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

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Revocation (subject to savings) of provisions specifying that certain persons are to be treated as not engaged in remunerative work

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4.—(1) Subject to paragraphs (3) to (7), the following provisions are omitted—

(a)in the Income Support Regulations

(i)regulation 6(4)(a) and (d) (persons not treated as engaged in remunerative work), and

(ii)paragraphs 8 and 9 of Schedule 1B (prescribed categories of persons);

(b)in the Jobseeker’s Allowance Regulations

(i)regulation 53(c) and (h) (persons treated as not engaged in remunerative work), and

(ii)paragraphs 7 and 8 of Schedule A1(1) (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order);

(c)regulation 43(2)(a) and (d) of the Employment and Support Allowance Regulations (circumstances under which partners of claimants entitled to an income-related allowance are not to be treated as engaged in remunerative work).

(2) Regulations 20 to 22 (saving provision, circumstances in which regulation 20 ceases to apply and permitted period) of the Income Support (General) (Amendment No. 3) Regulations (Northern Ireland) 1991(2) are also omitted.

(3) Paragraphs (4) to (6) apply to a person (“P”) who in respect of a period which includes the day before the date on which these Regulations come into operation—

(a)is entitled to a specified benefit (irrespective of whether P claims the benefit before, on or after that day), and

(b)falls within one of the provisions referred to in paragraph (1).

(4) Where the specified benefit is income support, regulation 6(4)(a) and (d) of, and paragraphs 8 and 9 of Schedule 1B to, the Income Support Regulations continue to have effect in relation to P’s entitlement to that benefit.

(5) Where the specified benefit is a jobseeker’s allowance, regulation 53(c) and (h) of, and paragraphs 7 and 8 of Schedule A1 to, the Jobseeker’s Allowance Regulations continue to have effect in relation to P’s entitlement to that benefit.

(6) Where the specified benefit is an employment and support allowance, regulation 43(2)(a) and (d) of the Employment and Support Allowance Regulations continue to have effect in relation to P’s entitlement to that benefit.

(7) The provisions saved by paragraphs (4), (5) and (6) continue to have effect in relation to P’s entitlement to the specified benefit until the day on which—

(a)P first ceases to fall within a provision referred to in paragraph (1), or,

(b)P first ceases to be entitled to that benefit,

whichever shall first occur.

(8) In this regulation “specified benefit” means income support, a jobseeker’s allowance or an employment and support allowance.

(1)

Schedule A1 was inserted by Schedule 1 to S.R. 2000 No. 350

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