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The Social Security and Child Support (Tax Credits Consequential Amendments) Regulations (Northern Ireland) 1999

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security and Child Support (Tax Credits Consequential Amendments) Regulations (Northern Ireland) 1999 and shall come into operation on 5th October 1999.

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

Amendments consequential on the renaming of family credit as working families' tax credit and of disability working allowance as disabled person’s tax credit

2.—(1) Subject to paragraph (3), in the provisions mentioned in Part I of Schedule 2, for the words “family credit” wherever they occur, except where they appear in a reference to the title of the Family Credit (General) Regulations (Northern Ireland) 1987(2), there shall be substituted “working families' tax credit”.

(2) Subject to paragraph (3), in the provisions mentioned in Part II of Schedule 2, for the words “disability working allowance” wherever they occur, except where they appear in a reference to the title of the Disability Working Allowance (General) Regulations (Northern Ireland) 1992(3), there shall be substituted “disabled person’s tax credit”.

(3) In the provisions mentioned in Part III of Schedule 2—

(a)for the definition of “disability working allowance” there shall be substituted the following definition—

“disabled person’s tax credit” means a disabled person’s tax credit under section 128 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(4);;

(b)the following definition shall be inserted in the appropriate place—

“working families' tax credit” means a working families' tax credit under section 127(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;.

Amendment of the Housing Benefit (General) Regulations

3.—(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987(6) shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph 16(7) of Schedule 3 (sums to be disregarded in the calculation of earnings) in sub-paragraphs (1)(b) and (4)(c)(ii) for “the allowance” there shall be substituted “the credit”.

(3) In paragraph 60(8) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for “the allowance” there shall be substituted “the credit”.

Amendment of Schedule 8 to the Social Security (Claims and Payments) Regulations

4.  In paragraph 2(b) of Schedule 8 to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(9) (election to have child benefit paid weekly) for “family credit or disability working allowance” there shall be substituted “or payment in accordance with an award of family credit or disability working allowance which was awarded with effect from a date falling before 5th October 1999”.

Amendment of regulation 2 of the Social Fund (Recovery by Deductions from Benefits) Regulations

5.  In regulation 2 of the Social Fund (Recovery by Deductions from Benefits) Regulations (Northern Ireland) 1988(10) (benefits from which an award may be recovered)—

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

(b)family credit awarded with effect from a date falling before 5th October 1999;;

(b)for paragraph (ba)(11) there shall be substituted the following paragraph—

(ba)disability working allowance awarded with effect from a date falling before 5th October 1999;.

Amendment of regulation 1 of the Child Support (Maintenance Assessment Procedure) Regulations

6.—(1) Regulation 1(2) of the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992(12) shall be amended in accordance with paragraphs (2) to (4).

(2) For the definition of “disability working allowance” there shall be substituted the following definition—

“disability working allowance” means an award of disability working allowance under section 128 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 which was awarded with effect from a date falling before 5th October 1999;.

(3) The following definition shall be inserted in the appropriate place—

“family credit” means an award of family credit under section 127 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 which was awarded with effect from a date falling before 5th October 1999;.

(4) In the definition of “relevant benefit”(13) for “family credit or disability working allowance” there shall be substituted the following “or an award of family credit or disability working allowance which was awarded with effect from a date falling before 5th October 1999”.

Revocation and Saving of the Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) Regulations

7.  The Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) Regulations (Northern Ireland) 1995(14) are revoked except that they shall continue to have effect in the case of an award of family credit or disability working allowance awarded with effect from a date falling before 5th October 1999.

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

L.S.

John O'Neill

Assistant Secretary

15th September 1999.

The Department of the Environment for Northern Ireland hereby consents to regulations 2 and 3 of the foregoing Regulations.

Sealed with the Official Seal of the Department of the Environment for Northern Ireland on

L.S.

R. E. Aiken

Assistant Secretary

15th September 1999.

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