The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2004

Amendment of the Jobseeker’s Allowance Regulations in relation to income and capital disregards

4.—(1) The Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (interpretation) the definition of “ERA payment”(1) shall be omitted.

(3) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) –

(a) for paragraph 14 there shall be substituted the following paragraph –

“14.— (1) Any payment made pursuant to section 1 or 3 of the Employment and Training Act (Northern Ireland) 1950 except a payment –

(a) made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;

(b) of an allowance referred to in section 1(1B) of the Employment and Training Act (Northern Ireland) 1950;

(c) intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects; or

(d) made in respect of the cost of living away from home to the extent that the payment relates to rent or rates or, as the case may be, both for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home.

(2) The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs), of the claimant or, where the claimant is a member of a family, any other member of his family.

(3) For the purposes of this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.”;

(b) in paragraph 50 omit from “or in accordance with” to “Act (Northern Ireland) 1950”;

(c) paragraphs 58, 58A, 59, 62 and 69(2) shall be omitted.

(4) In Schedule 7 (capital to be disregarded) –

(a) for paragraph 32 there shall be substituted the following paragraph –

“32.   Any payment made pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950, but only for the period of 52 weeks beginning on and including the date of receipt of the payment.”;

(b) in paragraph 40 omit –

(i) “, or a training bonus under section 3(3) of the Employment and Training Act (Northern Ireland) 1950”, and

(ii) from “or in accordance with” to “Act (Northern Ireland) 1950”;

(c) paragraphs 43, 43A, 44, 46 and 58(3) shall be omitted.

(1)

Definition of “ERA payment” was inserted by regulation 4(2) of S.R. 2003 No. 417

(2)

Paragraph 58 was substituted by regulation 10(b) of S.R. 2001 No. 151; paragraph 58A was inserted by regulation 2(5) of S.R. 2002 No. 275; paragraph 59 was added by regulation 14(b) of S.R. 1997 No. 541; paragraph 62 was added by regulation 4(1) of S.R. 1998 No. 326 and paragraph 69 was added by regulation 4(4)(c) of S.R. 2003 No. 417

(3)

Paragraph 43 was substituted by regulation 11 of S.R. 2001 No. 151; paragraph 43A was inserted by regulation 2(6) of S.R. 2002 No. 275; paragraph 44 was added by regulation 15 of S.R. 1997 No. 541; paragraph 46 was added by regulation 5(1) of S.R. 1998 No. 326 and paragraph 58 was added by regulation 4(5)(b) of S.R. 2003 No. 417