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

Amendment of Schedule 7 to the Income Support Regulations

7.  In Schedule 7 to the Income Support Regulations (applicable amounts in special cases) after paragraph 17(1) (claimants entitled to the disability premium for a past period)—

(a) in column (1) there shall be inserted—

“Persons who have commenced remunerative work

17A.   A person to whom regulation 6(5) (persons not treated as engaged in remunerative work) applies.”, and

(b) in column (2) there shall be inserted—

“17A.— (1) Subject to sub-paragraph (2), the lowest of either—

(a) the amount determined in accordance with—

(i) Schedule 3 (housing costs), or

(ii) as the case may be, Schedule 2 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (housing costs);

which was applicable to the claimant or his partner immediately before he or his partner commenced the remunerative work referred to in regulation 6(5)(a), or

(b) the amount of income support or, as the case may be, income-based jobseeker’s allowance which the claimant or his partner was entitled to in the benefit week immediately before the benefit week in which he or his partner commenced the remunerative work referred to in regulation 6(5)(a) or, where he or his partner was in receipt of a training allowance in that benefit week, the amount of income support or income-based jobseeker’s allowance which he would have been entitled to in that week had he not been in receipt of a training allowance.

(2) Nothing in sub-paragraph (1) shall prevent any adjustment being made to the amount referred to in (a) or, as the case may be, (b) of that sub-paragraph during the period referred to in regulation 6(6)(2) (persons not treated as in remunerative work), in order to reflect changes during that period to the amounts prescribed in Schedule 2 (applicable amounts) or Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes) or in this Schedule or to reflect changes in circumstances during that period relating to the matters specified in sub-paragraph (3).

(3) The changes in circumstances referred to in sub-paragraph (2) are changes to the amount of housing costs to be met in accordance with Schedule 3 in the claimant’s case occasioned by—

(a) the claimant becoming entitled to income support for a continuous period of 26 weeks or more;

(b) a change to the standard interest rate, or

(c) any non-dependant deduction becoming applicable, or ceasing to be applicable.

(4) In sub-paragraph (1), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker’s allowance or to an amount being applicable to either of them under the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker’s allowance and to an amount being applicable to that couple under those Regulations.”.

(1)

Paragraph 17 was amended by regulation 2(11) of S.R. 1995 No. 86 and regulation 6 of S.R. 2000 No. 74

(2)

Regulation 6(6) is inserted by regulation 4 of these Regulations