Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (Sports Awards Amendments) Regulations (Northern Ireland) 1999 and shall come into operation on 23rd August 1999.
(2) In relation to any particular claimant for either family credit or disability working allowance, regulations 2 and 3 shall have effect, where a claimant has an award of either of those benefits—
(a)which expires on 23rd August 1999, on 24th August 1999;
(b)which expires after 23rd August 1999, on the day following the expiration of that award.
(3) In these Regulations—
“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations (Northern Ireland) 1992(1);
“the Family Credit Regulations” means the Family Credit (General) Regulations (Northern Ireland) 1987(2);
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(3);
“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(4);
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(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.
Common amendments: definition of “sports award”
2.—(1) In each of the regulations specified in paragraph (2), there shall be inserted the following definition in the appropriate place—
““sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993(7) out of sums allocated to it for distribution under that section;”.
(2) The regulations specified in this paragraph are—
(a)regulation 2 of the Disability Working Allowance Regulations;
(b)regulation 2(1) of the Family Credit Regulations;
(c)regulation 2(1) of the Housing Benefit Regulations;
(d)regulation 2(1) of the Income Support Regulations;
(e)regulation 1(2) of the Jobseeker’s Allowance Regulations.
Amendment of the Disability Working Allowance Regulations and the Family Credit Regulations
3.—(1) Both the Disability Working Allowance Regulations and the Family Credit Regulations shall be amended in accordance with paragraphs (2) to (5).
(2) In both regulation 6(3) of the Disability Working Allowance Regulations(8) and regulation 4(3) of the Family Credit Regulations(9) (remunerative work) after sub-paragraph (d) there shall be added the following sub-paragraph—
“(e)he is engaged in an activity in respect of which—
(i)a sports award has been made, or is to be made, to him, and
(ii)no other payment is made or is expected to be made to him.”.
(3) In both regulation 24(3) of the Disability Working Allowance Regulations(10) and regulation 21(3) of the Family Credit Regulations(11) (earnings of self-employed earners) at the end there shall be added “nor shall it include any sports award.”.
(4) There shall be added as paragraph 62 of Schedule 3 to the Disability Working Allowance Regulations(12) and as paragraph 64 of Schedule 2 to the Family Credit Regulations(13) (sums to be disregarded in the calculation of income other than earnings) the following paragraph—
“(1) Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or housing costs of any member of the family.
(3) For the purposes of sub-paragraph (2)—
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“housing costs” do not include accommodation costs incurred as a consequence of living away from home whilst training for, or competing in, the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.”.
(5) There shall be added as paragraph 55 of Schedule 4 to the Disability Working Allowance Regulations(14) and as paragraph 56 of Schedule 3 to the Family Credit Regulations(15) (sums to be disregarded in the calculation of capital) the following paragraph—
“(1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or housing costs of any member of the family.
(3) For the purposes of sub-paragraph (2)—
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“housing costs” do not include accommodation costs incurred as a consequence of living away from home whilst training for, or competing in, the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.”.
Amendment of the Housing Benefit Regulations
4.—(1) The Housing Benefit Regulations shall be amended in accordance with paragraphs (2) to (5).
(2) In regulation 4 (remunerative work) after paragraph (6)(16) there shall be added the following paragraph—
“(7) A person shall not be treated as engaged in remunerative work on any day on which he is engaged in an activity in respect of which—
(a)a sports award has been made, or is to be made, to him, and
(b)no other payment is made or is expected to be made to him.”.
(3) In regulation 30(2)(17) (earnings of self-employed earners) at the end there shall be added “nor shall it include any sports award.”.
(4) At the end of Schedule 4(18) (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph—
“72.—(1) Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent or rates of the claimant or where the claimant is a member of a family, any other member of his family.
(3) For the purposes of sub-paragraph (2)—
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities;
“rent or rates” means eligible rent or rates less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions).”.
(5) At the end of Schedule 5(19) (sums to be disregarded in the calculation of capital) there shall be added the following paragraph—
“57.—(1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent or rates of the claimant or, where the claimant is a member of a family, any other member of his family.
(3) For the purposes of sub-paragraph (2)—
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities;
“rent or rates” means eligible rent or rates less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions).”.
Amendment of the Income Support Regulations
5.—(1) The Income Support Regulations shall be amended in accordance with paragraphs (2) to (5).
(2) In regulation 6 (persons not treated as engaged in remunerative work) after paragraph (k)(20) there shall be added the following paragraph—
“(l)he is engaged in an activity in respect of which—
(i)a sports award has been made, or is to be made, to him, and
(ii)no other payment is made or is expected to be made to him.”.
(3) In regulation 37(2)(21) (earnings of a self-employed earner) after sub-paragraph (b) there shall be added—
“(c)any sports award.”.
(4) At the end of Schedule 9(22) (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph—
“67.—(1) Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable or any housing costs to the extent that they are met under regulation 17(1)(e) (applicable amounts) or 18(1)(f) (polygamous marriages) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family.
(3) For the purposes of sub-paragraph (2)—
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.”.
(5) At the end of Schedule 10(23) (sums to be disregarded in the calculation of capital) there shall be added the following paragraph—
“54.—(1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family.
(3) For the purposes of sub-paragraph (2)—
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.”.
Amendment of the Jobseeker’s Allowance Regulations
6.—(1) The Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) to (5).
(2) In regulation 53 (persons treated as not engaged in remunerative work) after paragraph (i)(24) there shall be added the following paragraph—
“(j)he is engaged in an activity in respect of which—
(i)a sports award has been made, or is to be made, to him, and
(ii)no other payment is made or is expected to be made to him.”.
(3) In regulation 100(2) (earnings of self-employed earners) after sub-paragraph (b) there shall be added the following sub-paragraph—
“(c)any sports award.”.
(4) At the end of Schedule 6(25) (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph—
“65.—(1) Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable or any housing costs to the extent that they are met under regulation 83(f) (applicable amounts) or 84(1)(g) (polygamous marriages) or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family.
(3) For the purposes of sub-paragraph (2)—
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.”.
(5) At the end of Schedule 7(26) (capital to be disregarded) there shall be added the following paragraph—
“49.—(1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
(2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent or rates for which housing benefit is payable or any housing costs to the extent that they are met under regulation 83(f) (applicable amounts) or 84(1)(g) (polygamous marriages) or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes), of the claimant or, where the claimant is a member of a family, any other member of his family.
(3) For the purposes of sub-paragraph (2)—
“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.”.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 3rd August 1999.
L.S.
John O'Neill
Assistant Secretary
The Department of the Environment for Northern Ireland hereby consents to regulations 2(1) and (2)(c) and 4 of the foregoing Regulations.
Sealed with the Official Seal of the Department of the Environment for Northern Ireland on 3rd August 1999.
L.S.
J. McCormick
Assistant Secretary