The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2001

“(11)

For the purposes of sub-paragraph (1)(a)(ii), (c)(iv), (d) and (f)(iii), the relevant period shall be—

(a)

52 weeks in the case of a person to whom sub-paragraph (12) applies;

(b)

subject to sub-paragraph (10), 12 weeks in any other case.

(12)

This sub-paragraph applies, subject to sub-paragraph (13), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to income support because he or his partner—

(a)

has commenced employment as an employed earner or as a self-employed earner or has increased the hours in which he is engaged in such employment;

(b)

is taking active steps to establish himself in employment as an employed earner or as a self-employed earner under any scheme for assisting persons to become so employed which is mentioned in regulation 19(1)(q) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (circumstances in which a person is to be treated as actively seeking employment), or

(c)

is participating in—

(i)

a New Deal option, or

(ii)

the self-employment route,

and, as a consequence, he or his partner was engaged in remunerative work or had income in excess of the applicable amount as prescribed in Part IV (applicable amounts).

(13)

Sub-paragraph (12) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to income support, his housing costs were being met in accordance with paragraph 6(1)(a) or 8(1)(a) or would have been so met but for any non-dependant deduction under paragraph 18.”.

“Persons who have commenced remunerative work17A.

A person to whom regulation 6(5) (persons not treated as engaged in remunerative work) applies.”, and

“17A.

(1)

Subject to sub-paragraph (2), the lowest of either—

(a)

the amount determined in accordance with—

(i)

Schedule 3 (housing costs), or

(ii)

as the case may be, Schedule 2 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (housing costs);

which was applicable to the claimant or his partner immediately before he or his partner commenced the remunerative work referred to in regulation 6(5)(a), or

(b)

the amount of income support or, as the case may be, income-based jobseeker’s allowance which the claimant or his partner was entitled to in the benefit week immediately before the benefit week in which he or his partner commenced the remunerative work referred to in regulation 6(5)(a) or, where he or his partner was in receipt of a training allowance in that benefit week, the amount of income support or income-based jobseeker’s allowance which he would have been entitled to in that week had he not been in receipt of a training allowance.

(2)

Nothing in sub-paragraph (1) shall prevent any adjustment being made to the amount referred to in (a) or, as the case may be, (b) of that sub-paragraph during the period referred to in regulation 6(6)17 (persons not treated as in remunerative work), in order to reflect changes during that period to the amounts prescribed in Schedule 2 (applicable amounts) or Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes) or in this Schedule or to reflect changes in circumstances during that period relating to the matters specified in sub-paragraph (3).

(3)

The changes in circumstances referred to in sub-paragraph (2) are changes to the amount of housing costs to be met in accordance with Schedule 3 in the claimant’s case occasioned by—

(a)

the claimant becoming entitled to income support for a continuous period of 26 weeks or more;

(b)

a change to the standard interest rate, or

(c)

any non-dependant deduction becoming applicable, or ceasing to be applicable.

(4)

In sub-paragraph (1), a reference to the claimant or his partner being entitled to and in receipt of an income-based jobseeker’s allowance or to an amount being applicable to either of them under the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 shall include a reference to the claimant and his partner being entitled to, and in receipt of, a joint-claim jobseeker’s allowance and to an amount being applicable to that couple under those Regulations.”.

“(9)

For the purposes of this regulation, references to a qualifying benefit do not include any income support paid under regulation 6(6) of the Income Support Regulations (persons not treated as engaged in remunerative work).”, and

“(8)

For the purposes of this regulation, references to a qualifying benefit do not include any income support paid under regulation 6(6) of the Income Support Regulations (persons not treated as engaged in remunerative work).”.