The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008

Amendment of the Jobseeker’s Allowance Regulations

4.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(1) are amended in accordance with paragraphs (2) to (9).

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a)omit the definitions of—

(i)“the Independent Living Fund”;

(ii)“the Independent Living Funds”(2);

(iii)“the Independent Living (Extension) Fund”, and

(iv)“the Independent Living (1993) Fund”;

(b)for the definition of “sandwich course”(3) substitute—

““sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations (Northern Ireland) 2008, regulation 2(10) of the Education (Student Support) (No. 2) Regulations 2008 or regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007 as the case may be;”; and

(c)in the definition of “training allowance”(4) omit “sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or”.

(3) In regulation 96 (date on which income is treated as paid)—

(a)in paragraph (1)(5) for “paragraph (2) or (3) applies” substitute “paragraphs (2) to (4) apply”;

(b)in paragraph (3)(6)—

(i)for “Working tax credit or child tax credit” substitute “Subject to paragraph (4) working tax credit”, and

(ii)omit paragraph (c) and the preceding “or”; and

(c)after paragraph (3) insert—

“(4) Where working tax credit is paid by virtue of regulation 7D (ceasing to undertake work or working less than 16 hours a week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002, it shall be treated as paid on the first day of the benefit week in which that award of tax credit begins; but this paragraph shall only apply until the last day of the last benefit week that coincides with or precedes the last day for which tax credit is awarded under that regulation.”.

(4) In regulation 97(1)(7) (calculation of weekly amount of income)—

(a)after “other than earnings)” insert “and regulation 96(3) (date on which income is treated as paid)” and after “a payment” insert “of income or tax credit”; and

(b)for sub-paragraph (b)(iii) substitute—

“(iii)in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7; and

(iiia)in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52;”.

(5) In—

(a)regulation 105(10A)(a)(8) (notional income);

(b)regulation 110(10)(c) (income treated as capital);

(c)regulation 113(3A)(a)(9) (notional capital);

(d)regulation 149(1)(a)(i)(10) (assessment of income and capital in urgent cases);

(e)paragraph 17(8)(b) of Schedule 2 (housing costs);

(f)paragraphs 22(2) and 41(1) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings); and

(g)paragraphs 27(1)(11) and 31 of Schedule 7 (capital to be disregarded),

for “Funds” substitute “Fund (2006)”.

(6) In regulation 130 (interpretation)—

(a)in paragraph (c)(12) of the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”; and

(b)in the definition of “student loan”(13) for “the Students’ Allowances (Scotland) Regulations 1999” substitute “the Students’ Allowances (Scotland) Regulations 2007(14)”.

(7) In regulation 136 (treatment of student loans)—

(a)in paragraph (1)(15) omit “unless it is a hardship loan in which case it shall be disregarded”; and

(b)omit paragraph (1A).

(8) In Schedule 2 (housing costs)—

(a)in paragraph 4(10)(b)(16) (housing costs not met) for “children” substitute “persons” and for “who belong to the same family as a claimant”, substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”;

(b)in paragraph 13(3)(17) (linking rule) omit “provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or”;

(c)in paragraph 15(2)(l) (loans for repairs and improvements to the dwelling occupied as the home) for “children” substitute “persons” and for “who are part of the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”; and

(d)for paragraph 17(7)(b)(18) (non-dependant deductions) substitute—

“(b)if he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the Employment and Training Act (Northern Ireland) 1950 for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;”.

(9) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) omit paragraph 44.

(2)

The definition of “the Independent Living Funds” was amended by Article 4(a) of S.R. 2007 No. 382

(3)

The definition of “sandwich course” was substituted by regulation 3(2)(b) of S.R. 2000 No. 242 and amended by regulation 2(3)(a) of S.R. 2002 No. 222

(4)

The definition of “training allowance” was amended by regulation 4(2)(b) of S.R. 2008 No. 112

(5)

Paragraph (1) was amended by regulation 3(2)(a) of S.R. 2000 No. 74

(6)

Paragraph (3) was substituted by regulation 4(2) of S.R. 2003 No. 338

(7)

Paragraph (1) was amended by regulation 5(9) of S.R. 1997 No. 130

(8)

Paragraph (10A) was inserted by regulation 2(1)(b) of S.R. 1998 No. 326

(9)

Paragraph (3A) was inserted by regulation 3(1)(b) of S.R. 1998 No. 326; sub-paragraph (a) was amended by regulation 2(1) and (2)(c) of S.R. 2004 No. 389 and regulation 4(3) of S.R. 2005 No. 550

(10)

Sub-paragraph (a) was substituted by regulation 12(2)(a) of S.R. 1998 No. 81

(11)

Paragraph 27(1) was amended by regulation 3(5) and (6)(b) of S.R. 2004 No. 213 and regulation 4(5)(a) of S.R. 2005 No. 550

(12)

Paragraph (c) was substituted by regulation 2(1)(d) of S.R. 2001 No. 278

(13)

The definition of “student loan” was substituted by regulation 2(2)(b) of S.R. 1999 No. 317 and amended by regulation 2(1)(e) of S.R. 2001 No. 278

(15)

Paragraph (1) was substituted by regulation 3(6)(a) of S.R. 2000 No. 242

(16)

Sub-paragraph (b) was amended by paragraph 54(4)(a) of Schedule 2 to S.R. 2000 No. 350

(17)

Sub-paragraph (3) was substituted by regulation 7(2) of S.R. 1997 No. 165 and amended by paragraph 54(8)(d) of Schedule 2 to S.R. 2000 No. 350

(18)

Sub-paragraph (7)(b) was substituted by regulation 2(18)(b)(ii) of S.R. 1996 No. 503