The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments No. 2) Regulations (Northern Ireland) 2003

Consequential amendments

2.—(1) In the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976(1) regulation 2A(a) (disapplication of section 1(1A) of the Administration Act) shall be omitted.

(2) In the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977(2) –

(a) in regulation 3 (allocation of contributions for spouse or children) –

(i) in the heading “or children” shall be omitted;

(ii) in paragraph (1)(3) “43(1)(b),” shall be omitted;

(b) in regulation 4A(1)(4) (circumstances in which a person who is not entitled to child benefit is to be treated as if he were so entitled) “41,” shall be omitted;

(c) in regulation 4B(5) (circumstances in which a person entitled to child benefit is to be treated as if he were not so entitled) paragraphs (1)(c) and (4)(e) shall be omitted.

(3) In the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(6) in regulation 2(1) (interpretation) at the end of the definition of “dependency benefit” there shall be added “or child tax credit under the Tax Credits Act 2002”.

(4) In the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979(7) –

(a) regulation 1A(a)(8) (disapplication of section 1(1A) of the Administration Act for the purposes of retirement pension) shall be omitted;

(b) in regulation 6(3)(c)(9) (benefit at reduced rates for those who do not satisfy the contribution conditions in full) –

(i) “41,” shall be omitted;

(ii) “and” after head (i) shall be omitted;

(iii) head (ii) shall be omitted.

(5) In the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984(10) regulation 2A(a) (disapplication of section 1(1A) of the Administration Act) shall be omitted.

(6) In the Social Fund (Recovery by Deductions from Benefits) Regulations (Northern Ireland) 1988(11) regulation 2(o) (benefits from which an award may be recovered) shall be omitted.

(7) In the Social Security (Incapacity Benefit — Increases for Dependants) Regulations (Northern Ireland) 1994(12) –

(a) for regulation 3(13) (allocation of contributions for a spouse or child) there shall be substituted the following regulation –

“Allocation of contributions for a spouse

3.   For the purposes of the Contributions and Benefits Act insofar as it relates to incapacity benefit, any sum paid by a person by way of contribution towards the maintenance of his spouse shall be treated for the purposes of regulations 9 (increase of incapacity benefit for adult dependants and persons having the care of children) and 12 (contribution to maintenance of adult dependant) as such contributions of such respective amounts equal in aggregate to the sum in respect of his spouse as would secure as large a payment as possible by way of benefit in respect of dependants.”;

(b) Part II (child dependants) shall be omitted;

(c) in regulation 9 (increase of incapacity benefit for adult dependants and persons having the care of children) –

(i) in paragraph (1) –

(aa) for sub-paragraph (a)(ii), there shall be substituted “the beneficiary is entitled to child benefit in respect of a child;”;

(bb) for sub-paragraph (c)(ii), there shall be substituted “cares for a child in respect of whom the beneficiary is entitled to child benefit; or”;

(cc) for sub-paragraph (d)(ii), there shall be substituted “cares for a child in respect of whom the beneficiary is entitled to child benefit,”;

(ii) paragraph (2) shall be omitted.

(8) In the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(14) regulation 1A(a) (disapplication of section 1(1A) of the Administration Act) shall be omitted.

(1)

S.R. 1976 No. 99; regulation 2A was inserted by regulation 3 of S.R. 1997 No. 483

(2)

S.R. 1977 No. 74; relevant amending Regulations are S.R. 1980 No. 144, S.R. 1983 No. 193, S.R. 1984 No. 382, S.R. 1985 No. 229, S.R. 1989 No. 103, S.R. 1994 No. 485, S.R. 1996 No. 289 and S.R. 2001 No. 108

(3)

Regulation 3(1) was amended by regulation 2(2) and (3) of S.R. 1983 No. 193, regulation 3(a) of S.R. 1984 No. 382, regulation 2(2) of S.R. 1985 No. 229, regulation 15(3)(a) of S.R. 1994 No. 485 and regulation 5(3)(a) of S.R. 1996 No. 289

(4)

Regulation 4A was inserted by regulation 2 of S.R. 1980 No. 144 and paragraph (1) was amended by regulation 2 of S.R. 1989 No. 103

(5)

Regulation 4B was substituted by regulation 5(2) of S.R. 2001 No. 108

(6)

S.R. 1979 No. 242

(7)

S.R. 1979 No. 243; relevant amending Regulations are S.R. 1990 No. 452 and S.R. 1997 No. 483

(8)

Regulation 1A was inserted by regulation 4(2) of S.R. 1997 No. 483

(9)

Regulation 6(3) was substituted by regulation 2(2) of S.R. 1990 No. 452

(10)

S.R. 1984 No. 317; regulation 2A was inserted by regulation 5 of S.R. 1997 No. 483

(11)

S.R. 1988 No. 21; paragraph (o) was amended by regulation 20(b) of S.R. 1995 No. 150 and regulation 6(c) of S.R. 1996 No. 405

(12)

S.R. 1994 No. 485; relevant amending Regulations are S.R. 1999 No. 371 (C. 28)

(13)

Regulation 3 was amended by Article 10 of S.R. 1999 No. 371 (C. 28)

(14)

S.R. 1994 No. 461; regulation 1A was inserted by regulation 13 of S.R. 1997 No. 483