The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001

Statutory Rules of Northern Ireland

2001 No. 227

SOCIAL SECURITY

The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001

Made

30th May 2001

Coming into operation in accordance with regulation 1

The Department for Social Development, in exercise of the powers conferred by sections 122(1)(a), 131(1) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and Article 6(5) of the Jobseekers (Northern Ireland) Order 1995(2), and now vested in it(3), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001 and shall, subject to paragraphs (2) and (3), come into operation on 2nd July 2001.

(2) Regulation 2 shall, in relation to a claimant for income support, have effect from the first day of the first benefit week to commence for that claimant on or after 2nd July 2001 and in this paragraph, the expressions “benefit week” and “claimant” shall have the same meanings as in regulation 2(1) of the Income Support Regulations(4) (interpretation).

(3) Regulation 3 shall, in relation to a 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 2nd July 2001 and in this paragraph, the expression “benefit week” shall have the same meaning as in regulation 1(2) of the Jobseeker’s Allowance Regulations(5) (interpretation).

(4) In these Regulations—

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(6);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(7).

(5) The Interpretation Act (Northern Ireland) 1954(8) shall apply to these Regulations as it applies to an Act of the Assembly.

Income Support: amounts for those in homes for persons in need and nursing homes

2.  In Schedule 4 to the Income Support Regulations (applicable amounts of persons in homes for persons in need and nursing homes)—

(a) in paragraph 6(9) (homes for persons in need)—

(i) in sub-paragraph (1)(a), for “£225” there shall be substituted “£229”;

(ii) in sub-paragraph (1)(b), for “£238” there shall be substituted “£243”;

(iii) in sub-paragraph (1)(c), for “£238” there shall be substituted “£243”;

(iv) in sub-paragraph (1)(d), for “£271” there shall be substituted “£276”;

(v) in sub-paragraph (1)(e)—

(aa) in paragraph (i), for “£308” there shall be substituted “£314”;

(bb) in paragraph (ii), for “£225” there shall be substituted “£229”;

(vi) in sub-paragraph (2), for “£261” there shall be substituted “£265”;

(b) in paragraph 7 (nursing homes)—

(i) in sub-paragraph (a), for “£337” there shall be substituted “£343”;

(ii) in sub-paragraph (b), for “£343” there shall be substituted “£349”;

(iii) in sub-paragraph (c), for “£337” there shall be substituted “£343”;

(iv) in sub-paragraph (d)—

(aa) in paragraph (i), for “£379” there shall be substituted “£387”;

(bb) in paragraph (ii), for “£336” there shall be substituted “£342”;

(v) in sub-paragraph (e), for “£336” there shall be substituted “£342”;

(vi) in sub-paragraph (f), for “£336” there shall be substituted “£342”.

Jobseeker’s Allowance: amounts for those in residential care and nursing homes

3.—(1) Schedules 3(10) (applicable amounts of persons in residential care and nursing homes) and 3A(11) (applicable amount for a joint-claim couple where a member is in a residential care or nursing home) to the Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph 5 of Schedule 3 and paragraph 6 of Schedule 3A (residential care homes)—

(i) in sub-paragraph (a), for “£238” there shall be substituted “£243”;

(ii) in sub-paragraph (b), for “£238” there shall be substituted “£243”;

(iii) in sub-paragraph (c), for “£271” there shall be substituted “£276”;

(iv) in sub-paragraph (d), for “£308” there shall be substituted “£314”;

(v) in sub-paragraph (e), for “£225” there shall be substituted “£229”;

(3) In paragraph 6 of Schedule 3 and paragraph 7 of Schedule 3A (nursing homes)—

(i) in sub-paragraph (a), for “£337” there shall be substituted “£343”;

(ii) in sub-paragraph (b), for “£343” there shall be substituted “£349”;

(iii) in sub-paragraph (c), for “£337” there shall be substituted “£343”;

(iv) in sub-paragraph (d), for “£379” there shall be substituted “£387”;

(v) in sub-paragraph (e), for “£336” there shall be substituted “£342”;

(vi) in sub-paragraph (f), for “£336” there shall be substituted “£342”.

Sealed with the Official Seal of the Department for Social Development on 30th May 2001.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 by increasing the applicable amounts in those benefits in respect of those in residential care and nursing homes.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.

(1)

1992 c. 7

(2)

S.I. 1995/2705 (N.I. 15)

(3)

See Article 8(b) of S.R. 1999 No. 481

(4)

The definition of “benefit week” was amended by regulation 2(a) of S.R. 1988 No. 318

(5)

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

(6)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 Nos. 318 and 431, S.R. 1993 Nos. 149 and 373 and S.R. 2001 No. 41

(7)

S.R. 1996 No. 198; relevant amending Regulations are S.R. 1996 No. 358, S.R. 2000 No. 350 and S.R. 2001 No. 41

(8)

1954 c. 33 (N.I.)

(9)

Paragraph 6 was amended by S.R. 1988 No. 431, S.R. 1993 Nos. 149 and 373 and S.R. 2001 No. 41

(10)

Relevant amending Regulations are S.R. 2001 No. 41

(11)

Schedule 3A was inserted by regulation 2(5) of, and paragraph 55 of Schedule 2 to, S.R. 2000 No. 350 and amended by S.R. 2001 No. 41