1997 No. 331
HOUSING; RATES; SOCIAL SECURITY

The Income-Related Benefits and Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1997

Made
Coming into operation
The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 122(1), 132(3), (4)(b) and (c) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921 and Articles 14(1) and (4)(b) and (c) and 36 of the Jobseekers (Northern Ireland) Order 19952 and of all other powers enabling it in that behalf, with the consent of the Department of the Environment for Northern Ireland3 in so far as relates to regulations 2(1) and (2)(b) and 3(1) and (2)(b) of these Regulations, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it4, hereby makes the following Regulations:

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Income-Related Benefits and Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 18th August 1997.

(2)

In these Regulations—

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 19875;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 19876;
“the Family Credit Regulations” means the Family Credit (General) Regulations (Northern Ireland) 19877;
“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations (Northern Ireland) 19928;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 19969.

(3)

The Interpretation Act (Northern Ireland) 195410 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Income Support, Housing Benefit, Family Credit, Disability Working Allowance and Jobseeker’s Allowance: interpretation2.

(1)

In each of the provisions specified in paragraph (2) there shall be inserted the following definition in the appropriate place—

  • “ “the Children Order” means the Children (Northern Ireland) Order 1995;”.

(2)

The provisions referred to in paragraph (1) are—

(a)

regulation 2(1) of the Income Support Regulations (interpretation);

(b)

regulation 2(1) of the Housing Benefit Regulations (interpretation);

(c)

regulation 2(1) of the Family Credit Regulations (interpretation);

(d)

regulation 2 of the Disability Working Allowance Regulations (interpretation);

(e)

regulation 1(2) of the Jobseeker’s Allowance Regulations (interpretation).

Income Support, Housing Benefit, Family Credit, Disability Working Allowance and Jobseeker’s Allowance: sums to be disregarded in the calculation of income other than earnings3.

(1)

In each of the provisions specified in paragraph (2), for head (c) there shall be substituted the following heads—

“(c)

which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, the Children Order (contribution by an authority to child’s maintenance);

(d)

which is a payment made by a local authority, as defined in section 107 of the Children Act 197511, in pursuance of section 50 of the Children Act 1975 (contributions to a custodian towards the cost of the accommodation and maintenance of a child);

(e)

which is a payment made by a local authority, as defined in section 105 of the Children Act 198912, in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order),”.

(2)

The provisions referred to in paragraph (1) are—

(a)

paragraph 25(1)13 of Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings);

(b)

paragraph 25(1)14 of Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings);

(c)

paragraph 22(1)15 of Schedule 2 to the Family Credit Regulations (sums to be disregarded in the calculation of income other than earnings);

(d)

paragraph 22(1) of Schedule 3 to the Disability Working Allowance Regulations (sums to be disregarded in the calculation of income other than earnings);

(e)

paragraph 26(1) of Schedule 6 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings).

(3)

In Schedule 3 to the Disability Working Allowance Regulations in paragraph 22(1) at the end of head (b) “or” shall be omitted.

Income Support and Jobseeker’s Allowance: income treated as capital4.

(1)

In each of the provisions specified in paragraph (2), for paragraph (8) there shall be substituted the following paragraph—

“(8)

Any payment made by an authority, as defined in Article 2 of the Children Order, which represents arrears of payments under Article 15 of, and paragraph 17 of Schedule 1 to, the Children Order (contribution by an authority to child’s maintenance) or any payment made by a local authority, as defined in section 107 of the Children Act 1975, which represents arrears of payments under section 50 of the Children Act 1975 (contributions to a custodian towards the cost of accommodation and maintenance of a child) or any payment made by a local authority, as defined in section 105 of the Children Act 1989, which represents arrears of payments under paragraph 15 of Schedule 1 to the Children Act 1989 (power of a local authority to make contributions to a person with whom a child lives as a result of a residence order) shall be treated as capital.”.

(2)

The provisions referred to in paragraph (1) are—

(a)

regulation 48 of the Income Support Regulations (income treated as capital);

(b)

regulation 110 of the Jobseeker’s Allowance Regulations (income treated as capital).

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

John O'Neill
Assistant Secretary

The Department of the Environment for Northern Ireland hereby consents to regulations 2(1) and (2)(b) and 3(1) and (2)(b) of the foregoing Regulations.

Sealed with the Official Seal of the Department of the Environment for Northern Ireland on

Cynthia D. Doake
Assistant Secretary
(This note is not part of the Regulations.)

These Regulations further amend the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Family Credit (General) Regulations (Northern Ireland) 1987, the Disability Working Allowance (General) Regulations (Northern Ireland) 1992 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 to provide for the partial disregard of contributions made by an authority to a child’s maintenance under Article 15 of, and paragraph 17 of Schedule 1 to, the Children (Northern Ireland) Order 1995 and, for income support and jobseeker’s allowance, provide for the treatment of arrears of such contributions as capital.