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The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011

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Amendment of the Income Support (General) Regulations

This section has no associated Explanatory Memorandum

3.—(1) The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (7).

(2) In regulation 31 (date on which income is treated as paid)—

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

(b)omit paragraphs (3)(2) and (4)(3).

(3) In regulation 32(1)(4) (calculation of weekly amount of income) omit “and regulations 31(3) (date on which income is treated as paid)”.

(4) In regulation 40(1)(5) (calculation of income other than earnings) omit “and regulation 31(3) and (4) (date on which income is treated as paid)”.

(5) In regulation 54 (interpretation) in head (ii) of paragraph (e) of the definition of “payment”(6) after “rent” insert “or rates”.

(6) In Schedule 2 (applicable amounts)—

(a)in paragraph 13A(7) (enhanced disability premium) after sub-paragraph (1) insert—

(1A) Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 141A of the Contributions and Benefits Act(8) (entitlement after death of child or qualifying young person).; and

(b)in paragraph 14(9) (disabled child premium)—

(i)at the end of sub-paragraph (1)(a) omit “or”;

(ii)after sub-paragraph (1)(b) add—

; or

(c)a child or young person in respect of whom section 141A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death., and

(iii)in sub-paragraph (2), after “condition” insert “in sub-paragraph (1)(a) or (b)”.

(7) In Schedule 3 (housing costs)—

(a)in paragraphs 4(4A)(b)(10) (housing costs not met), 14(4)(b) and (12)(c)(11) (linking rule) after “income” insert “equal to or”; and

(b)in paragraph 14—

(i)in sub-paragraph (1)(12) omit “Subject to sub-paragraph (2),”, and

(ii)omit sub-paragraph (2)(13).

(1)

Paragraph (1) was amended by regulation 2(3)(a) of S.R. 2008 No. 428

(2)

Paragraph (3) was substituted by regulation 2(2) of S.R. 2003 No. 338 and amended by regulation 2(3)(b) of S.R. 2008 No. 428

(3)

Paragraph (4) was added by regulation 2(3)(c) of S.R. 2008 No. 428

(4)

Regulation 32(1) was amended by regulation 15(a) of S.R. 1988 No. 146, regulation 10(a) of S.R. 1989 No. 365 and regulation 2(4) of S.R. 2008 No. 428

(5)

Paragraph (1) was amended by regulation 8 of S.R. 1988 No. 431, regulation 9(1)(a) of S.R. 1998 No. 81, paragraph 8(a) of Schedule 1 to S.R. 2003 No. 195 and regulation 2(7) of S.R. 2009 No. 338

(6)

The definition of “payment” was amended by paragraph 14 of Schedule 1 to S.R. 2003 No. 195 (except in a case where regulation 1(3) of those Regulations applies), paragraph 12(4)(b) of Schedule 3 to S.R. 2005 No. 536 and paragraph (e) was substituted by regulation 2(6)(e)(ii) of S.R. 2008 No. 406 and amended by regulation 2(9)(b)(i) of S.R. 2009 No. 338

(7)

Paragraph 13A was inserted by regulation 2(c)(ii) of S.R. 2000 No. 367

(8)

Section 141A was inserted by section 55 of the Tax Credits Act 2002 (c. 21) and amended by paragraph 101(2) to (4) of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and paragraph 38 of Schedule 1 to the Child Benefit Act 2005 (c. 6)

(9)

Paragraph 14 remains in operation by virtue of regulation 1(3) of S.R. 2003 No. 195 and was substituted by regulation 2(7)(g) of S.R. 2007 No. 154

(10)

Paragraph 4(4A) was inserted by regulation 16(2) of S.R. 1997 No. 541 and amended by regulation 2(9)(b)(i) of S.R. 2008 No. 112

(11)

Sub-paragraphs (4) and (12) have amendments which are not relevant to these Regulations

(12)

Sub-paragraph (1) was amended by regulation 2(14)(b) of S.R. 2009 No. 338

(13)

Paragraph 14(2) was amended by Article 7(11)(b)(iii) of S.R. 1999 No. 472 (C. 36), regulation 3(3) of S.R. 2001 No. 29, modified in relation to certain cases by regulation 9(h)(i) of S.R. 2008 No. 503 and further amended by regulation 2(14)(b) of S.R. 2009 No. 338

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