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The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2006

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Amendment of the Income Support (General) Regulations

5.—(1) The Income Support (General) Regulations (Northern Ireland) 1987 shall be amended in accordance with paragraphs (2) to (10).

(2) In regulation 35(1)(k)(1) (earnings of employed earners) for “regulation 18(22) to (25) of the Social Security (Contributions) Regulations (Northern Ireland) 1979 (calculation of earnings)” substitute “Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001”(2).

(3) In regulation 48(4)(3) (income treated as capital) for “or 25 to 28” substitute “, 25 to 28 or 43”.

(4) In regulation 65(4) (relationship with amounts to be disregarded under Schedule 9) omit from “and any other income” to the end.

(5) In Schedule 1B(5) (prescribed categories of person)—

(a)omit paragraph 16(6) (certain persons aged 50 who have not been in remunerative work for 10 years); and

(b)for paragraph 19(7) (persons required to attend a court or tribunal) substitute—

Persons required to attend a court or tribunal

19.(1) A person who is required to attend a court or tribunal as a justice of the peace, a lay magistrate, a party to any proceedings, a witness or a juror.

(2) In this paragraph “tribunal” means—

(a)any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992(8); or

(b)any tribunal established under an enactment..

(6) In—

(a)paragraphs 10(4)(9) and 12(1A)(10) of Schedule 2 (applicable amounts); and

(b)paragraphs 7(10)(11) and 14(3AA)(b)(12) and (10)(13) of Schedule 3 (housing costs),

for “52 weeks” substitute “104 weeks”.

(7) In Schedule 3(14) (housing costs)—

(a)after paragraph 1(3)(b)(15) add—

; or

(c)who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002(16).;

(b)in paragraph 3(7)(c) (circumstances in which a person is to be treated as occupying a dwelling as his home) for head (ii) substitute—

(ii)the move was delayed pending the outcome of an application under Part VIII of the Contributions and Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and—

(aa)a member of the claimant’s family is aged five or under,

(bb)the claimant’s applicable amount includes a premium under paragraph 9, 9A, 10, 11, 13 or 14 of Schedule 2 (applicable amounts), or

(cc)a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002, or; and

(c)in paragraph 7 (transitional protection) after sub-paragraph 4 insert—

(4A) For the purposes of sub-paragraphs (3) and (4), there is an increase in the amount of existing housing costs where in any benefit week, those costs are higher than they were in the previous benefit week (whether or not those costs are higher than they were in the second benefit week)..

(8) In paragraphs 7(1)(d) and 15A(a)(17) of Schedule 8 (sums to be disregarded in the calculation of earnings) for “Schedule 3 to the Social Security (Contributions) Regulations 1979” substitute “Schedule 6 to the Social Security (Contributions) Regulations 2001”.

(9) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 15(18)—

(i)for sub-paragraph (1) substitute—

(1) Subject to sub-paragraph (3) and paragraph 39, any relevant payment made or due to be made at regular intervals.,

(ii)in sub-paragraph (3) for “Sub-paragraphs (1) and (2)” substitute “Sub-paragraph (1)”, and

(iii)omit sub-paragraphs (2), (4) and (5);

(b)omit paragraph 15A(19);

(c)in paragraph 26(20) for sub-paragraph (b) substitute—

(b)a juvenile justice centre, within the meaning of Article 51(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998(21), under Article 43(2) of that Order to a person who is caring for a child and with whom that child is in the charge of under paragraph 4 of Schedule 2 to that Order.;

(d)in paragraph 27(22) for sub-paragraph (b) substitute—

(b)made to the claimant or his partner for a person who is not normally a member of the claimant’s household but is temporarily in his care by a juvenile justice centre within the meaning of Article 51(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998.;

(e)in paragraph 30A(23) omit “but not a payment to which paragraph 15A applies”; and

(f)in paragraph 36(24) for “paragraphs 15(1) and 16” substitute “paragraph 16”.

(10) In Schedule 10 (capital to be disregarded)—

(a)in paragraph 12(25) after “claimant” insert “or the claimant’s partner”;

(b)after paragraph 12 insert—

12A.(1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.

(2) But sub-paragraph (1)—

(a)applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;

(b)does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);

(c)ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

(d)does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

(3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

(4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).; and

(c)for paragraph 43(26) substitute—

43.(1) Any sum of capital to which sub-paragraph (2) applies and—

(a)which is administered on behalf of a person by the High Court under the provisions of Order 80 or 109 of the Rules of the Supreme Court (Northern Ireland) 1980(27) or by a County Court under Order 44 of the County Court Rules (Northern Ireland) 1981(28) or Article 21 of the County Courts (Northern Ireland) Order 1980(29);

(b)which can only be disposed of by order or direction of any such court; or

(c)where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.

(2) This sub-paragraph applies to a sum of capital which is derived from—

(a)an award of damages for a personal injury to that person; or

(b)compensation for the death of one or both parents where the person concerned is under the age of 18..

(1)

Sub-paragraph (k) was added by regulation 2(4)(a) of S.R. 1999 No. 249

(3)

Paragraph (4) was amended by regulation 10(a) of S.R. 1988 No. 431

(4)

Regulation 65 was amended by regulation 12 of S.R. 1990 No. 131 and regulation 7(a) of S.R. 1996 No. 93

(5)

Schedule 1B was inserted by regulation 22 of, and Schedule 1 to, S.R. 1996 No. 199

(6)

Paragraph 16 was amended by regulation 2 of S.R. 1997 No. 165

(7)

Paragraph 19 was substituted by regulation 2 of S.R. 2006 No. 234

(9)

Sub-paragraph (4) was added by regulation 8(3)(a) of S.R. 1998 No. 324

(10)

Sub-paragraph (1A) was inserted by regulation 8(3)(b) of S.R. 1998 No. 324

(11)

Sub-paragraph (10) was added by regulation 8(4)(a) of S.R. 1998 No. 324

(12)

Sub-paragraph (3AA) was inserted by regulation 2(1)(b) of S.R. 1999 No. 315

(13)

Sub-paragraph (10) was added by regulation 8(4)(b) of S.R. 1998 No. 324 and amended by reg 6(b) of S.R. 2001 No. 78

(14)

Schedule 3 was substituted by regulation 2 of S.R. 1995 No. 301

(15)

Paragraph 1(3)(b) was amended by regulation 2(3)(a)(ii) of S.R. 1995 No. 434

(17)

Paragraph 15A was inserted by regulation 5(11)(c) of S.R. 1996 No. 405

(18)

Paragraph 15 was substituted by regulation 20(a) of S.R. 1990 No. 131; sub-paragraph (1) was substituted by regulation 4(22)(b)(i) of S.R. 1993 No. 373 and amended by regulation 7(a) of S.R. 1996 No. 93 and regulation 3(1)(a) of S.R. 2002 No. 299; sub-paragraph (2) was amended by paragraph 17(b)(i) of Part 1 of the Schedule to S.R. 2002 No. 132 and regulation 3(1)(b) of S.R. 2002 No. 299; sub-paragraph (4) was amended by regulation 3(1)(c) of S.R. 2002 No. 299

(19)

Paragraph 15A was inserted by regulation 4(5)(c) of S.R. 1993 No. 165 and amended by paragraph 17(c) of Part I of the Schedule to S.R. 2002 No. 132 and paragraph 12(a) of Schedule 1 to S.R. 2005 No. 458

(20)

Paragraph 26 was substituted by regulation 2(8)(b) of S.R. 1998 No. 2

(22)

Paragraph 27 was substituted by regulation 4(1) and (2)(d) of S.R. 1998 No. 81

(23)

Paragraph 30A was inserted by regulation 4(22)(e) of S.R. 1993 No. 373 and sub-paragraph (1) was amended by paragraph 12(b) of Schedule 1 to S.R. 2005 No. 458

(24)

Paragraph 36 was amended by regulation 20(d) of S.R. 1990 No. 131, regulation 4(4) of S.R. 1990 No. 305, regulation 7(a) of S.R. 1996 No. 93 and regulation 2(8) of S.R. 2000 No. 242

(25)

Paragraph 12 was substituted by regulation 9(c) of S.R. 1990 No. 346

(26)

Paragraph 43 was added by regulation 2(11)(b) of S.R. 1994 No. 327 and amended by regulation 7(5) and (6)(d) of S.R. 1997 No. 412

(27)

S.R. 1980 No. 346; Order 109 was added by S.R. 1986 No. 184

(28)

S.R. 1981 No. 225; Order 44 was amended by S.R. 1986 No. 218 and S.R. 1988 No.100

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