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The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2001

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Amendment of Schedule 3 to the Income Support Regulations

6.  In Schedule 3 to the Income Support Regulations(1) (housing costs)—

(a)in paragraph 14 (linking rule)—

(i)in sub-paragraph (1)(a)(ii)(2), after “12 weeks or less” there shall be inserted “or, as the case may be, 52 weeks or less,”;

(ii)in sub-paragraph (1)(c)(iv), after “12 weeks” there shall be inserted “or, as the case may be, 52 weeks,”;

(iii)in sub-paragraph (1)(d), after “12 weeks” there shall be inserted “or, as the case may be, 52 weeks,”;

(iv)in sub-paragraph (1)(f)(iii), after “12 weeks” there shall be inserted “or, as the case may be, 52 weeks,”;

(b)in sub-paragraph (10)(3) after “(1)(a)(ii),” there shall be inserted “(1)(c)(iv),”;

(c)after sub-paragraph (10) there shall be added the following sub-paragraphs—

(11) For the purposes of sub-paragraph (1)(a)(ii), (c)(iv), (d) and (f)(iii), the relevant period shall be—

(a)52 weeks in the case of a person to whom sub-paragraph (12) applies;

(b)subject to sub-paragraph (10), 12 weeks in any other case.

(12) This sub-paragraph applies, subject to sub-paragraph (13), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to income support because he or his partner—

(a)has commenced employment as an employed earner or as a self-employed earner or has increased the hours in which he is engaged in such employment;

(b)is taking active steps to establish himself in employment as an employed earner or as a self-employed earner under any scheme for assisting persons to become so employed which is mentioned in regulation 19(1)(q) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (circumstances in which a person is to be treated as actively seeking employment), or

(c)is participating in—

(i)a New Deal option, or

(ii)the self-employment route,

and, as a consequence, he or his partner was engaged in remunerative work or had income in excess of the applicable amount as prescribed in Part IV (applicable amounts).

(13) Sub-paragraph (12) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to income support, his housing costs were being met in accordance with paragraph 6(1)(a) or 8(1)(a) or would have been so met but for any non-dependant deduction under paragraph 18..

(1)

Schedule 3 was substituted by regulation 2 of and Schedule 1 to S.R. 1995 No. 301

(2)

Head (a)(ii) was amended by regulation 5(10)(b) of S.R. 1996 No. 405

(3)

Sub-paragraph (10) was added by regulation 8(4)(b) of S.R. 1998 No. 324

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