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The Social Security (Young Persons) (Amendment) Regulations (Northern Ireland) 2006

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Young Persons) (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation—

(a)for the purposes of regulations 2(8) and 4(10) on 10th April 2006 immediately after the coming into operation of Articles 16(3) and 22(3) of the Social Security Benefits Up-rating Order (Northern Ireland) 2006(1); and

(b)for all other purposes on 10th April 2006.

(2) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support (General) Regulations

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(3) shall be amended in accordance with paragraphs (2) to (9).

(2) For regulation 12(4) (relevant education) there shall be substituted the following regulation—

12.  For the purposes of these Regulations, a person is to be treated as receiving relevant education if he is a qualifying young person within the meaning of section 138(5) of the Contributions and Benefits Act (child and qualifying young person)..

(3) In regulation 13(2)(6) (circumstances in which persons in relevant education are to be entitled to income support)—

(a)for “aged 16 or over but under 19” there shall be substituted “who is a qualifying young person within the meaning of section 138 of the Contributions and Benefits Act (child and qualifying young person)”; and

(b)for sub-paragraph (b) there shall be substituted the following sub-paragraphs—

(b)has in his applicable amount the disability premium or severe disability premium;

(bb)has satisfied the provisions of paragraph 7 of Schedule 1B for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;

(bc)he is a person to whom paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000(7) applies;.

(4) In regulation 14 (persons of a prescribed description)—

(a)in paragraph (1) for “aged 16 or over but under 19 who is treated as a child for the purposes of Article 4 of the Child Benefit (Northern Ireland) Order 1975 (meaning of child)” there shall be substituted “who falls within the definition of qualifying young person in section 138 of the Contributions and Benefits Act (child and qualifying young person)”; and

(b)paragraph (2)(a)(8) shall be omitted.

(5) In regulation 54 (interpretation for liable relatives) in the definition of “young claimant” for “19” there shall be substituted “20”.

(6) In regulation 61(1) (interpretation for students) in the definition of “full-time student”(9) for “means a person,” there shall be substituted “means a person who is not a qualifying young person or child within the meaning of section 138 of the Contributions and Benefits Act (child and qualifying young person) and”.

(7) In Schedule 1B(10) (prescribed categories of person)—

(a)in paragraph 15 (persons in education) for “severely handicapped persons” there shall be substituted “disabled persons, persons with limited leave to enter or remain”;

(b)before paragraph 28 there shall be inserted the heading “Persons engaged in training”; and

(c)in paragraph 28—

(i)after “A person who is” there shall be inserted “not a qualifying young person or child within the meaning of section 138 of the Contributions and Benefits Act (child and qualifying young person), and who is”, and

(ii)for “Department of Economic Development” there shall be substituted “Department for Employment and Learning”(11).

(8) In Schedule 2 (applicable amounts) in paragraph 2(1)(b)(12) in column (1) for “nineteenth” there shall be substituted “twentieth”.

(9) In Schedule 10 (capital to be disregarded) in paragraph 59(13), in sub-paragraphs (2)(c)(ii)(bb) and (4)(c)(ii)(bb) for “19” there shall be substituted “20”.

Amendment of the Housing Benefit (General) Regulations

3.—(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987(14) shall be amended in accordance with paragraphs (2) to (7).

(2) In regulation 13 (persons of prescribed description)—

(a)in paragraph (1) for “aged 16 or over but under 19 who is treated as a child for the purposes of Article 4 of the Child Benefit (Northern Ireland) Order 1975 (meaning of child)” there shall be substituted “who falls within the definition of qualifying young person in section 138 of the Contributions and Benefits Act (child and qualifying young person)”;

(b)in paragraph (2)(15)—

(i)at the end of sub-paragraph (a) there shall be inserted “or”, and

(ii)sub-paragraph (b) shall be omitted.

(3) In regulation 48A(2)(16) (full-time students to be treated as not liable to make payments in respect of a dwelling) for sub-paragraph (f) there shall be substituted the following sub-paragraph—

(f)who is—

(i)aged under 19 and whose course of study is not a course of higher education, or

(ii)a qualifying young person or child within the meaning of section 138 of the Contributions and Benefits Act (child and qualifying young person); or.

(4) In Schedule 2 (applicable amounts) in paragraph 2(1)(b)(17) in column (1) for “nineteenth” there shall be substituted “twentieth”.

(5) In Schedule 2A (applicable amounts for persons who have attained or whose partner has attained the qualifying age for state pension credit) in paragraph 2(1)(b)(18) in column (1) for “nineteenth” there shall be substituted “twentieth”.

(6) The amendment made by paragraph (5) is to the Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003(19) applies.

(7) In Schedule 5 (capital to be disregarded) in paragraph 61(20) in sub-paragraphs (2)(c)(ii)(bb) and (4)(c)(ii)(bb) for “19” there shall be substituted “20”.

Amendment of the Jobseeker’s Allowance Regulations

4.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(21) shall be amended in accordance with paragraphs (2) to (11).

(2) In regulation 1(2) (citation, commencement and interpretation) in the definition of “full-time student” after “training allowance” there shall be inserted “or a person who is a qualifying young person or child within the meaning of section 138 of the Benefits Act (child and qualifying young person)”.

(3) In regulation 3C(1)(c)(22) (entitlement of a new joint-claim couple to a jobseeker’s allowance) for “no longer receiving full-time education for the purposes of section 138 of the Benefits Act” there shall be substituted “not qualifying young persons within the meaning of section 138 of the Benefits Act (child and qualifying young person)”.

(4) In regulation 54 (relevant education) for paragraph (2) there shall be substituted the following paragraph—

(2) A child or young person shall be treated as receiving full-time education where he is a qualifying young person or child within the meaning of section 138 of the Benefits Act (child and qualifying young person)..

(5) In regulation 57 (interpretation of Part IV) for the definition of “child benefit extension period” there shall be substituted the following definition—

“child benefit extension period” means the extension period within the meaning of regulation 5(3) of the Child Benefit (General) Regulations 2006(23) (extension period: 16 and 17 year olds);.

(6) In regulation 76 (persons of a prescribed description)—

(a)in paragraph (1) for “aged 16 or over but under 19 who is treated as a child for the purposes of section 138 of the Benefits Act (meaning of child)” there shall be substituted “who falls within the definition of qualifying young person in section 138 of the Benefits Act (child and qualifying young person)”; and

(b)paragraph (2)(a)(24) shall be omitted.

(7) In regulation 117 (interpretation for liable relatives) in the definition of “young claimant” for “19” there shall be substituted “20”.

(8) In regulation 168 (persons in receipt of a training allowance)—

(a)in paragraph (1) after “within paragraph (2)” there shall be inserted “and is not a qualifying young person or child within the meaning of section 138 of the Benefits Act (child and qualifying young person)”; and

(b)in paragraph (2) for “Department of Economic Development” there shall be substituted “Department for Employment and Learning”.

(9) In Schedule A1(25) (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order)—

(a)in paragraph 2(26) (member studying full-time) in sub-paragraphs (1)(a), (1A)(b)(i) and (2)(b)(i) for “aged 16 or over but under 19 and is receiving full-time education for the purposes of ” there shall be substituted “a qualifying young person within the meaning of ”; and

(b)in paragraph 16 (young persons in training)—

(i)after “A member who” there shall be inserted “is not a qualifying young person or child within the meaning of section 138 of the Benefits Act (child and qualifying young person) and who”, and

(ii)for “Department of Higher and Further Education, Training and Employment” there shall be substituted “Department for Employment and Learning”.

(10) In Schedule 1 (applicable amounts) in paragraph 2(1)(b)(27) in column (1) for “nineteenth” there shall be substituted “twentieth”.

(11) In Schedule 7 (capital to be disregarded) in paragraph 52(28), in sub-paragraphs (2)(c)(ii)(bb) and (4)(c)(ii)(bb) for “19” there shall be substituted “20”.

Amendment of the State Pension Credit Regulations

5.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(29) shall be amended in accordance with paragraphs (2) to (6).

(2) In regulation 3(4) (persons temporarily absent from Northern Ireland) in the definition of “young person” for “has not attained the age of 19, is treated as a child for the purposes of ” there shall be substituted “is a child or qualifying young person within the meaning of ”.

(3) In Schedule 1 (circumstances in which persons are treated as being or not being severely disabled) in paragraph 2(2)(f) for “treated as a” there shall be substituted “a qualifying young person or”.

(4) In Schedule 2 (housing costs) for “19” there shall be substituted “20” in each of the following provisions—

(a)paragraph 1(2)(b)(i);

(b)paragraph 1(5)(a);

(c)paragraph 4(7)(c)(i);

(d)paragraph 4(11)(c)(iii)(30);

(e)paragraph 4(11)(c)(vi);

(f)paragraph 5(11)(b);

(g)paragraph 10(1)(a);

(h)paragraph 10(5)(b); and

(i)paragraph 12(2)(l).

(5) In Schedule 5 (income from capital) in the definition of “child” for “treated as” there shall be substituted “who is a qualifying young person or” in each of the following paragraphs—

(a)paragraph 6(2); and

(b)paragraph 15(8).

(6) In Schedule 6 (sums disregarded from claimant’s earnings) in paragraph 1(2) in the definition of “child” for “treated as” there shall be substituted “who is a qualifying young person or”.

Sealed with the Official Seal of the Department for Social Development on 13th March 2006.

L.S.

John O'Neill

A senior officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulation 3 of the foregoing Regulations

Sealed with the Official Seal of the Department of Finance and Personnel on 14th March 2006.

L.S.

Richard Pengelly

A senior officer of the

Department of Finance and Personnel

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