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The Social Security (Notional Income and Capital Amendment) Regulations (Northern Ireland) 1999

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Notional Income and Capital Amendment) Regulations (Northern Ireland) 1999 and shall come into operation on 15th November 1999.

(2) In these Regulations—

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(1);

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(2);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(3).

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

Notional income and notional capital

2.—(1) After head (i) in—

(a)both regulations 42(4)(a) and 51(3)(a) of the Income Support Regulations(5), and

(b)both regulations 105(10)(a) and 113(3)(a) of the Jobseeker’s Allowance Regulations(6),

(which relate respectively to notional income and to notional capital), there shall be inserted the following—

(ia)in a case where that payment is a payment of an occupational pension or is a pension or other periodical payment made under a personal pension scheme, as possessed by that single claimant or, as the case may be, by that member;.

(2) In both regulations 35(3) and 43(3) of the Housing Benefit Regulations(7) (which relate respectively to notional income and to notional capital)—

(a)immediately before sub-paragraph (a) there shall be inserted the following sub-paragraph—

(za)to a third party in respect of a single claimant or a member of the family (but not a member of the third party’s family) shall, where that payment is a payment of an occupational pension or is a pension or other periodical payment made under a personal pension scheme, be treated as possessed by that single claimant or, as the case may be, by that member;;

(b)in sub-paragraph (a), after “shall” there shall be inserted “, where it is not a payment referred to in sub-paragraph (za),”.

(3) There shall be added as—

(a)regulations 35(3A)(d) and 43(3A)(c) of the Housing Benefit Regulations(8);

(b)regulations 42(4ZA)(d) and 51(3A)(c) of the Income Support Regulations(9);

(c)regulations 105(10A)(d) and 113(3A)(c) of the Jobseeker’s Allowance Regulations(10),

the following sub-paragraph—

under an occupational pension scheme or in respect of a pension or other periodical payment made under a personal pension scheme where—

(i)a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980(11);

(ii)the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors, and

(iii)the person referred to in (i) and any member of his family does not possess, or is not treated as possessing, any other income apart from that payment..

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

L.S.

John O'Neill

Assistant Secretary

21st September 1999.

The Department of the Environment for Northern Ireland hereby consents to regulation 2(2) and (3)(a) 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

21st September 1999.

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