The Income-Related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit Amendment) Regulations (Northern Ireland) 2003

Statutory Rules of Northern Ireland

2003 No. 1

HOUSING; RATES; SOCIAL SECURITY

The Income-Related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit Amendment) Regulations (Northern Ireland) 2003

Made

2nd January 2003

Coming into operation in accordance with regulations 1(2) to (6)

The Department for Social Development, in exercise of the powers conferred on it by sections 122(1)(a) and (d), 131(1), 132(3) and (4)(a), (b) and (c), 133(2)(m) and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and Articles 14(2), (3) and (4)(b), 36(2) of, and paragraph 13 of Schedule 1 to the Jobseekers (Northern Ireland) Order 1995(2) and now vested in it(3), and of all other powers enabling it in that behalf, by this statutory rule, which contains only regulations which are consequential upon sections 1(1) and (3)(d) and 60 of, and Schedule 6 to, the Tax Credits Act 2002(4) and which is made before the end of a period of six months from the commencement of those provisions, with the consent of the Department of Finance and Personnel(5) in so far as regulation 3 and Schedule 2 are concerned, hereby makes the following Regulations:

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Income-Related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit Amendment) Regulations (Northern Ireland) 2003.

(2) This regulation, regulation 2 and Schedule 1 shall have effect in relation to any particular claimant for income support from the first day of the first benefit week to commence for that claimant on or after 6th April 2003 and in this paragraph “benefit week”(6) and “claimant” shall have the same meaning as in regulation 2(1) of the Income Support Regulations.

(3) Subject to paragraphs (4) and (5), regulation 3 and Schedule 2 shall come into operation on 1st April 2003.

(4) Paragraphs 1, 7, 10, 11 and 12 of Schedule 2 and regulation 3 in so far as it relates to those paragraphs shall come into operation on 7th April 2003.

(5) In a case where rent is or rates are payable at intervals of a week or any multiple thereof, paragraphs 2 to 6, 8 and 9 of Schedule 2 and regulation 3 in so far as it relates to those paragraphs shall come into operation on 7th April 2003.

(6) This regulation, regulation 4 and Schedule 3 shall have effect in relation to any particular claimant for a jobseeker’s allowance from the first day of the first benefit week to commence for that claimant on or after 6th April 2003 and in this paragraph “benefit week”(7) shall have the same meaning as in regulation 1(2) of the Jobseeker’s Allowance Regulations.

(7) In these Regulations–

F1 ...

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(8);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(9).

(8) The Interpretation Act (Northern Ireland) 1954(10) shall apply to these Regulations as it applies to an Act of the Assembly.

Textual Amendments

F1 Words in reg. 1(7) revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)

Commencement Information

I1 Reg. 1 in operation at 6.4.2003 with effect in accordance with reg. 1(2)(6)

Amendment of the Income Support Regulations N.I.

2.  The Income Support Regulations shall be amended in accordance with Schedule 1 and references in that Schedule to regulations and Schedules are to regulations of and Schedules to those Regulations.

Commencement Information

I2 Reg. 2 in operation at 6.4.2003 with effect in accordance with reg. 1(2)

Amendment of the Housing Benefit Regulations N.I.

F2 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 3 revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)

Amendment of the Jobseeker’s Allowance Regulations N.I.

4.  The Jobseeker’s Allowance Regulations shall be amended in accordance with Schedule 3 and references in that Schedule to regulations and Schedules are to regulations of and Schedules to those Regulations.

Commencement Information

I3 Reg. 4 in operation at 6.4.2003 with effect in accordance with reg. 1(6)

Sealed with the Official Seal of the Department for Social Development on 2nd January 2003.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulation 3 of and Schedule 2 to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 2nd January 2003.

L.S.

N. Taylor

Senior Officer of the

Department of Finance and Personnel

Regulation 2

SCHEDULE 1 N.I. AMENDMENTS TO THE INCOME SUPPORT REGULATIONS

1.  In regulation 2(1) (interpretation)– N.I.

(a) after the definition of “child benefit” there shall be inserted the following definition–

““child tax credit” means a child tax credit under section 8 of the Tax Credits Act 2002;”;

(b) after the definition of “welfare to work beneficiary”(11) there shall be inserted the following definition–

““working tax credit” means a working tax credit under section 10 of the Tax Credits Act 2002;”, and

(c) the definitions of “disabled person’s tax credit”(12) and “working families' tax credit”(13) shall be omitted.

Commencement Information

I4 Sch. 1 para. 1 in operation at 6.4.2003 with effect in accordance with reg. 1(2)

2.  In regulation 14 (persons of a prescribed description) after paragraph (2)(14) there shall be added the following paragraph– N.I.

“(3) A person of a prescribed description for the purposes of section 133(1) of the Contributions and Benefits Act as it applies to income support (definition of family) includes a child or young person in respect of whom section 141A(15) of that Act applies for the purposes of entitlement to child benefit but only for the period prescribed under section 141A(1) of that Act.”.

Commencement Information

I5 Sch. 1 para. 2 in operation at 6.4.2003 with effect in accordance with reg. 1(2)

3.  In regulation 15 (circumstances in which a person is to be treated as responsible or not responsible for another) at the end of paragraph (1)(16) there shall be added “and this includes a child or young person to whom regulation 14(3) applies”. N.I.

Commencement Information

I6 Sch. 1 para. 3 in operation at 6.4.2003 with effect in accordance with reg. 1(2)

4.  In regulation 31 (date on which income is treated as paid) for paragraph (3)(17) there shall be substituted the following paragraph– N.I.

“(3) Where an award of working tax credit or child tax credit does not commence on the first day of a benefit week, it shall be treated as paid on the first day of the benefit week that follows the date of the award.”.

Commencement Information

I7 Sch. 1 para. 4 in operation at 6.4.2003 with effect in accordance with reg. 1(2)

F3 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F3 Sch. 1 para. 5 omitted (1.4.2003) by virtue of The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/195), reg. 1(10)(b), Sch. 4 para. 5

Regulation 3

F4 SCHEDULE 2 N.I. AMENDMENTS TO THE HOUSING BENEFIT REGULATIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 2 revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)

Regulation 4

SCHEDULE 3 N.I. AMENDMENTS TO THE JOBSEEKER'S ALLOWANCE REGULATIONS

1.  In regulation 1(2) (interpretation)– N.I.

(a) after the definition of “the Child Benefit Regulations” there shall be inserted the following definition–

““child tax credit” means a child tax credit under section 8 of the Tax Credits Act 2002;”;

(b) after the definition of “welfare to work beneficiary”(18) there shall be inserted the following definition–

““working tax credit” means a working tax credit under section 10 of the Tax Credits Act 2002;”, and

(c) the definitions of “disabled person’s tax credit”(19) and “working families' tax credit”(20) shall be omitted.

Commencement Information

I8 Sch. 3 para. 1 in operation at 6.4.2003 with effect in accordance with reg. 1(6)

2.  In regulation 76 (persons of a prescribed description) after paragraph (2) there shall be added the following paragraph– N.I.

“(3) A person of a prescribed description for the purposes of the definition of “family” in Article 2 of the Order includes a child or young person in respect of whom section 141A of the Benefits Act applies for the purposes of entitlement to child benefit but only for the period prescribed under section 141A(1) of that Act.”.

Commencement Information

I9 Sch. 3 para. 2 in operation at 6.4.2003 with effect in accordance with reg. 1(6)

3.  In regulation 77 (circumstances in which a person is to be treated as responsible or not responsible for another) at the end of paragraph (1) there shall be added “and this includes a child or young person to whom regulation 76(3) applies”. N.I.

Commencement Information

I10 Sch. 3 para. 3 in operation at 6.4.2003 with effect in accordance with reg. 1(6)

4.  In regulation 96 (date on which income is treated as paid) for paragraph (3)(21) there shall be substituted the following paragraph– N.I.

“(3) Where an award of working tax credit or child tax credit does not commence on the first day of a benefit week, it shall be treated as paid on the first day of the benefit week that follows the date of the award.”.

Commencement Information

I11 Sch. 3 para. 4 in operation at 6.4.2003 with effect in accordance with reg. 1(6)

F5 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F5 Sch. 3 para. 5 omitted (1.4.2003) by virtue of The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/195), reg. 1(10)(b), Sch. 4 para. 5

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Income Support (General) Regulations (Northern Ireland) 1987 (Schedule 1 to these Regulations), the Housing Benefit (General) Regulations (Northern Ireland) 1987 (Schedule 2 to these Regulations) and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (Schedule 3 to these Regulations) referred to in this note as “the amended Regulations”. They make provision to the amended Regulations in connection with the introduction of child tax credit and working tax credit by the Tax Credits Act 2002 (“the 2002 Act”).

The amendments remove references in the amended Regulations to working families' tax credit and disabled person’s tax credit, which are abolished by section 1 of the 2002 Act, and include references to child tax credit and working tax credit created by that Act. They make provision for treating the date on which the tax credits are to be paid in income support and jobseeker’s allowance and for additional income disregards which are connected with the introduction of the tax credits in all the amended Regulations.

The amendments also make provision in connection with the extended entitlement to child benefit following the death of a child introduced by section 55 of the 2002 Act and make other changes consequential upon, and relating to, the 2002 Act.

As these Regulations are made before the end of a period of 6 months from the commencement of the relevant provisions in the 2002 Act, they are accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992, from prior reference to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.

(1)

1992 c. 7

(2)

S.I. 1995/2705 (N.I. 15)

(3)

See Article 8(b) of S.R. 1999 No. 481

(4)

2002 c. 21

(5)

See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481

(6)

The definition of “benefit week” was amended by regulation 2(a) of S.R. 1988 No. 318

(7)

The definition of “benefit week” was amended by regulation 2(2) of S.R. 1996 No. 358 and regulation 2(2)(a) of S.R. 1996 No. 503

(8)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 No. 318, S.R. 1990 No. 131, S.R. 1993 No. 373, S.R. 1996 No. 449, S.R. 1998 No. 324, S.R. 1999 No. 385 and S.R. 2000 No. 74

(9)

S.R. 1996 No. 198; relevant amending Regulations are S.R. 1996 Nos. 358 and 503, S.R. 1998 No. 324, S.R. 1999 No. 385 and S.R. 2000 No. 74

(10)

1954 c. 33 (N.I.)

(11)

The definition of “welfare to work beneficiary” was inserted by regulation 8(2) of S.R. 1998 No. 324

(12)

The definition of “disabled person’s tax credit” was substituted by regulation 2(3)(a) of S.R. 1999 No. 385

(13)

The definition of “working families' tax credit” was inserted by regulation 2(3)(b) of S.R. 1999 No. 385

(14)

Paragraph (2) was amended by regulation 6 of S.R. 1990 No. 131

(15)

Section 141A is inserted by section 55 of the Tax Credits Act 2002 (c. 21)

(16)

Paragraph (1) was substituted by regulation 4(5) of S.R. 1993 No. 373

(17)

Paragraph (3) was added by regulation 3(1)(b) of S.R. 2000 No. 74

(18)

The definition of “welfare to work beneficiary” was inserted by regulation 11(2) of S.R. 1998 No. 324

(19)

The definition of “disabled person’s tax credit” was substituted by regulation 2(3)(a) of and Part III of Schedule 2 to S.R. 1999 No. 385

(20)

The definition of “working families' tax credit” was inserted by regulation 2(3)(b) of and Part III of Schedule 2 to S.R. 1999 No. 385

(21)

Paragraph 3 was added by regulation 3(2)(b) of S.R. 2000 No. 74