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The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2010

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Abolition of urgent case payments: supplementary provisions

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3.—(1) The following consequential amendments have effect.

(2) In the Income Support Regulations

(a)in regulation 17(1)(1) (applicable amounts) omit “and 70” and “and urgent cases”;

(b)in regulation 18(1)(2) (polygamous marriages) omit “and 70” and “and urgent cases”;

(c)after regulation 22A(3) (reduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work) insert—

Period for which applicable amount is to be calculated where person not excluded from income support under section 115 of the Immigration and Asylum Act

22B.  Where paragraph 1 of Part 1 of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000(4) applies in respect of entitlement to income support, the period for which a claimant’s weekly applicable amount is to be calculated shall be any period, or the aggregate of any periods, not exceeding 42 days during any one period of leave to which that paragraph of that Part of the Schedule to those Regulations applies.;

(d)in Schedule 1B(5) (prescribed categories of person), for paragraph 21(6) (persons from abroad) substitute—

Persons from abroad

21.  A person not excluded from entitlement to income support under section 115 of the Immigration and Asylum Act by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 except for a person to whom paragraphs 2, 3 and 4 of Part 1 of the Schedule to those Regulations applies..

(3) In the Jobseeker’s Allowance Regulations

(a)in regulation 83(7) (applicable amounts) omit “or Part X” and “and urgent cases”;

(b)in regulation 84(1)(8) (polygamous marriages) omit “or Part X (urgent cases)”;

(c)in regulation 86A(9) (applicable amounts for joint-claim couples) omit “or Part X (urgent cases)”;

(d)in regulation 86B(10) (applicable amounts for joint-claim couples: polygamous marriages) omit “or Part X (urgent cases)”.

(4) In the Employment and Support Allowance Regulations

(a)in regulation 67(1) (prescribed amounts) omit “and 163” and “and urgent cases”;

(b)in regulation 68(1) (polygamous marriages) for “regulations 69 and 163 (special cases and urgent cases)” substitute “regulation 69 (special cases)”.

(5) In regulation 2 of the Immigration and Asylum Regulations (persons not excluded from specified benefits under section 115 of the Act)—

(a)for paragraph (5)(11) substitute—

(5) For the purposes of entitlement to income support, a jobseeker’s allowance, an employment and support allowance or a social fund payment under the Contributions and Benefits Act, as the case may be, a person who is an asylum seeker within the meaning of paragraph (5) of regulation 11 who has not ceased to be an asylum seeker by virtue of paragraph (6) of that regulation is a person to whom section 115 of the Act does not apply.;

(b)in paragraph (8)(12), for “state pension credit, the period for which a claimant’s state pension credit” substitute “state pension credit, or income-related employment and support allowance, as the case may be, the period for which a claimant’s state pension credit, or income-related employment and support allowance, as the case may be,”.

(1)

Regulation 17(1) was amended by regulation 2 of S.R. 1988 No. 193, regulation 9 of S.R. 1996 No. 199, paragraph 2(a) of Schedule 1 to, S.R. 2003 No. 195, regulation 2(3) of S.R. 2003 No. 267 and regulation 2(4)(a) of S.R. 2006 No. 97

(2)

Regulation 18(1) was amended by regulation 5(a) of S.R. 1988 No. 274, regulation 5 of S.R. 1988 No. 318, regulation 5 of S.R. 1989 No. 249, regulation 10(a)(ii) of S.R. 1996 No. 199, paragraph 4 of Part I of the Schedule to, S.R. 2002 No. 132, paragraph 3(a) of Schedule 1 to S.R. 2003 No. 195, regulation 2(4) of S.R. 2003 No. 267 and regulation 2(4)(b) of S.R. 2006 No. 97

(3)

Regulation 22A was inserted by regulation 13 of S.R. 1996 No. 199

(5)

Schedule 1B was inserted by Schedule 1 to S.R. 1996 No. 199

(6)

Paragraph 21 was amended by regulation 5(9)(b) of S.R. 2000 No. 71

(7)

Regulation 83 was amended by paragraph 4 of Part II of the Schedule to S.R. 2002 No. 132, paragraph 2(a) of Schedule 2 to S.R. 2003 No. 195 and regulation 4(3) of S.R. 2003 No. 267

(8)

Regulation 84(1) was amended by paragraph 5 of Part II of the Schedule to, S.R. 2002 No. 132, paragraph 3(a) of Schedule 2 to S.R. 2003 No. 195 and regulation 4(4) of S.R. 2003 No. 267

(9)

Regulation 86A was inserted by paragraph 35 of Schedule 2 to S.R. 2000 No. 350 and amended by paragraph 8 of Part II of the Schedule to, S.R. 2002 No. 132 and regulation 4(6) of S.R. 2003 No. 267

(10)

Regulation 86B was inserted by paragraph 35 of Schedule 2 to S.R. 2000 No. 350 and amended by regulation 4(7) of S.R. 2003 No. 267

(11)

Paragraph (5) was amended by regulation 23(3)(c) of S.R. 2008 No. 286

(12)

Paragraph (8) was inserted by regulation 6(c) of S.R. 2003 No. 421

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