)(14) (payments by way of pensions) for sub-paragraph (c) there shall be substituted the following sub-paragraph—

(c)any payments from a personal pension scheme, an occupational pension scheme or a public service pension scheme which are payable to him and which arose in accordance with the terms of such a scheme on the death of a person who was a member of the scheme in question..

(8) In regulation 85(1) (applicable amounts in special cases) for “capital if calculated” there shall be substituted “capital, if calculated”.

(9) In regulation 97(1)(15) (calculation of weekly amount of income) for “(6)” there shall be substituted “(7)”.

(10) In regulation 98(2)(16) (earnings of employed earners) after sub-paragraph (f) there shall be added the following sub-paragraph—

(g)any lump sum payment made under the Iron and Steel Employees Re-adaptation Benefits Scheme.

(11) In regulation 103(5) (calculation of income other than earnings) for “week” there shall be substituted “benefit week”.

(12) In paragraph 38 of Schedule 6 (disregard of sums in the calculation of income other than earnings) for “week” there shall be substituted “benefit week”.

Amendment of the Jobseeker’s Allowance (Transitional Provisions) (No. 2) Regulations

6.—(1) The Jobseeker’s Allowance (Transitional Provisions) (No. 2) Regulations (Northern Ireland) 1996(17) shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 8(6) (claims for entitlement to a jobseeker’s allowance) after “applies” there shall be inserted “or 156 days in a case to which paragraph (5) applies”.

(3) In regulation 9(3)(b) (further provisions applying to a continuing entitlement to a jobseeker’s allowance)—

(a)at the end of head (i) there shall be inserted “or”;

(b)in head (ii) after “that day” there shall be inserted “is after the last day of the transitionally protected period and”;

(c)at the end of head (ii) “, or” shall be omitted;

(d)head (iii) shall be omitted.

(4) In regulation 10(7) (transitionally protected period) after “paragraph 1 of” there shall be inserted “Part I of”.

Amendment of the Social Security (Back to Work Bonus) (No. 2) Regulations

7.—(1) The Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 1996(18) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 18(3) (death) after “regulation 6 (waiting period)” there shall be inserted “where that partner becomes entitled to a qualifying benefit no more than 12 weeks after the date of death”.

(3) In regulation 19(6) (trade disputes) for “the partner’s earnings” there shall be substituted “that partner’s or that person’s earnings”.

Amendment of the Social Security (Child Maintenance Bonus) Regulations

8.—(1) The Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996(19) shall be amended in accordance with paragraphs (2) to (8).

(2) In regulation 1 (citation, commencement and interpretation)—

(a)in paragraph (2) in the definition of “child maintenance”, in paragraph (b) for “to a parent with care” there shall be substituted “to a person with care”, and

(b)in paragraph (7) after “these Regulations” there shall be inserted “other than regulation 4 (bonus period)”.

(3) In regulation 3 (entitlement to a bonus) after paragraph (1) there shall be inserted the following paragraph—

(1A) In the case of an applicant who satisfies the requirements of paragraph (1)(f) but whose entitlement, or whose partner’s entitlement, to a qualifying benefit ceased otherwise than as a result of satisfying the work condition, for sub-paragraph (d) of paragraph (1) there shall be substituted the following sub-paragraph—

(d)had the work condition been satisfied on the day he, or his partner, was last entitled to a qualifying benefit, that entitlement would as a consequence have ceased;.

(4) In regulation 4 (bonus period)—

(a)in paragraph (1) after “7th April 1997” there shall be inserted “, other than days to which paragraph (9) applies,” and in sub-paragraph (c) for head (i) there shall be substituted the following head—

(i)taken into account in determining, for the purposes of the qualifying benefit, the amount of the claimant’s income;;

(b)in paragraph (3)(b) head (i) shall be omitted;

(c)in paragraph (7) for sub-paragraph (b) there shall be substituted the following sub-paragraph—

(b)on the date of death of a person with care of a qualifying child to whom child maintenance is payable., and

(d)after paragraph (7) there shall be added the following paragraphs—

(8) In paragraphs (1)(c)(i) and (9) “claimant”—

(a)where the qualifying benefit is income support, means a person who claims income support; and

(b)where the qualifying benefit is a jobseeker’s allowance, means a person who claims a jobseeker’s allowance.

(9) This paragraph applies to days on which the claimant is a person to whom—

(a)regulation 70 of the Income Support (General) Regulations (Northern Ireland) 1987(20) (urgent cases) applies other than by virtue of paragraph (2)(a) of that regulation (certain persons from abroad); or

(b)regulation 147 of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(21) (urgent cases) applies other than by virtue of paragraph (2)(a) of that regulation (certain persons from abroad)..

(5) In regulation 5 (amount payable) paragraphs (2) and (4) shall be omitted.

(6) In regulation 6(1) (Department to issue estimates) for “who is in receipt of a qualifying benefit” there shall be substituted “with care” and for “the person in receipt of the qualifying benefit” there shall be substituted “that person”.

(7) In regulation 7(1)(a) (death of a person with care of a child) for “child in respect of whom child maintenance is payable dies;” there shall be substituted “qualifying child to whom child maintenance is payable dies;”.

(8) In regulation 10(1) (claiming a bonus)—

(a)in sub-paragraph (b) “or entitlement to the qualifying benefit” shall be omitted;

(b)for sub-paragraph (c) there shall be substituted the following sub-paragraph—

(c)Where—

(i)a person with care cares for one child only, and

(ii)that child dies,

in the period not exceeding 12 months which begins on and includes the date the child died and throughout which he, or where he has a partner, his partner is entitled to a qualifying benefit; or.

Revocation

9.  The Social Security (General Benefit) (Amendment) Regulations (Northern Ireland) 1984(22) are hereby revoked.

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

L.S.

John O'Neill

Assistant Secretary

6th March 1997.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources