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The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2001

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2001 and shall come into operation—

(a)for the purposes of this regulation and, subject to paragraph (2), regulation 5, on 1st April 2001;

(b)for the purposes of regulation 2—

(i)in a case where rent is or rates are payable at intervals of a whole number of weeks, on 2nd April 2001;

(ii)in any other case, on 1st April 2001;

(c)for all other purposes, subject to paragraph (3), on 9th April 2001.

(2) Regulation 5 shall come into operation immediately before the coming into operation of regulation 1 of the Social Security (Enhanced Disability Premium Amendment) Regulations (Northern Ireland) 2000(1).

(3) Regulation 3 shall, in relation to any particular claimant for income support, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph “benefit week”(2) and “claimant” shall have the same meaning as in regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987(3).

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

Amendment of the Housing Benefit (General) Regulations

2.—(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987(5) shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation), in the definition of “attendance allowance”—

(a)in paragraph (a), for “section 35 of the principal Act” there shall be substituted “Part III of the Contributions and Benefits Act”;

(b)in paragraph (b), for “61” there shall be substituted “104 or 105”;

(c)in paragraph (c), for “section 150(3)(b) of”, there shall be substituted “paragraph 4(2)(b) of Schedule 8 to”.

(3) In regulation 21A(2A)(6) (treatment of childcare charges) for “paragraph (2)” there shall be substituted “paragraphs (2ZA) and (2ZC)”.

(4) In Schedule 5 (capital to be disregarded) after paragraph 59(7) there shall be added the following paragraph—

60.  Any training grant payable under the New Deal 50 Plus Employment Credit Scheme pursuant to arrangements made under section 1(1) of the Employment and Training Act (Northern Ireland) 1950(8) but only for a period of 52 weeks from the date of payment..

Amendment of the Income Support Regulations

3.—(1) The Income Support (General) Regulations (Northern Ireland) 1987 shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 42(3)(b)(9) (notional income), for “9 or 10” there shall be substituted “8 or 9” and for “1987” there shall be substituted “1988”.

(3) For regulation 71(2)(10) (applicable amounts in urgent cases) there shall be substituted the following paragraph—

(2) In a case to which paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000(11) applies, the period for which a claimant’s weekly applicable amount is to be calculated in accordance with paragraph (1) shall be any period, or the aggregate of any periods, not exceeding 42 days during any one period of leave to which that paragraph of that Part of the Schedule to those Regulations applies..

(4) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) at the end of paragraph 68(12) there shall be added “or any payment of an employment credit made to that person as a participant in the New Deal 50 Plus Employment Credit Scheme pursuant to arrangements made under section 1(1A) of the Employment and Training Act (Northern Ireland) 1950(13)”.

Amendment of the Social Fund (Maternity and Funeral Expenses) (General) Regulations

4.  For regulation 8(3)(b) of the Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987(14)(effect of capital) there shall be substituted the following sub-paragraph—

(b)in the case of a claim for a Sure Start Maternity Grant or a funeral payment which is made within 12 months of the death of the spouse of the claimant, any lump sum payable to that claimant as a widow or as a widower by virtue of section 36 of the Social Security Contributions and Benefits Act (Northern Ireland) 1992(15) (bereavement payments) shall be disregarded;.

Amendment of the Social Security (Enhanced Disability Premium Amendment) Regulations

5.  In regulation 1 of the Social Security (Enhanced Disability Premium Amendment) Regulations (Northern Ireland) 2000(16) (citation, commencement and interpretation)—

(a)in paragraph (1)(c), after “purposes” there shall be inserted “but subject to paragraphs (2) and (3)”;

(b)after paragraph (1) there shall be inserted the following paragraphs—

(2) Regulation 2 shall, in relation to any particular claimant for income support, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph, “benefit week” and “claimant” shall have the same meanings as in regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987.

(3) Regulation 4 shall, in relation to any particular claimant for a jobseeker’s allowance, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph, “benefit week” shall have the same meaning as in regulation 1(2) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(17).;

(c)existing paragraph “(2)” shall be renumbered “(4)”.

Sealed with the Official Seal of the Department for Social Development on 26th March 2001.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulation 2 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 27th March 2001.

L.S.

Brian Delaney

Senior Officer of the

Department of Finance and Personnel

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