The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1998

Amendment of the Jobseeker’s Allowance Regulations

8.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(1) shall be amended in accordance with paragraphs (2) to (8).

(2) In regulation 57 (interpretation) for paragraph (3) there shall be substituted the following paragraph—

“(3) In this regulation any reference to a person acting in place of a person’s parents includes a reference to—

(a) where the person is being looked after by an authority, as defined in Article 2 of the Children Order, or voluntary organisation which places him with a family, a relative of his, or some other suitable person, the person with whom the person is placed, whether or not any payment is made to him in connection with the placement, or

(b) in any other case, any person with parental responsibility for the child, and for this purpose “parental responsibility” has the meaning it has in the Children Order by virtue of Article 6 of that Order.”.

(3) In regulation 60(1)(a)(2) (young persons at the end of the child benefit extension period) for the words from “a Health and Social Services Board” to “the Department)” there shall be substituted “an authority, as defined in Article 2 of the Children Order, under Part IV of that Order (support for children and their families)”.

(4) In regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household)—

(a) in paragraph (4) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

“(a) placed with the claimant or his partner by an authority under Article 27(2)(a) of the Children Order (provision of accommodation and maintenance by an authority for children whom it is looking after) or by a voluntary organisation under Article 75(1)(a) of that Order (provision of accommodation by voluntary organisations);

(b) placed with the claimant or his partner prior to adoption, or”;

(b) in paragraph (5) for sub-paragraphs (d) and (e) there shall be substituted the following sub-paragraphs—

“(d) is being looked after by an authority under a relevant enactment;

(e) has been placed with a person other than the claimant prior to adoption;”;

(c) in paragraph (9) after “this regulation” there shall be inserted—

• “—

• “an authority” has the same meaning as in Article 2 of the Children Order;”.

(5) In regulation 104(3)(3) (capital treated as income) for the words from “a Health and Social Services Board” to the end there shall be substituted “an authority, as defined in Article 2 of the Children Order, under Article 18, 35 or 36 of that Order (general duty of an authority to promote the welfare of children and powers to grant financial assistance to persons looked after or in, or formerly in, its care) shall be treated as income.”.

(6) In Schedule 3 (applicable amounts of persons in residential care and nursing homes) in paragraph 9(2)(d)(4) (circumstances in which the maximum is not to apply) for paragraph (ii) there shall be substituted the following paragraph—

“(ii) by an authority, as defined in Article 2 of the Children Order, under Article 21 of that Order (provision of accommodation for children: general), and”.

(7) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 26(1) for heads (a) and (b) there shall be substituted the following heads—

“(a) in accordance with regulations made under Article 59A of the Adoption (Northern Ireland) Order 1987 (permitted allowances);

(b) in accordance with regulations made under section 57A of the Adoption Act 1976 (permitted allowances) or with a scheme approved by the Secretary of State under section 51 of the Adoption (Scotland) Act 1978 (schemes for payment of allowances to adoptors);”;

(b) for paragraph 27(5) there shall be substituted the following paragraph—

“27.   Any payment made by—

(a) an authority to a person who is caring for a child by virtue of arrangements made under Article 27(2)(a) of the Children Order (provision of accommodation and maintenance by an authority for children whom it is looking after) or by a voluntary organisation under Article 75(1)(a) of that Order (provision of accommodation by voluntary organisations), or

(b) a training school, within the meaning of section 137 of the Children and Young Persons Act (Northern Ireland) 1968(6) (approval of schools), under paragraph 14(2) of Schedule 5 to that Act to a person who is caring for a child and with whom that child lives or is boarded out under paragraph 6, 7 or 8 of Schedule 5 to that Act(7).”;

(c) in paragraph 28 for “a Health and Social Services Board or an HSS trust” there shall be substituted “an authority”;

(d) in paragraph 29(8) for the words from “a Health and Social Services Board” to the end there shall be substituted “an authority under Article 18, 35 or 36 of the Children Order (general duty of an authority to promote the welfare of children or powers to grant financial assistance to persons looked after or in, or formerly in, its care).”;

(e) after paragraph 29 there shall be inserted the following paragraph—

“29A.   In paragraphs 27 to 29 “an authority” has the same meaning as in Article 2 of the Children Order.”.

(8) In Schedule 7 (capital to be disregarded) in paragraph 22(9) for the words from “a Health and Social Services Board” to the end there shall be substituted “an authority, as defined in Article 2 of the Children Order, under Article 18, 35 or 36 of that Order (general duty of an authority to promote the welfare of children and powers to grant financial assistance to persons looked after or in, or formerly in, its care).”.

(1)

S.R. 1996 No. 198; relevant amending regulations are S.R. 1996 No. 440

(2)

Sub-paragraph (a) was amended by regulation 2(2) of S.R. 1996 No. 440

(3)

Paragraph (3) was amended by regulation 2(3) of S.R. 1996 No. 440

(4)

Paragraph 9(2)(d)(ii) was amended by regulation 2(4) of S.R. 1996 No. 440

(5)

Paragraph 27 was amended by regulation 2(5) of S.R. 1996 No. 440

(6)

1968 c. 34 (N.I.); section 137 was amended by Schedule 18 to the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) and Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

(7)

Paragraph 8 of Schedule 5 was amended by Article 6(2) of the Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 15))

(8)

Paragraph 29 was amended by regulation 2(6) of S.R. 1996 No. 440

(9)

Paragraph 22 was amended by regulation 2(7) of S.R. 1996 No. 440