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Travelling Expenses and Remission of Charges (Amendment) Regulations (Northern Ireland) 2003

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Travelling Expenses and Remission of Charges (Amendment) Regulations 2003.

(2) Subject to paragraph (3), these Regulations shall come into operation on 6th April 2003.

(3) Regulation 5 shall come into operation on 7th April 2003.

(4) In these Regulations –

“the principal Regulations” means the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 1989(1).

Amendment of regulation 2 of the principal Regulations

2.  In regulation 2 of the principal Regulations (interpretation) –

(a)the definitions of “amount withdrawn”, “disabled person’s tax credit” and “working families' tax credit”(2) are omitted;

(b)after the definition of “capital limit”(3) there is inserted –

“child tax credit” means child tax credit under section 8 of the Tax Credits Act 2002(4) and as specified under regulations made pursuant to that section(5);;

(c)after the definition of “date of claim” there is inserted –

“disability element” means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002 and as determined under regulations made pursuant to section 11(7) of that Act(6);;

(d)for the definition of “family”(7) there is substituted –

“family” has the meaning assigned to it by section 133(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(8) as it applies to income support, except that –

(a)

in regulation 4(2)(c) it has the meaning assigned to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 2002(9);

(b)

in regulation 4(2)(j) and (l) it has the meaning assigned to it by article 2(2) of the Jobseekers (Northern Ireland) Order 1995(10); and

(c)

where a claim has been made for support under Part VI of the Immigration and Asylum Act 1999(11), it means the asylum-seeker who has made that claim and any dependant, as defined in section 94 of that Act, whom he has included in that claim;;

(e)after the definition of “full rate” there is inserted –

“gross annual income” means income calculated for a tax year for the purposes of Part 1 of the Tax Credits Act 2002 pursuant to regulations made pursuant to section 7 of that Act(12);;

(f)after the definition “partner” there is inserted –

“qualifying family” means a family –

(a)

that has a gross annual income of £14,200 or less; and

(b)

one member of which is receiving either –

(i)

both working tax credit and child tax credit, or

(ii)

working tax credit which includes a disability element; or

(iii)

child tax credit, but who is not eligible for working tax credit; and

(g)for the definition of “week” there is substituted –

“week” means a period of 7 days beginning with midnight between Saturday and Sunday;

“working tax credit” means working tax credit under section 10 of the Tax Credits Act 2002, and as specified in regulations made pursuant to section 11 of that Act(13)..

Amendment to regulation 4 of the principal Regulations

3.  In regulation 4 of the principal Regulations (description of persons entitled to full remission and payment), in paragraph (2)(14), –

(a)for sub-paragraph (c)(15) there is substituted –

(c)a person who is a member of a qualifying family; and

(b)sub-paragraphs (d), (g) and (h)(16) are omitted.

New regulation 7ZA inserted into principal Regulations

4.  After regulation 7 of the principal Regulations (claims for remission or payment) (17), there is inserted –

Notice of entitlement for members of qualifying families

7ZA.(1) If the Department determines that a person is entitled to full remission of relevant charges and relevant travelling expenses in accordance with regulation 4(2)(c), it shall issue a notice of entitlement to that person.

(2) A notice of entitlement issued under paragraph (1) shall be effective in respect of –

(a)the person to whom it is issued; and

(b)any member of his family,

for the purposes of the remission of those charges and payment of those travelling expenses, to which they are entitled.

(3) A notice of entitlement issued under paragraph (1) shall be effective –

(a)from such date; and

(b)for such period,

as the Department may determine.

(4) Any change in the financial or other circumstances of a person who is a member of a qualifying family in respect of which a notice of entitlement has been issued under paragraph (1), during the period for which the notice of entitlement has been issued, shall not affect the validity of the notice of entitlement in respect of that period.

Amendment of Schedule 1 to the principal Regulations

5.  In Table A of Part 1 of Schedule 1 to the principal Regulations (calculation of resources), in the entry in column (2) relating to “regulation 53” –

(a)for “£11,750”(18) there is substituted “£12,000”; and

(b)for “£19,000”(19) there is substituted “£19,500”.

Transitional provision

6.  Any person who, immediately before these regulations came into operation, was entitled to remission under regulation 4(2)(c), (d), (g) or (h) of the principal regulations will continue to be entitled to that remission until 31st July 2003, despite the coming into operation of these regulations.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 13th March 2003.

L.S.

Dr. J. F. Livingstone

Senior Officer of the

Department of Health, Social Services and Public Safety

Sealed with the Official Seal of the Department of Finance and Personnel insofar as the foregoing Regulations relate to Travelling Expenses on 13th March 2003.

L.S.

R. Scott

Senior Officer of the

Department of Finance and Personnel

The Department of Finance and Personnel hereby approves the foregoing Regulations insofar as they relate to Remission of Charges.

Sealed with the Official Seal of the Department of Finance and Personnel on 13th March 2003.

L.S.

R. Scott

Senior Officer of the

Department of Finance and Personnel

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