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The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009

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Amendment of the Employment and Support Allowance Regulations

This section has no associated Explanatory Memorandum

8.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(1) are amended in accordance with regulations (2) to (18).

(2) In regulation 2(1) (interpretation)—

(a)after the definition of “polygamous marriage” insert the following definition—

“public authority” has the meaning given in section 75(3) of the Northern Ireland Act 1998;; and

(b)after the definition of “self-employment route” insert—

“service user group” means a group of individuals that is consulted by or on behalf of—

(a)

a public authority under section 49A of the Disability Discrimination Act 1995,

(b)

a council under section 1 of the Local Government (Best Value) Act (Northern Ireland) 2002,

(c)

the Patient and Client Council under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009,

(d)

a body to which sections 17 to 19 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 applies,

(e)

the Commission or the Office of the Health Professions Adjudicator in consequence of a function under section 108 of the Health and Social Care Act 2008,

(f)

any other public authority in Northern Ireland in consequence of a function conferred under any statutory provision,

for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons;..

(3) In regulation 61(3)(i) (failure to take part in a work-focused interview) for “impossible” substitute “impracticable”.

(4) In the heading to, and in regulation 85(2) and in the heading to Chapter 8 of Part 10(3) (child maintenance and liable relative payments) omit “child maintenance and”.

(5) In the headings to regulations 120(4) (treatment of child maintenance or liable relative payments), 124(5) (calculation of the weekly amount of a child maintenance or liable relative payment) and 125(6) (date on which a child maintenance or liable relative payment is to be treated as paid) omit “child maintenance or”.

(6) After regulation 95(2)(e) (earnings of employed earners) add—

(f)any payment in respect of expenses arising out of the claimant’s participation in a service user group..

(7) In regulation 104(1) (calculation of income other than earnings) after “earnings)” insert “and regulation 93(3)(7) and (4)(8) (date on which income is treated as paid)”.

(8) In regulation 106 (notional income - deprivation and income on application)—

(a)after paragraph (2)(g) insert—

(ga)any sum to which paragraph (9) applies;; and

(b)after paragraph (8) add—

(9) Paragraphs (1) and (2) do not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group..

(9) In regulation 107 (notional income - income due to be paid or income paid to or in respect of a third party) after paragraph (7) add—

(8) Paragraphs (1), (3) and (4) do not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group..

(10) In regulation 108 (notional income - other income)—

(a)after paragraph (3) add—

(4) Paragraphs (1) and (2) do not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group..

(11) In regulation 119 (interpretation)—

(a)omit the definition of “child maintenance”(9);

(b)in the definition of “payment”(10)—

(i)in paragraph (d)(i) for “family” substitute “partner or is made or derived from a person falling within sub-paragraph (d) of the definition of liable relative”, and

(ii)after paragraph (g) add—

(h)to which paragraph 57 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) applies.; and

(c)in paragraph (c) of the definition of “periodical payment”(11) omit “, after the appropriate disregard under paragraph 57 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) has been applied to it,”.

(12) In regulation 120(12) (treatment of child maintenance or liable relative payments) omit “and paragraph 57 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings)”.

(13) In regulation 123(13) (period over which payments other than periodical payments are to be taken into account)—

(a)in paragraph (3) omit sub-paragraph (b) and the preceding “and”; and

(b)in paragraph (10) omit “and, where applicable, the maximum disregard under paragraph 57 of Schedule 8”.

(14) In regulation 153(1) (absence to receive medical treatment) omit sub-paragraph (e) and the preceding “and”.

(15) In Part 1 (prescribed amounts) of Schedule 4 (amounts) in paragraph 1(3)(b)(i) and (ii), in column (1) of the table, for “had they not been members” substitute “if that other member had not been a member”.

(16) In Schedule 6 (housing costs)—

(a)in paragraph 5(13) (circumstances in which a person is to be treated as occupying a dwelling as the home) after the definition of “patient” insert—

“period of study” has the meaning given in regulation 131 (interpretation);; and

(b)in paragraph 15(2)(14) (linking rules) for “has ceased” substitute “ceases on or before 11 April 2010”.

(17) In Schedule 7 (sums to be disregarded in the calculation of earnings)—

(a)in paragraph 1(1)(b) for “regulation 95(1)(e) or (l) (in so far as it relates to regulation 95(1)(e) (earnings of employed earners)” substitute “ sub-paragraph (2)(a) or (b)(ii)”;

(b)for paragraph 1(2)(a) substitute—

(a)any payment of the nature described in—

(i)regulation 95(1)(e) or (l) (in so far as it relates to regulation 95(1)(e)) (earnings of employed earners), or

(ii)Article 60, 96 or 100 of the Employment Rights (Northern Ireland) Order 1996(15) (guarantee payments, suspension from work on medical or maternity grounds); and; and

(c)in paragraph 2(1) for “regulation 95(1)(e) or (l) (in so far as it relates to regulation 95(1)(e))” substitute “paragraph 1(2)(a) or (b)(ii)”.

(18) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a)after paragraph 2 insert—

2A.  Any payment in respect of expenses arising out of the claimant’s participation in a service user group.;

(b)in paragraph 16(d)(16)—

(i)for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within Article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005(17)”,

(ii)for “the pension payable under either of those schemes” substitute “that pension or payment”, and

(iii)for “ aggregate with the” substitute “ aggregate with any”;

(c)in paragraph 25(1)(d) after “order)” insert “, or in Scotland section 50 of the Children Act 1975 (payments towards maintenance of children)”; and

(d)for paragraph 57 substitute—

57.(1) Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.

(2) In paragraph (1)—

“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—

(a)

the Child Support (Northern Ireland) Order 1991(18);

(b)

the Child Support Act 1991(19);

(c)

a court order;

(d)

a consent order;

(e)

a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;

“liable relative” means a person listed in regulation 119 (interpretation), other than a person falling within paragraph (d) of that definition..

(2)

Regulation 85 was substituted by regulation 3(9) of S.R. 2008 No. 413

(3)

The heading to Chapter 8 was substituted by regulation 3(16) of S.R. 2008 No. 413

(4)

The heading to regulation 120 was amended by regulation 3(18)(a) of S.R. 2008 No. 413

(5)

The heading to regulation 124 was amended by regulation 3(20) of S.R. 2008 No. 413

(6)

The heading to regulation 125 was amended by regulation 3(21) of S.R. 2008 No. 413

(7)

Regulation 93(3)was amended by regulation 8(4)(a) of S.R. 2009 No. 92

(8)

Regulation 93(4) was added by regulation 8(4)(b) of S.R. 2009 No. 92

(9)

The definition of “child maintenance” was inserted by regulation 3(17)(a) of S.R. 2008 No. 413

(10)

The definition of “payment” was amended by regulation 3(17)(d) of S.R. 2008 No. 413

(11)

Paragraph (c) of the definition of “periodical payment” was amended by regulation 3(17)(e)(ii) of S.R. 2008 No. 413

(12)

Regulation 120 was amended by regulation 3(18)(b) of S.R. 2008 No. 413

(13)

Regulation 123 was substituted by regulation 3(19) of S.R. 2008 No. 413

(14)

Paragraph 15(2) was modified in relation to certain cases by regulation 11(h)(i) of S.R. 2008 No. 503

(16)

Paragraph 16(d) was amended by regulation 8(3)(a) of S.R. 2008 No. 498

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