1998 No. 81
HOUSING; RATES; SOCIAL SECURITY

The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1998

Made
Coming into operation in accordance with regulation 1
The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 64(1), 68(4)(c), 70(4), 71(6), 122(1), 123(1), 127(1), 128(1), 129(1)(a), (2) and (4), 131(1), 132(2), (3) and (4), 133(2)(a) and (i), 142A, 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, sections 5(1)(l) and (q), 30(8), 73(2) and 165(1) and (3) of the Social Security Administration (Northern Ireland) Act 19922, Articles 4(1), 5(a) and (b) and (7) and 19 of the Child Support (Northern Ireland) Order 19953, Articles 6(5), 14(1), (2) and (4), 15(3), 36(2) and 37(3) of, and paragraphs 3 and 11 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 19954 and of all other powers enabling it in that behalf, with the consent of the Department of the Environment for Northern Ireland5 in so far as regulations 3(1), (2)(c), (3) and (4)(c), 4(1), (2)(c) and (3), 5(1) and (2)(a), 6, 7 and 11(3) and (4)(a) are concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it6, hereby makes the following Regulations:

Part IGeneral

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1998 and this regulation and regulation 10 shall come into operation on 1st April 1998.

(2)

Except in the case of regulation 10, in so far as these Regulations amend provisions relating to income support or jobseeker’s allowance, they shall come into operation on 6th April 1998 and in relation to a claimant for either income support or jobseeker’s allowance, they shall have effect from the first day of the first benefit week to commence for that claimant on or after that date and, in a case to which regulation 5(2)(b) applies, immediately after Article 18(8) of, and Schedule 7 to, the Social Security Benefits Up-rating Order (Northern Ireland) 19987 come into operation.

(3)

In paragraph (2) “benefit week” and “claimant” with respect to income support shall have the same meaning as in regulation 2(1) of the Income Support Regulations8 and with respect to jobseeker’s allowance “benefit week” shall have the same meaning as in regulation 1(2) of the Jobseeker’s Regulations9.

(4)

In so far as these Regulations amend provisions relating to disability working allowance or family credit, they shall come into operation on 7th April 1998 and, in relation to any particular claimant for either of those benefits, they shall have effect where a claimant has an award of disability working allowance or family credit which is current on 7th April 1998, on the day following the expiration of that award.

(5)

In so far as these Regulations amend provisions relating to housing benefit—

(a)

in any case to which paragraph (6) applies, they shall come into operation on 1st April 1998, and

(b)

in any other case, they shall come into operation on 6th April 1998.

(6)

This paragraph applies in any case where—

(a)

rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, or

(b)

payments by way of rates are not made together with payments of rent at weekly intervals or multiples thereof.

(7)

In these Regulations—

“the Disability Working Allowance Regulations” means the Disability Working Allowance (General) Regulations (Northern Ireland) 199210;
“the Family Credit Regulations” means the Family Credit (General) Regulations (Northern Ireland) 198711;

F1...

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 198713;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 199614.

(8)

The Interpretation Act (Northern Ireland) 195415 shall apply to these Regulations as it applies to a Measure of the Assembly.

Part IIChild Maintenance Bonus

Amendment of the Social Security (Child Maintenance Bonus) RegulationsF22.

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

Part IIIAmendments with respect to Income-Related Benefits and Jobseeker’s Allowance

Common Amendments: Disregard of contribution3.

F3(1)

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

F3(2)

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

(3)

In each of the regulations specified in paragraph (4) the following regulation shall be inserted and numbered in accordance with that paragraph—

“Further disregard of student’s income

Where any part of a student’s income has already been taken into account for the purposes of assessing his entitlement to a grant, the amount taken into account shall be disregarded in assessing that student’s income.”.

(4)

The Regulations and regulation numbers specified in this paragraph are—

(a)

regulation 48A of the Disability Working Allowance Regulations;

(b)

regulation 43A of the Family Credit Regulations;

F4(c)

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

(d)

regulation 67A of the Income Support Regulations, and

(e)

regulation 137A of the Jobseeker’s Allowance Regulations.

Common Amendments: Disregard of income other than earnings4.

(1)

For each of the paragraphs of the Schedules to the Regulations specified in paragraph (2) (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph—

  • “Any payment—

    1. (a)

      made to the claimant or his partner for a person (“the person concerned”), who is not normally a member of the claimant’s household but is temporarily in his care by—

      1. (i)

        an authority;

      2. (ii)

        a voluntary organisation, or

      3. (iii)
        the person concerned pursuant to Article 36(7) of the Health and Personal Social Services (Northern Ireland) Order 197223, or
    2. (b)
      made to the claimant or his partner for a person who is not normally a member of the claimant’s household but is temporarily in his care by a training school within the meaning of section 137 of the Children and Young Persons Act (Northern Ireland) 196824 (approval of schools).”.

(2)

The paragraphs of the Schedules to the Regulations specified in this paragraph are—

(a)

paragraph 24 of Schedule 3 to the Disability Working Allowance Regulations25;

(b)

paragraph 24 of Schedule 2 to the Family Credit Regulations26;

F5(c)

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

(d)

paragraph 27 of Schedule 9 to the Income Support Regulations28, and

(e)

paragraph 28 of Schedule 6 to the Jobseeker’s Allowance Regulations29.

F6(3)

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

Housing Benefit, Income Support, Jobseeker’s Allowance: Amendments with respect to persons in detention5.

(1)

For the words referred to in each of the provisions specified in paragraph (2) there shall be substituted “who is detained in hospital”—

(2)

The words referred to and the provisions specified in this paragraph are—

F7(a)

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

(b)

in the Income Support Regulations—

(i)

in regulation 21(3)33 (special cases) in the definition of “prisoner”34 for “whose detention is”;

F8(ii)

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

(c)

in the Jobseeker’s Allowance Regulations in regulation 85(4) (special cases) in the definition of “prisoner” for “whose detention is”.

Housing Benefit: Maximum rentF96.

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

Housing Benefit: Excluded tenanciesF107.

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

Income Support and Jobseeker’s Allowance: Treatment of grant awards for former students8.

In regulation 29(2A) of the Income Support Regulations38 and regulation 94(2A) of the Jobseeker’s Allowance Regulations39 (calculations of earnings derived from employed earner’s employment and income other than earnings) after sub-paragraph (a) the following sub-paragraph shall be inserted—

“(aa)

where the grant is paid in instalments, on the day before the next instalment would have been paid had the claimant remained a student, or”.

Annotations:
Commencement Information

I14Reg. 8 in operation at 1.4.1998 for specified purposes, see reg. 1(5)(a)

I15Reg. 8 in operation at 6.4.1998 for specified purposes, see reg. 1(5)(b)

I16Reg. 8 coming into operation in accordance with reg. 1(2)

I17Reg. 8 in operation at 7.4.1998 for specified purposes, see reg. 1(4)

Income Support and Jobseeker’s Allowance: Calculation of notional income and income other than earnings9.

(1)

The Income Support Regulations shall be amended in accordance with sub-paragraphs (a) to (c)—

(a)

in regulation 40(1)40 (calculation of income other than earnings) for “paragraphs (2) to (3A)”41 there shall be substituted “paragraphs (2) to (3B)”42;

(b)

in regulation 42(7) (notional income) for “paragraphs (1) to (4)” there shall be substituted “paragraphs (1) to (4A)”43, and

(c)

in Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(i)

in paragraph 744—

(a)

in sub-paragraph (a) for “paragraph 6, 9 or 9A”45 there shall be substituted “paragraph 6 or 9”, and

F11(b)

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

(ii)

after paragraph 6146 there shall be added the following paragraph—

“62.

Any payment made with respect to a person on account of the provision of accommodation, aftercare or other personal social services to which Articles 15 and 36 of the 1972 Order refer which falls to be treated as notional income under regulation 42(4A) (payments made in respect of a person in a residential care or nursing home).”.

(2)

The Jobseeker’s Allowance Regulations shall be amended in accordance with sub-paragraphs (a) and (b)—

(a)

in regulation 103(1) (calculation of income other than earnings) for “paragraphs (2) to (5)” there shall be substituted “paragraphs (2) to (5A)”47, and

(b)

in Schedule 6 to the Jobseeker’s Allowance Regulations48 (sums to be disregarded in the calculation of income other than earnings) at the end there shall be added the following paragraph—

“60.

Any payment which falls to be treated as notional income under regulation 105(11) (payments made in respect of a person in a residential care or nursing home).”.

Jobseeker’s Allowance: Periods of interruption of employment10.

(1)

Regulation 47A of the Jobseeker’s Allowance Regulations49 (job seeking periods: periods of interruption of employment) shall be renumbered as regulation 47A(1) and in sub-paragraph (za) of that paragraph “and is still current on 1st December 1997” shall be omitted.

(2)

After the renumbered paragraph (1) the following paragraph shall be added—

“(2)

In paragraph (1) “period of interruption of employment” in relation to a period prior to 7th October 1996 has the same meaning as it had in the Benefits Act by virtue of section 25A of that Act50 (determination of days for which unemployment benefit is payable) as in operation on 6th October 1996.”.
Annotations:
Commencement Information

I22Reg. 10 in operation at 1.4.1998, see reg. 1(1)

Part IVAmendments with respect to Persons from Abroad

Common amendments with respect to persons from abroad11.

(1)

In each of the regulations specified in paragraph (2) (conditions affecting the entitlement of a person from abroad to the relevant benefits) for “to remain in the United Kingdom by the Secretary of State” there shall be substituted—

“(i)

to enter the United Kingdom by an immigration officer appointed for the purposes of the Immigration Act 197151, or

(ii)

to remain in the United Kingdom by the Secretary of State”.

(2)

The regulations specified in this paragraph are—

F12(a)

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

(b)

regulation 5(1A)(b) of the Disability Working Allowance Regulations53;

(c)

regulation 3(1A)(b) of the Family Credit Regulations54;

(d)

regulation 2(1A)(b) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 199255;

(e)

regulation 2(1A)(b) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 199256;

(f)

regulation 9(1A)(b) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 197657, and

(g)

regulation 3(1A)(b) of the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 198458.

(3)

In each of the regulations specified in paragraph (4) (conditions affecting the entitlement of a person from abroad to the relevant benefits) after “exceptional leave” there shall be inserted “to enter the United Kingdom by an immigration officer within the meaning of the Immigration Act 1971, or”.

(4)

The regulations specified in this paragraph are—

F13(a)

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

(b)

regulation 21(3) of the Income Support Regulations60 in sub-paragraph (c) of the second definition of “person from abroad”, and

(c)

regulation 85(4) of the Jobseeker’s Allowance Regulations61 in sub-paragraph (c) of the second definition of “person from abroad”.

Further amendments of the Income Support Regulations and the Jobseeker’s Allowance RegulationsF1412.

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

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 3(1), (2)(c), (3) and (4)(c), 4(1), (2)(c) and (3), 5(1) and (2)(a), 6, 7, and 11(3) and (4)(a) of the foregoing Regulations.

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

J. Ritchie
Assistant Secretary
(This note is not part of the Regulations.)

These Regulations further amend—

(a)

the Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996;

(b)

the Disability Working Allowance (General) Regulations (Northern Ireland) 1992, the Family Credit (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987 (“the Housing Benefit Regulations”), the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”) (collectively referred to below as “the Income-Related Benefits”) and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”);

in the following respects—

The Social Security (Child Maintenance Bonus) Regulations 1996 are amended with respect to the definition of “child maintenance”, to provide for the periods for which the work condition for entitlement to a bonus will remain satisfied in specified cases and to amend the conditions specifying what comprises a bonus period (regulation 2).

The Income-Related Benefits Regulations and the Jobseeker’s Allowance Regulations are amended—

(a)

with respect to the assessment of a student’s income (regulation 3);

(b)

with respect to the disregard of income other than earnings (regulation 4).

The Housing Benefit, Income Support and Jobseeker’s Allowance Regulations are amended with respect to the meaning of persons in detention (regulation 5).

The Housing Benefit Regulations are amended so as to update a definition applicable for establishing a person’s maximum rent eligible for housing benefit and with respect to tenancies excluded from the benefit (regulations 6 and 7).

The Income Support and Jobseeker’s Allowance Regulations are amended with respect to the treatment of instalments of grant awards for former students and the calculation of notional income and income other than earnings (regulations 8 and 9).

The Jobseeker’s Allowance Regulations are amended by extending the meaning of “period of interruption of employment” which is to form part of jobseeking periods and so as to provide that in relation to linked periods which span 6th October 1996, days of unemployment which form part of a period of interruption of employment, shall be treated as a jobseeking period in certain circumstances where such linked periods had already ended before 1st December 1997 (regulation 10).

All the Regulations referred to in sub-paragraph (b) of the first paragraph to this Note, together with the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976, the Child Benefit (General) Regulations (Northern Ireland) 1979, the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984, the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 and the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992, are amended so as to extend the right to benefit of persons granted exceptional leave to enter the United Kingdom by an immigration officer (regulation 11).

The Income Support Regulations and the Jobseeker’s Allowance Regulations are further amended so as to disregard concessionary payments in respect of unpaid income support, income-based jobseeker’s allowance and payments from the social fund, in calculating a person’s entitlement to urgent payments of either of those benefits (regulation 12).

In so far as these Regulations are required, for the purposes of regulations 3(1), (2)(c), (3) and (4)(c), 4(1), (2)(c) and (3), 5(1) and (2)(a), 6, 7 and 11(3) and (4)(a) to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.