1.—(1) These Regulations may be cited as the Social Security (Child Benefit Disregard) Regulations (Northern Ireland) 2008 and shall come into operation on 5th January 2009.
(2) Subject to paragraph (3) regulations 2 to 4 cease to have effect and are revoked on 6th April 2009; and on and after that date the Income Support Regulations, the Jobseeker’s Allowance Regulations and the Housing Benefit Regulations shall have effect as if regulations 2 to 4 had not been made.
(3) Regulation 4 ceases to have effect and is revoked on 1st April 2009 in relation to a claimant whose eligible rent falls to be calculated in accordance with regulation 78(2)(b) or (c) of the Housing Benefit Regulations (calculation of weekly income); and on and after that date the Housing Benefit Regulations shall have effect in relation to such a claimant as if regulation 4 had not been made.
(4) In these Regulations—
“the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006(1);
“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(2);
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(3).
(5) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Assembly.
2. In Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 5B(5) insert—
“5C.—(1) £1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.
(2) 65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).
(3) This paragraph does not apply to a claimant in relation to whom regulation 2 of, and Schedule 1 to, the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003(6) has effect.
(4) In sub-paragraphs (1) and (2)—
“claimant” includes a partner of the claimant;
“child” and “qualifying young person” have the meanings given in section 138(7) of the Contributions and Benefits Act;
“treated as responsible” is to be construed in accordance with section 139(8) of the Contributions and Benefits Act;
“the enhanced rate” has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulations 2006(9).”.
3. In Schedule 6 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 6B(10) insert—
“6C.—(1) £1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.
(2) 65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).
(3) This paragraph does not apply to a claimant in relation to whom regulation 3 of, and Schedule 2 to, the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003 has effect.
(4) In sub-paragraphs (1) and (2)—
“claimant” includes a partner of the claimant;
“child” and “qualifying young person” have the meanings given in section 138 of the Benefits Act;
“treated as responsible” is to be construed in accordance with section 139 of the Benefits Act;
“the enhanced rate” has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulations 2006.”.
4. In Schedule 6 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings), after paragraph 63 add—
“64.—(1) £1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.
(2) 65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).
(3) In this paragraph—
“claimant” includes a partner of the claimant;
“child” and “qualifying young person” have the meanings given in section 138 of the Act;
“treated as responsible” is to be construed in accordance with section 139 of the Act;
“the enhanced rate” has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulations 2006.”.
Sealed with the Official Seal of the Department for Social Development on 11th December 2008
(L.S.)
John O’Neill
A senior officer of the Department for Social Development
The Department of Finance and Personnel consents to regulation 4.
Sealed with the Official Seal of the Department of Finance and Personnel on 12th December 2008
(L.S.)
Adrian Arbuthnot
A senior officer of the Department of Finance and Personnel