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The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2012

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2012 and shall come into operation on 5th November 2012.

(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support Regulations

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(2) are amended in accordance with paragraphs (2) to (4).

(2) In regulation (2)(1)(3) (interpretation) after the definition of “the Contributions and Benefits Act” insert—

“the Contributions Regulations” means the Social Security (Contributions) Regulations 2001(4);.

(3) In regulation 29(5) (calculation of earnings derived from employed earner’s employment and income other than earnings) after paragraph (2A)(6) insert—

(2B) Earnings derived by a claimant as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations in respect of a period of annual continuous training for a maximum of 15 days in any calendar year, whether paid to the claimant alone or together with other earnings derived from the same source, are to be taken into account—

(a)in the case of a period of training exceeding 14 days, over a period of 14 days;

(b)in any other case, over a period which is equal to the duration of the training period.

(2C) The period over which earnings to which paragraph (2B) applies are to be taken into account shall begin on the date on which the payment is treated as paid under regulation 31..

(4) In Schedule 8 (sums to be disregarded in the calculation of earnings) for paragraph 15A(7) substitute—

15A.(1) Where earnings to which sub-paragraph (2) applies (in aggregate with the claimant’s other income (if any) calculated in accordance with this Part) exceed the applicable amount (as specified in Part IV and Schedule 2) less 10 pence, the amount of those earnings corresponding to that excess.

(2) This sub-paragraph applies to earnings, in so far as they exceed the amount disregarded under paragraph 7, derived by the claimant from employment as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations in respect of a period of annual continuous training for a maximum of 15 days in any calendar year..

Amendment of the Jobseeker’s Allowance Regulations

3.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(8) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 50 (persons temporarily absent from Northern Ireland) after paragraph (6C)(9) insert—

(6D) For the purposes of the Order, a person shall be treated as being in Northern Ireland during any period of temporary absence from Northern Ireland not exceeding 15 days where—

(a)the absence is for the purpose of taking part in annual continuous training as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations; and

(b)the person or the person’s partner was entitled to a jobseeker’s allowance immediately before the period of absence began..

(3) In regulation 94(2B)(a)(10) (calculation of earnings derived from employed earner’s employment and income other than earnings) omit “or which is equal to the duration of the training period,”.

Amendment of the Employment and Support Allowance Regulations

4.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(11) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 91(12) (calculation of earnings derived from employed earner’s employment and income other than earnings) after paragraph (3) insert—

(3A) Earnings derived by a claimant’s partner as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Social Security (Contributions) Regulations 2001 in respect of a period of annual continuous training for a maximum of 15 days in any calendar year, whether paid to the claimant’s partner alone or together with other earnings derived from the same source, are to be taken into account—

(a)in the case of a period of training exceeding 14 days, over a period of 14 days, or

(b)in any other case, over a period which is equal to the duration of the training period.

(3B) The period over which earnings to which paragraph (3A) applies are to be taken into account shall begin on the date on which the payment is treated as paid under regulation 93..

(3) In Schedule 7 (sums to be disregarded in the calculation of earnings) after paragraph 11 insert—

11A.(1) In the case of an income-related employment and support allowance, where earnings to which sub-paragraph (2) applies (in aggregate with the claimant’s other income (if any) calculated in accordance with this Part) exceed the applicable amount (calculated as specified in section 4(2) and (3) of the Act) less 10 pence, the amount of those earnings corresponding to that excess.

(2) This paragraph applies to earnings, in so far as they exceed the amount disregarded under paragraph 7, derived by the claimant’s partner from employment as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Social Security (Contributions) Regulations 2001(13) in respect of annual continuous training for a maximum period of 15 days in any calendar year..

Revocation

5.  Regulation 5(11)(c) of the Income-Related Benefits and Social Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 1996(14) is revoked.

Sealed with the Official Seal of the Department for Social Development on 15th October 2012

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

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