The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations (Northern Ireland) 1996

Regulation 22

SCHEDULE 1 Schedule to be inserted before Schedule 2 to the principal Regulations

Regulation 4ZA

“SCHEDULE 1B Prescribed Categories of Person

Lone parents

1.   A person who is a lone parent and responsible for a child who is a member of his household.

Single persons looking after foster children

2.   A single claimant or a lone parent with whom a child is boarded out by a Health and Social Services Board or an HSS trust or a voluntary organisation within the meaning of the Children (Northern Ireland) Order 1995(1).

Persons temporarily looking after another person

3.   A person who is—

(a) looking after a child because the parent of that child or the person who usually looks after him is ill or is temporarily absent from his home; or

(b) looking after a member of his family who is temporarily ill.

Persons caring for another person

4.   A person (the carer)—

(a) who is regularly and substantially engaged in caring for another person if—

(i) the person being cared for is in receipt of attendance allowance under section 64 of the Contributions and Benefits Act or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act,

(ii) the person being cared for has claimed attendance allowance under that section but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier, or

(iii) the person being cared for has claimed entitlement to a disability living allowance but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or

(b) who is engaged in caring for another person and who is in receipt of an invalid care allowance.

5.   A person to whom paragraph 4 applied, but only for a period of 8 weeks from the date on which that paragraph ceased to apply to him.

6.   A person who, had he previously made a claim for income support, would have fulfilled the conditions of paragraph 4, but only for a period of 8 weeks from the date on which he ceased to fulfil those conditions.

Persons incapable of work

7.   A person who—

(a) is incapable of work in accordance with the provisions of Part XIIA of the Contributions and Benefits Act(2) and the regulations made thereunder (incapacity for work);

(b) is treated as incapable of work by virtue of regulations made under section 167D of that Act(3) (persons to be treated as incapable or capable of work);

(c) is treated as capable of work by virtue of regulations made under section 167E(1) of that Act (disqualification etc); or

(d) is entitled to statutory sick pay.

Disabled workers

8.   A person to whom regulation 6(a) (persons not treated as engaged in remunerative work) applies.

Persons in employment living in residential care homes, nursing homes or residential accommodation

9.   A person to whom regulation 6(g) applies.

Disabled students

10.   A person who is a student and—

(a) whose applicable amount includes the disability premium or severe disability premium; or

(b) who has satisfied the provisions of paragraph 7 for a continuous period of not less than 196 days, and for this purpose any 2 or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period.

11.   A person who is a student and who—

(a) immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 of Schedule 1 as then in operation; or

(b) on or after that date makes a claim for income support and at a time during the period of 18 months immediately preceding the date of that claim was in receipt of income support either by virtue of that paragraph or regulation 13(2)(b),

but this paragraph shall not apply where for a continuous period of 18 months or more the person has not been in receipt of income support.

Deaf Students

12.   A person who is a student in respect of whom—

(a) a supplementary requirement has been determined under paragraph 10 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1995(4);

(b) a payment has been made under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986(5), or

(c) a supplementary requirement has been determined under paragraph 10 of Schedule 2 to the Education (Mandatory Awards) Regulations 1995(6) or an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 6 of the Students' Allowances (Scotland) Regulations 1991(7) or, as the case may be, the Education Authority Bursaries (Scotland) Regulations 1995(8) in respect of expenses incurred, or a payment has been made under section 2 of the Education Act 1962(9),

on account of his disability by reason of deafness.

Blind persons

13.   A person who is a blind person registered with a Health and Social Services Board, established under Article 16 of the 1972 Order, but a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as so registered for a period of 28 weeks following the date on which he ceased to be so registered.

Pregnancy

14.   A woman who—

(a) is incapable of work by reason of pregnancy; or

(b) is or has been pregnant but only for the period commencing 11 weeks before her expected week of confinement and ending 7 weeks after the date on which her pregnancy ends.

Persons in education

15.   A person to whom any provision of regulation 13(2)(a) to (e) (persons receiving relevant education who are parents, severely handicapped persons, orphans and persons estranged from their parents or guardian) applies.

Certain persons aged 50 who have not been in remunerative work for 10 years

16.— (1) Subject to sub-paragraph (2), a person who on 6th October 1996 or at any time during the 8 weeks immediately preceding that date satisfied the conditions of paragraph 13 of Schedule 1 (persons aged not less than 50 who had not been in remunerative work during the previous 10 years) as in operation on that date.

(2) If a person to whom sub-paragraph (1) applies ceases to be entitled to income support, and subsequently makes a further claim for income support, this paragraph shall continue to apply to him only if—

(a) the further claim for income support is made within 8 weeks of the date he ceased to be so entitled; and

(b) he has not been in remunerative work since he ceased to be so entitled.

Persons aged 60 or over

17.   A person aged not less than 60.

Refugees

18.   A person who is a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(10) as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967(11) and who—

(a) is attending for more than 15 hours a week a course for the purpose of learning English so that he may obtain employment; and

(b) on the date on which that course commenced, had been in Northern Ireland for not more than 12 months,

but only for a period not exceeding 9 months.

Persons required to attend court

19.   A person who is required to attend court as a justice of the peace, a party to any proceedings, a witness or a juror.

Persons affected by a trade dispute

20.   A person to whom section 125 of the Contributions and Benefits Act(12) (trade disputes) applies or in respect of whom section 123(1) of that Act (conditions of entitlement to income support) has effect as modified by section 126(b) of that Act (effect of return to work).

Persons from abroad

21.   A person to whom regulation 70(3) (applicable amount of certain persons from abroad) applies.

Persons in custody

22.   A person remanded in, or committed in, custody for trial or for sentencing.

Member of couple looking after children while other member temporarily abroad

23.   A person who is a member of a couple and who is treated as responsible for a child who is a member of his household where the other member of that couple is temporarily not present in the United Kingdom.

Persons appealing against a decision that they are not incapable of work

24.   A person—

(a) in respect of whom it has been determined for the purposes of section 167B of the Contributions and Benefits Act(13) (the own occupation test) that he is not incapable of work;

(b) whose medical practitioner continues to supply evidence of his incapacity for work in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976(14) (evidence of incapacity for work); and

(c) who has made and is pursuing an appeal against the determination that he is not so incapable,

but only for the period prior to the determination of his appeal.

25.   A person—

(a) in respect of whom it has been determined for the purposes of section 167C of the Contributions and Benefits Act (the all work test) that he is not incapable of work; and

(b) who has made and is pursuing an appeal against the determination that he is not so incapable,

but only for the period prior to the determination of his appeal.

26.   A person who on 6th October 1996 was not required to be available for employment by virtue of regulation 8(2) (persons appealing against decisions that they are not incapable of work) as modified by the savings provision in regulation 5(1) or (3) of the Disability Working Allowance and Income Support (General) (Amendment) Regulations (Northern Ireland) 1995(15), but only for the period prior to the determination of his appeal.

27.   A person who on 6th October 1996 was not required to register for employment by virtue of regulation 11(2) (persons appealing against decisions that they are not incapable of work) as modified by the savings provision in regulation 5(2) or (3) of the Disability Working Allowance and Income Support (General) (Amendment) Regulations (Northern Ireland) 1995, but only for the period prior to the determination of his appeal.

28.   A person who is engaged in training, and for this purpose “training” means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible provided in Northern Ireland directly or indirectly by a Training Organisation pursuant to its arrangement with the Department of Economic Development (whether that agreement is known as an Operating Agreement or by any other name).”.

Regulation 23

SCHEDULE 2 Amendment of Schedule 2 to the principal Regulations

1.  Schedule 2 to the principal Regulations (applicable amounts) shall be amended in accordance with paragraphs 2 to 4.

2.  In paragraph 1(1) and (2)(16) in Column (1) for head (b) there shall be substituted the following head—

“(b) less than 18 who falls within any of the circumstances specified in paragraph 1A;”.

3.  In paragraph 1 for sub-paragraph (3)(17) there shall be substituted the following sub-paragraph—

“(3) Couple— (a) where both members are aged less than 18 and— (i) at least one of them is treated as responsible for a child, (ii) had they not been members of a couple, each would have qualified for income support under regulation 4ZA, (iii) the claimant’s partner satisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order (prescribed circumstances for persons aged 16 but less than 18), or (iv) there is in force in respect of the claimant’s partner a direction under Article 18 of the Jobseekers Order (persons under 18: severe hardship);	(3) (a) £57·20
(b) where both members are aged less than 18 and head (a) does not apply but one member of the couple falls within any of the circumstances specified in paragraph 1A;	(b) £37·90
(c) where both members are aged less than 18 and heads (a) and (b) do not apply;	(c) £28·85
(d) where both members are aged not less than 18;	(d) £75·20
(e) where one member is aged not less than 18 and the other member is a person under 18 who— (i) qualifies for income support under regulation 4ZA, or who would so qualify if he were not a member of a couple, (ii) satisfies the requirements of Article 5(1)(f)(iii) of the Jobseekers Order (prescribed circumstances for persons aged 16 but less than 18), or (iii) is the subject of a direction under Article 18 of the Jobseekers Order (persons under 18: severe hardship);	(e) £75·20
(f) where the claimant is aged not less than 18 but less than 25 and his partner is a person under 18 who— (i) would not qualify for income support under regulation 4ZA if he were not a member of a couple, (ii) does not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order (prescribed circumstances for persons aged 16 but less than 18), and (iii) is not the subject of a direction under Article 18 of the Jobseekers Order (persons under 18: severe hardship);	(f) £37·90
(g) where the claimant is aged not less than 25 and his partner is a person under 18 who— (i) would not qualify for income support under regulation 4ZA if he were not a member of a couple, (ii) does not satisfy the requirements of Article 5(1)(f)(iii) of the Jobseekers Order (prescribed circumstances for persons aged 16 but less than 18), and (iii) is not the subject of a direction under Article 18 of the Jobseekers Order (persons under 18: severe hardship).	(g) £47·90”.

4.  After paragraph 1 there shall be inserted the following paragraph—

“1A.— (1) The circumstances referred to in paragraph 1 are that—

(a) the person has no parents nor any person acting in the place of his parents;

(b) the person—

(i) is not living with his parents nor any person acting in the place of his parents, and

(ii) was in the care of the Department under a relevant enactment and whilst in that care was not living with his parents or any close relative, or was in custody in any institution to which the Children and Young Persons Act (Northern Ireland) 1968 or the Treatment of Offenders Act (Northern Ireland) 1968(18) applied, immediately before he attained the age of 16;

(c) the person is in accommodation which is other than his parental home, and which is other than the home of a person acting in the place of his parents, and entered that accommodation—

(i) as part of a programme of rehabilitation or resettlement, that programme being under the guidance of the Department, any other government department or the probation and after-care service,

(ii) in order to avoid physical or sexual abuse, or

(iii) because of a mental or physical handicap or illness and needs such accommodation because of his handicap or illness;

(d) the person is living away from his parents and any person who is acting in the place of his parents in a case where his parents are or, as the case may be, that person is, unable financially to support him and his parents are, or that person is—

(i) chronically sick or mentally or physically disabled,

(ii) detained in custody pending trial or sentence upon conviction or under sentence imposed by a court, or

(iii) prohibited from entering or re-entering Northern Ireland; or

(e) the person of necessity has to live away from his parents and any person acting in the place of his parents because—

(i) he is estranged from his parents and that person,

(ii) he is in physical or moral danger, or

(iii) there is a serious risk to his physical or mental health.

(2) In this paragraph—

(a) “chronically sick or mentally or physically disabled” has the same meaning it has in regulation 13(3)(b) (circumstances in which persons in relevant education are to be entitled to income support);

(b) any reference to a person acting in place of a person’s parents includes a reference to the Department, any other government department or voluntary organisation where the person is in their care under a relevant enactment, or to a person with whom the person is boarded out by the Department or voluntary organisation whether or not any payment is made by them.”.

Regulation 28

SCHEDULE 3 Revocations

Column (1)	Column (2)	Column (3)
Citation	Reference	Extent of Revocation
The Income Support (General) Regulations (Northern Ireland) 1987	S.R. 1987 No. 459	Regulations 7, 8, 9, 10, 10A, 11, 13A and 22, and Schedules 1 and 1A
The Income Support (General) (Amendment) Regulations (Northern Ireland) 1988	S.R. 1988 No. 146	Regulations 6, 7, 11 and 29
The Income Support (General) (Amendment No. 3) Regulations (Northern Ireland) 1988 The Income Support (General) (Amendment No. 4) Regulations (Northern Ireland) 1988 The Income Support (General) (Amendment No. 5) Regulations (Northern Ireland) 1988	S.R. 1988 No. 274 S.R. 1988 No. 318 S.R. 1988 No. 431	Regulations 2(a), 4, 7, 8 and the Schedule Regulation 17 Regulation 14
The Income Support (General) (Amendment) Regulations (Northern Ireland) 1989	S.R. 1989 No. 139	Schedule 1, paragraph 6
The Family Credit and Income Support (General) (Amendment) Regulations (Northern Ireland) 1989	S.R. 1989 No. 249	Regulations 6 and 10
The Income Support (General) (Amendment No. 2) Regulations (Northern Ireland) 1989	S.R. 1989 No. 326	Regulation 3
The Income Support (General) (Amendment No. 3) Regulations (Northern Ireland) 1989	S.R. 1989 No. 365	Regulations 4, 5, 6 and 7
The Income Support (General) (Amendment) Regulations (Northern Ireland) 1990 The Social Security Benefits (Student Loans and Miscellaneous Amendments) Regulations (Northern Ireland) 1990 The Income-Related Benefits (Amendment) Regulations (Northern Ireland) 1990	S.R. 1990 No. 131 S.R. 1990 No. 297 S.R. 1990 No. 305	Regulations 9, 13 and 14 Regulation 4(3) and (8) Regulation 4(2) and (3)
The Income Support (General) (Amendment) Regulations (Northern Ireland) 1991	S.R. 1991 No. 46	Regulations 2, 3, 5, 7, 9 and 10
The Income Support (General) (Amendment No. 3) Regulations (Northern Ireland) 1991	S.R. 1991 No. 338	Regulations 11 and 12
The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations (Northern Ireland) 1992	S.R. 1992 No. 6	Regulation 10(3)
The Income Support (General) (Amendment) Regulations (Northern Ireland) 1992	S.R. 1992 No. 147	Regulations 2(b) and 4
The Income Support (General) (Amendment No. 3) Regulations (Northern Ireland) 1992	S.R. 1992 No. 471	The whole of the Regulations
The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations (Northern Ireland) 1993	S.R. 1993 No. 149	Schedule 2, paragraph 6(7)
The Income-Related Benefits (Miscellaneous Amendments) Regulations (Northern Ireland) 1994	S.R. 1994 No. 77	Regulation 4(7)
The Health and Social Services Trusts (Consequential Amendments) Regulations (Northern Ireland) 1994 The Disability Working Allowance and Income Support (General) (Amendment) Regulations (Northern Ireland) 1995	S.R. 1994 No. 65 S.R. 1995 No. 67	Schedule 12, paragraph 1(d) and (i) Regulation 2(3), (4), (5), (6) and (11)
The Income-Related Benefits and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations (Northern Ireland) 1995	S.R. 1995 No. 367	Regulation 2(7)

(1)

S.I. 1995/755 (N.I. 2)

(2)

Part XIIA was inserted by Article 7 of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

(3)

Sections 167D and 167E were inserted by Article 8 of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(4)

S.R. 1995 No. 1

(5)

S.I. 1986/594

(6)

S.I. 1995/3321

(7)

S.I. 1991/1522

(8)

S.I. 1995/1739

(9)

1962 c. 12

(10)

Cmnd. 9171

(11)

Cmnd. 3906

(12)

Sections 125 and 126 are amended by paragraphs 14 and 15 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995

(13)

Sections 167A to 167C were inserted by Article 7 of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994

(14)

S.R. 1976 No. 175; regulation 2 is amended by S.R. 1982 No. 153, S.R. 1987 No. 117, S.R. 1992 No. 83, S.R. 1994 No. 468 and S.R. 1995 No. 149

(15)

S.R. 1995 No. 67

(16)

Sub-paragraphs (1) and (2) were substituted by regulation 2 of S.R. 1990 No. 213

(17)

Sub-paragraph (3) was substituted by regulation 9 of S.R. 1988 No. 274 and amended by S.R. 1989 No. 249

(18)

1968 c. 29 (N.I.)