The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2000

Regulation 6(22)

SCHEDULE 1

Regulation 7(1)(a)

“SCHEDULE 2A Date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support or a jobseeker’s allowance

Income Support

1.   Subject to paragraphs 2 to 6, where the amount of income support payable under an award is changed by a superseding decision made on the ground of a change of circumstances, that superseding decision shall take effect—

(a) where income support is paid in arrears, from the first day of the benefit week in which the relevant change of circumstances occurs or is expected to occur; or

(b) where income support is paid in advance, from the date of the relevant change of circumstances, or the day on which the relevant change of circumstances is expected to occur, if either of those days is the first day of the benefit week and otherwise from the next following such day, and

for the purposes of this paragraph any period of residence in temporary accommodation under arrangements for training made under sections 2 and 3 of the Disabled Persons (Employment) Act 1945(1) or section 1(1) of the Employment and Training Act (Northern Ireland) 1950(2) for a period which is expected to last for seven days or less shall not be regarded as a change of circumstances.

2.   In the cases set out in paragraph 3, the superseding decision shall take effect from the day on which the relevant change of circumstances occurs or is expected to occur.

3.   The cases referred to in paragraph 2 are where—

(a) income support is paid in arrears and entitlement ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of section 123(1)(b) of the Contributions and Benefits Act;

(b) a child or young person referred to in regulation 16(6) of the Income Support Regulations(3) lives, or is expected to live, with the claimant for part only of the benefit week;

(c) a claimant or his partner (as defined in regulation 2(1) of the Income Support Regulations) enters, or is expected to enter, a nursing home or a residential care home (as defined in regulation 19(2) of those Regulations(4)) or residential accommodation (as defined in regulation 21(3) of those Regulations(5)) for a period of not more than 8 weeks;

(d) a person referred to in paragraph 1, 2, 3 or 16 of Schedule 7 to the Income Support Regulations(6)—

(i) ceases, or is expected to cease, to be a patient, or

(ii) a member of his family ceases, or is expected to cease, to be a patient,

in either case for a period of less than a week;

(e) a person referred to in paragraph 8 of Schedule 7 to the Income Support Regulations—

(i) becomes a prisoner, or

(ii) ceases to be a prisoner;

(f) a person to whom section 125 of the Contributions and Benefits Act applies—

(i) becomes incapable of work by reason of disease or bodily or mental disablement, or

(ii) enters the maternity period (as defined in section 125(2) of that Act) or the day is known on which that person is expected to enter the maternity period;

(g) during the currency of the claim, a claimant makes a claim for incapacity benefit, severe disablement allowance, retirement pension or widow’s benefit—

(i) the result of which is that his benefit week changes, or

(ii) an award of that benefit on the relevant day for the purposes of regulation 13 of the Claims and Payments Regulations means that his benefit week is expected to change.

4.   A superseding decision made in consequence of a payment of income being treated as paid on a particular day under regulation 31(1)(b) or (2) or 39C(3) of the Income Support Regulations(7) shall take effect from the day on which that payment is treated as made.

5.   Where—

(a) it is decided upon supersession on the ground of a relevant change of circumstances that the amount of income support is, or is to be, reduced; and

(b) the Department certifies that it is impracticable for the superseding decision to take effect from the day prescribed in the preceding paragraphs (other than where paragraph 3(g) or 4 applies),

that superseding decision shall take effect—

(i) where the relevant change has occurred, from the first day of the benefit week following that in which that superseding decision is made, or

(ii) where the relevant change is expected to occur, from the first day of the benefit week following that in which that change of circumstances is expected to occur.

6.   Where—

(a) a superseding decision (“the former supersession”) was made on the ground of a relevant change of circumstances in the cases set out in paragraph 3(b) to (g); and

(b) that superseding decision is itself superseded by a subsequent decision because the circumstances which gave rise to the former supersession cease to apply (“the second change”),

that subsequent decision shall take effect from the date of the second change.

Jobseeker’s Allowance

7.   Subject to paragraphs 8 to 11, where a decision in respect of a claim for a jobseeker’s allowance is superseded on the ground that there has been, or there is expected to be, a relevant change of circumstances, the supersession shall take effect from the first day of the benefit week (as defined in regulation 1(2) of the Jobseeker’s Allowance Regulations(8) in which that relevant change of circumstances occurs or is expected to occur.

8.   Where the relevant change of circumstances giving rise to the supersession is that—

(a) entitlement to a jobseeker’s allowance ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of Article 5(1)(a) of the Jobseekers Order;

(b) a child or young person who is normally in the care of a local authority or who is detained in custody lives, or is expected to live, with the claimant for part only of the benefit week;

(c) the claimant or his partner enters, or is expected to enter, a nursing home or residential care home (as defined in regulation 1(2) of the Jobseekers Allowance Regulations) for a period of not more than 8 weeks; or

(d) the partner of the claimant or a member of his family ceases, or is expected to cease, to be a hospital in-patient for a period of less than a week,

the supersession shall take effect from the date on which the relevant change of circumstances occurs or is expected to occur.

9.   Where the relevant change of circumstances giving rise to a supersession is any of those specified in paragraph 8 and, in consequence of those circumstances ceasing to apply, a further superseding decision is made, that further superseding decision shall take effect from the date on which those circumstances ceased to apply.

10.   Where, under the provisions of regulation 96 or 102C(3) of the Jobseeker’s Allowance Regulations(9), income is treated as paid on a certain date and that payment gives rise, or is expected to give rise, to a relevant change of circumstances resulting in a supersession, that supersession shall take effect from that date.

11.   Where a relevant change of circumstances occurs which results, or is expected to result, in a reduced award of a jobseeker’s allowance then, if the Department is of the opinion that it is impracticable for a supersession to take effect in accordance with the preceding paragraphs, the supersession shall take effect from the first day of the benefit week following that in which the relevant change of circumstances occurs.”.

(1)

1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

(2)

1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))

(3)

Regulation 16(6) was amended by regulation 3(3)(b) of S.R. 1990 No. 387

(4)

The definition of “nursing home” was substituted by paragraph 6(5)(b) of Schedule 2 to S.R. 1993 No. 149 and the definition of “residential care home” was inserted by paragraph 1(3)(a) of Schedule 1 to S.R. 1993 No. 149 and amended by regulation 4(9)(d) of S.R. 1993 No. 373 and paragraph 1(e) of Schedule 12 to S.R. 1994 No. 65

(5)

The definition of “residential accommodation” was substituted by paragraph 1(4)(a) of Schedule 1 to S.R. 1993 No. 149 and amended by paragraph 1(f) of Schedule 12 to S.R. 1994 No. 65

(6)

Relevant amending rules are S.R. 1988 Nos. 146, 318 and 431, S.R. 1989 No. 139, S.R. 1990 No. 131, S.R. 1991 No. 46, S.R. 1996 No. 288 and S.R. 2000 No. 38

(7)

Relevant amending regulations are S.R. 1988 Nos. 146 and 318, S.R. 1995 No. 67, S.R. 1996 No. 199, S.R. 1998 No. 182 and S.R. 2000 No. 74

(8)

The definition of “benefit week” was amended by regulation 2(2) of S.R. 1996 No. 358 and regulation 2(2)(a) of S.R. 1996 No. 503

(9)

Regulation 96 was amended by regulation 3(2) of S.R. 2000 No. 74 and regulation 102C was inserted by regulation 4(4) of S.R. 1998 No. 182