2003 No. 195

HOUSING; RATES; SOCIAL SECURITY

The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003

Made24th March 2003

Coming into operation in accordance with regulation 1

The Department for Social Development, in exercise of the powers conferred on it by sections 22(5), 122(1)(a) and (d), 123(1)(e), 131(1), 132(1), (3) and (4), 134(1)(a), (2) and (4) and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, sections 1(1C) and 165(1) of the Social Security Administration (Northern Ireland) Act 19922 and Articles 6(5), 14, 15(2) and 36(2) of the Jobseekers (Northern Ireland) Order 19953, and now vested in it4, and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel5 in so far as regulation 4 and Schedule 3 is concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of that regulation and that Schedule should not be referred to it6, hereby makes the following Regulations:

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003 and this regulation shall come into operation on 1st April 2003.

(2)

Subject to paragraph (5), in a case where a claimant for income support –

(a)

has a child or young person who is a member of his family for the purposes of his claim for income support, and

(b)

is awarded, or his partner is awarded, a child tax credit for a period beginning before 6th April 2004,

regulation 6 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day from which that award of child tax credit begins and regulation 2 and Schedule 1 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.

(3)

Subject to F1paragraphs (4A) to (5) , in a case where a claimant for income support –

(a)

has a child or young person who is a member of his family for the purposes of his claim for income support, and

(b)

has not been awarded, or his partner has not been awarded, a child tax credit for a period beginning before 6th April 2004,

regulations 2 and 6 and Schedule 1 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day on which his, or his partner's, award of child tax credit begins.

(4)

Subject to F2paragraphs (4A) to (5) , in a case where paragraph (2)(a) or (3)(a) does not apply to a claimant for income support, regulation 2 and Schedule 1 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.

F3(4A)

In the case of a person who makes a claim for income support on or after 8th September 2005, regulation 2 and Schedule 1 shall have effect from the date that claim is made.

(4B)

Subject to paragraph (4C), in the case of a claimant for income support who applies on or after 8th September 2005 for an amount to be included in his applicable amount in respect of a child or young person, regulation 2 and Schedule 1 shall have effect from the date of that application.

(4C)

Paragraph (4B) shall not apply to a claimant for income support who already has an amount included in his applicable amount in respect of a child or young person on the date he makes the application referred to in that paragraph.

(5)

The provisions in –

(a)

paragraphs 10(b) and (c), 20(b), 23(a) and 24(a) of Schedule 1 and regulation 2 insofar as it relates to those paragraphs shall have effect in relation to any particular claimant for income support from the first day of the first benefit week to commence for the claimant on or after 7th April 2003, and

(b)

paragraph 19 of Schedule 1 and regulation 2 insofar as it relates to that paragraph shall come into operation on 7th April 2003.

(6)

Subject to paragraph (9), in a case where a claimant for a jobseeker’s allowance –

(a)

has a child or young person who is a member of his family for the purposes of his claim for jobseeker’s allowance, and

(b)

is awarded, or his partner is awarded, a child tax credit for a period beginning before 6th April 2004,

regulation 7 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day from which that award of child tax credit begins and regulation 3 and Schedule 2 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.

(7)

Subject to F4paragraphs (8A) to (9) , in a case where a claimant for a jobseeker’s allowance –

(a)

has a child or young person who is a member of his family for the purposes of his claim for jobseeker’s allowance, and

(b)

has not been awarded, or his partner has not been awarded, a child tax credit for a period beginning before 6th April 2004,

regulations 3 and 7 and Schedule 2 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day on which his, or his partner's, award of child tax credit begins.

(8)

Subject to F5paragraphs (8A) to (9) , in a case where paragraph (6)(a) or (7)(a) does not apply to a claimant for jobseeker’s allowance, regulation 3 and Schedule 2 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.

F6(8A)

In the case of a person who makes a claim for a jobseeker’s allowance on or after 8th September 2005, regulation 3 and Schedule 27 shall have effect from the date that claim is made.

(8B)

Subject to paragraph (8C), in the case of a claimant for a jobseeker’s allowance who applies on or after 8th September 2005, for an amount to be included in his applicable amount in respect of a child or young person, regulation 3 and Schedule 2 shall have effect from the date of that application.

(8C)

Paragraph (8B) shall not apply to a claimant for a jobseeker’s allowance who already has an amount included in his applicable amount in respect of a child or young person on the date he makes the application referred to in that paragraph.

(9)

Paragraphs 10(b), 20(b) and (e), 23(a) and 24(a) of Schedule 2 and regulation 3 insofar as it relates to those paragraphs shall have effect in relation to any particular claimant for jobseeker’s allowance from the first day of the first benefit week to commence for the claimant on or after 7th April 2003.

(10)

The provisions in –

(a)

paragraph 6 of Schedule 4 and regulation 5 insofar as it relates to that paragraph shall come into operation on 1st April 2003 immediately before the coming into operation of paragraph 5 of Schedule 2 to the Income-Related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit Amendment) Regulations (Northern Ireland) 20037,

(b)

paragraph 5 of Schedule 4 and regulation 5 insofar as it relates to that paragraph shall come into operation on 1st April 2003, and

(c)

the remaining paragraphs of Schedule 4 and regulation 5 insofar as it relates to those paragraphs and regulation 4 and Schedule 3 shall come into operation on 7th April 2003.

(11)

In paragraphs (2) to (5) and regulation 6, the expressions “benefit week”8, “claimant” and “partner” have the same meaning as in regulation 2(1) of the Income Support Regulations and in paragraphs (6) to (9) and regulation 7, the expressions “benefit week”9 and “partner”10 have the same meaning as in regulation 1(2) of the Jobseeker’s Allowance Regulations.

(12)

In these Regulations –

F7...11

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 198712, and

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 199613.

(13)

The Interpretation Act (Northern Ireland) 195414 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support Regulations2.

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.

Amendment of the Jobseeker’s Allowance Regulations3.

The Jobseeker’s Allowance Regulations shall be amended in accordance with Schedule 2 and references in that Schedule to regulations and Schedules are to regulations of and Schedules to those Regulations.

Amendment of the Housing Benefit RegulationsF84.

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

Other miscellaneous consequential amendments5.

The consequential amendments to the regulations specified in Schedule 4 shall have effect.

Income support – transitional arrangements6.

(1)

In the case of a claimant for income support who makes a claim, or whose partner makes a claim, for a child tax credit, the Department shall treat that claimant’s income as including an amount equivalent to the amount of child tax credit to which he, or his partner, is entitled for the period specified in paragraph (3).

(2)

In a case where a claimant for income support –

(a)

has a child or young person who is a member of his family for the purposes of his claim for income support, and

(b)

is, or has a partner who is, aged not less than 60,

the Department shall, in the first benefit week in which his, or his partner's, award of child tax credit begins during the period specified in paragraph (3), disregard from his income an amount equivalent to the amount of child tax credit to which he is entitled.

(3)

For the purposes of paragraphs (1) and (2), the specified period begins on, and includes, the first day of the first benefit week to commence for that claimant on or after 7th April 2003, or the date the award of child tax credit begins if later, and ends on the day before the first day of the first benefit week to commence for that claimant on or after 6th April 2004.

(4)

In the case of a claimant for income support who applies for an applicable amount under regulation 17 or 18 of the Income Support Regulations on or after 7th April 2003 in respect of a child or young person who is a member of his family, the Department shall treat that claimant’s income as including an amount equivalent to the amount of child benefit to which he, or his partner, is entitled in respect of that child or young person for the period specified in paragraph (5).

(5)

For the purposes of paragraph (4), the specified period begins on, and includes, the first day of the first benefit week to commence for that claimant on or after the date from which his claim includes that applicable amount and ends on –

(a)

in a case where the claimant, or his partner, is awarded child tax credit for a period beginning before 6th April 2004, the first day of the first benefit week to commence for that claimant on or after 6th April 2004;

(b)

in a case where the claimant, or his partner, is awarded child tax credit for a period beginning on or after 6th April 2004, the first day of the first benefit week to commence for that claimant on or after the day that award of child tax credit begins, or

(c)

the first day of the first benefit week in which his applicable amount in respect of that child or young person ends, if earlier.

F9(6)

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

F10(7)

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

Jobseeker’s allowance – transitional arrangements7.

(1)

In the case of a claimant for jobseeker’s allowance who makes a claim, or whose partner makes a claim, for a child tax credit, the Department shall treat that claimant’s income as including an amount equivalent to the amount of child tax credit to which he, or his partner, is entitled for the period specified in paragraph (2).

(2)

For the purposes of paragraph (1) the specified period begins on, and includes, the first day of the first benefit week to commence for that claimant on or after 7th April 2003, or the date that award of child tax credit begins if later, and ends on the day before the first day of the first benefit week to commence for that claimant on or after 6th April 2004.

(3)

In the case of a claimant for jobseeker’s allowance who applies for an applicable amount under regulation 83 or 84 of the Jobseeker’s Allowance Regulations on or after 7th April 2003 in respect of a child or young person who is a member of his family, the Department shall treat that claimant’s income as including an amount equivalent to the amount of child benefit to which he, or his partner, is entitled in respect of that child or young person for the period specified in paragraph (4).

(4)

For the purposes of paragraph (3), the specified period begins on, and includes, the first day of the first benefit week to commence for that claimant on or after the date from which his claim includes that applicable amount and ends on –

(a)

(b)

(c)

the first day of the first benefit week in which his applicable amount in respect of that child or young person ends, if earlier.

F11(5)

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

F12(6)

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

Sealed with the Official Seal of the Department for Social Development on 24th March 2003.

D. A. Baker

Senior Officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulation 4 of, and Schedule 3 to, the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 25th March 2003.

D. Thomson

Senior Officer of the

Department of Finance and Personnel

SCHEDULE 1AMENDMENTS TO THE INCOME SUPPORT REGULATIONS

Regulation 2

1.

In regulation 2A15 (disapplication of section 1(1A) of the Administration Act) paragraph (a) shall be omitted.

2.

In regulation 17(1)16 (applicable amounts) –

(a)

sub-paragraphs (b)17 (amount in respect of children and young persons) and (c) (family premium) shall be omitted, and

(b)

in sub-paragraph (bb)18 for “or, if he is a member of a family, an amount in respect of any member of the family aged 16 or over” there shall be substituted “or, if he is a member of a couple, an amount in respect of both of them”.

3.

In regulation 18(1)19 (polygamous marriages) –

(a)

sub-paragraphs (c)20 (amount in respect of children or young persons) and (d) (family premium) shall be omitted, and

(b)

in sub-paragraph (cc)21 for “any member of his household aged 16 or over” there shall be substituted “any partner of the polygamous marriage”.

4.

In regulation 21(special cases) –

(a)

in paragraph (1)22 the words from “; but no amount shall” to the end of that paragraph shall be omitted, and

(b)

in paragraph (2) omit “, 3”.

5.

In regulation 21A(3)23 (treatment of refugees) for “dependants” there shall be substituted “partner”.

6.

In regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage) –

(a)

in paragraph (1)24 –

(i)

for the words from “Subject” to “of the Order” there shall be substituted “Subject to paragraph (4), the income and capital of a claimant’s partner which by virtue of section 132 of the Contributions and Benefits Act”, and

(ii)

the words “or that child or young person” shall be omitted;

(b)

for paragraph (2) there shall be substituted the following paragraph –

“(2)
Subject to the following provisions of this Part, the income paid to, or in respect of, and capital of, a child or young person who is a member of the claimant’s family shall not be treated as the income or capital of the claimant.”;

(c)

in paragraph (3)(a)25 “and the income of any child or young person who is one of that member’s family” shall be omitted;

(d)

in paragraph (3)(b) “or, as the case may be, the income of that child or young person” and the words after “for the claimant” to the end of that paragraph shall be omitted.

7.

In regulation 25 (liable relative payments) for “44” there shall be substituted “42”.

8.

In regulation 40 (calculation of income other than earnings) –

(a)

in paragraph (1)26 for the words after “income under” to the end of that paragraph there shall be substituted “regulation 41 (capital treated as income)”;

(b)

in paragraph (4)(b)27 for “dependants” there shall be substituted “partner”.

9.

Regulation 41(3)28 (capital treated as income) shall be omitted.

10.

In regulation 42 (notional income) –

(a)

paragraph (2)(d)29 shall be omitted;

(b)

in paragraph (2)(e)30 for “working families' tax credit” there shall be substituted “working tax credit”;

(c)

in paragraph 2(f)31 for “disabled person’s tax credit” there shall be substituted “child tax credit”;

(d)

paragraph (2D)32 shall be omitted;

(e)

in paragraph (4)(a)33 –

(i)

for “in respect of a member of the family” there shall be substituted “his partner”;

(ii)

in head (i)34 for “or by that member, if it is paid to any member of that family” there shall be substituted “or by his partner, if it is paid to his partner”;

(iii)

in head (ia)35 for “that member” there shall be substituted “the claimant’s partner”;

(iv)

in head (ii)36 for “or by that member” there shall be substituted “or his partner” and for “of any member of that family” there shall be substituted “of his partner”;

(f)

for paragraph (4)(b) there shall be substituted the following –

“(b)
to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extent that it is kept or used by him or used by or on behalf of his partner;”;

(g)

in paragraph (4ZA)(d)(iii)37 for “any member of his family” there shall be substituted “his partner (if any)”;

(h)

in paragraph (4A)38 for the words after “the cost of maintaining the claimant” to the end of that paragraph there shall be substituted “or his partner in that home shall be treated as possessed by the claimant or his partner”.

11.

Regulation 4439 (modifications in respect of children and young persons) and regulation 47 (disregard of capital of child or young person) shall be omitted.

12.

In regulation 48 (income treated as capital) –

(a)

paragraphs (8)40 and (10)(b)41 shall be omitted, and

(b)

in paragraph (10)(a) for “or to a member of the family” there shall be substituted “or to the partner”.

13.

In regulation 51 (notional capital) –

(a)

in paragraph (3)(a)42 –

(i)

for “in respect of a member of the family” there shall be substituted “his partner”;

(ii)

in head (i)43 for “or by that member if it is paid to any member of the family” there shall be substituted “or by his partner, if it is paid to his partner”;

(iii)

in head (ia)44 for “that member” there shall be substituted “the claimant’s partner”, and

(iv)

in head (ii)45 for “or by that member” there shall be substituted “or his partner” and for “of any member of that family” there shall be substituted “of his partner”;

(b)

for paragraph (3)(b) there shall be substituted the following –

“(b)
to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extent that it is kept or used by him or used by or on behalf of his partner.”, and

(c)

in paragraph (3A)(c)(iii)46 for “any member of his family” there shall be substituted “his partner (if any)”.

14.

In regulation 54 (liable relatives interpretation) in the definition of “payment”47 paragraph (d) shall be omitted.

F1315.

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

16.

In regulation 62 (calculation of grant income) –

(a)

after paragraph (2)(h) there shall be added the following sub-paragraph –

“(i)
intended for the maintenance or child care costs of a child dependant.”;

(b)

for paragraph (2B)50 there shall be substituted the following paragraph –

“(2B)
There shall also be excluded from a student’s grant income any grant of £510 in respect of expenditure on travel, books and equipment which is payable under regulation 16(8) of the Education (Student Support) Regulations (Northern Ireland) 200251.”;

(c)

in paragraph (3)52 for “dependents” there shall be substituted “adult dependants” and “or intended for an older student under Part IV of that Schedule,” shall be omitted.

(d)

in paragraph (3A)53 for “dependants” in both places where it occurs there shall be substituted “an adult dependant”, and

(e)

in paragraph (3B)54 for “dependents” there shall be substituted “an adult dependant”.

17.

In regulation 66B(3)55 (treatment of payments from access funds) and in regulation 68(3)56 (income treated as capital) for “any other member of his family” there shall be substituted “his partner”.

F1418.

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

F1519.

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

20.

In Schedule 2 (applicable amounts) –

(a)

paragraphs 266 (amounts for child or young person), 367 (family premium), 6(1)(c)68 (premiums) and 1469 (disabled child premium) shall be omitted;

(b)

in paragraph 12(1)(a)(i)70 (additional condition for the higher pensioner and disability premiums) for “disabled person’s tax credit” there shall be substituted “the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 200271”;

(c)

in paragraph 13A72 (enhanced disability premium) –

(i)

in sub-paragraph (1)(b) for “a member of the claimant’s family” there shall be substituted “the claimant’s partner (if any)”;

(ii)

sub-paragraph (2)(a) shall be omitted, and

(d)

in paragraph 1573 (weekly amounts of premiums specified in Part III) sub-paragraph (6) (disabled child premium) in columns (1) and (2) and sub-paragraph (8)(a) (enhanced disability premium) in Column (2) shall be omitted.

21.

In Schedule 7 (applicable amounts in special cases) –

F16(a)

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

F16(b)

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

F16(c)

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

F17(d)

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

(e)

paragraph 10C(a)78 and “and” which follows that sub-paragraph in Column (2) shall be omitted;

(f)

in paragraph 10C(b)79 in Column (2) for the words from “under regulation” to the end of that sub-paragraph there shall be substituted “under regulation 17(1)(e), (f) or (g)”;

(g)

in paragraph 1380, sub-paragraph (1)(d) in Columns (1) and (2) shall be omitted;

(h)

for paragraph 14A(a)81 and (b) in Column (2) there shall be substituted –

“14A.
(a)
The amount applicable in respect of the claimant only under regulation 17(1)(a), any amount which may be applicable to him under regulation 17(1)(d) plus the amount applicable to him under regulation 17(1)(e), (f) and (g) or, as the case may be, regulation 21.
(b)
The amount determined in accordance with that regulation or regulation 21 in respect of the claimant and any partners of his who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to income support.”.

22.

In Schedule 8 (sums to be disregarded in the calculation of earnings) –

(a)

in paragraph 14 “except earnings to which paragraph 15 applies” shall be omitted, and

(b)

paragraph 1582 shall be omitted.

23.

In Schedule 9 (sums to be disregarded in calculation of income other than earnings) –

(a)

after paragraph 5 there shall be inserted the following paragraph83 –

“5A.
Any guardian’s allowance.”;

(b)

after paragraph 5A there shall be inserted the following paragraph –

“5B.
(1)
Any child tax credit.
(2)
Any child benefit.”;

(c)

in paragraph 2584 –

(i)

in sub-paragraph (1) “to the extent specified in sub-paragraph (2)” shall be omitted, and

(ii)

sub-paragraph (2) shall be omitted;

(d)

after paragraph 25, there shall be inserted the following paragraph –

“25A.
In the case of a claimant who has a child or young person –
(a)
who is a member of his family, and
(b)
who is residing at an educational establishment at which he is receiving relevant education,
any payment made to that educational establishment, in respect of that child or young person’s maintenance by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family.”, and

(e)

in paragraph 6885, for “any working families' tax credit or disabled person’s tax credit to which section 127 or as the case may be 128 of the Contributions and Benefits Act refers” there shall be substituted “any working tax credit”.

24.

In Schedule 10 (capital to be disregarded) –

F18(a)

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

(b)

in paragraph 2087, “, 44(1)” and “, modifications in respect of children and young persons” shall be omitted.

SCHEDULE 2AMENDMENTS TO JOBSEEKER'S ALLOWANCE REGULATIONS

Regulation 3

1.

In regulation 2A88 (disapplication of section 1(1A) of the Administration Act) paragraph (a) shall be omitted.

2.

In regulation 8389 (applicable amounts) –

(a)

paragraphs (b) (amount in respect of children and young persons) and (d) (family premium) shall be omitted, and

(b)

in paragraph (c) for “, or where the claimant is a member of a family, an amount in respect of any member of the family aged 16 or over” there shall be substituted “or, if he is a member of a couple, an amount in respect of both of them”.

3.

In regulation 8490 (polygamous marriages) –

(a)

paragraph (1)(c) (amount in respect of children and young persons) and (e) (family premium) shall be omitted, and

(b)

in paragraph (1)(d) for “any member of his household aged 16 or over” there shall be substituted “any partner of the polygamous marriage”.

4.

In regulation 85 (special cases) –

(a)

in paragraph (1)91 (applicable amounts in special cases) the words from “but excluding” to the end of that paragraph shall be omitted, and

(b)

in paragraph (3) omit “, 2”.

5.

In regulation 86B(c)92 (applicable amounts for joint-claim couples: polygamous marriages) for “any member of his household aged 16 or over” there shall be substituted “any partner of the polygamous marriage”.

6.

In regulation 88 (calculation of income and capital of members of claimant’s family and of a polygamous marriage) –

(a)

in paragraph (1)93 –

(i)

for “paragraphs (2) and” there shall be substituted “paragraph” and for “regulations” there shall be substituted “regulation”;

(ii)

the words “and 106 (modifications in respect of children and young persons)” and “and the income of a child or young person” and the words after “to his partner” to the end of that paragraph shall be omitted;

(b)

for paragraph (2) there shall be substituted the following paragraph –

“(2)
Subject to the following provisions of this Part, the income paid to, or in respect of, and capital of, a child or young person who is a member of the claimant’s family shall not be treated as the income or capital of the claimant.”;

(c)

in paragraph (4)(a) the words after “each such member” to the end of that sub-paragraph shall be omitted, and

(d)

in paragraph (4)(b) “or, as the case may be, the income of that child or young person” and the words after “for the claimant” to the end of that paragraph shall be omitted.

7.

In regulation 89 (liable relative payments) for “106” there shall be substituted “105”.

8.

In regulation 103 (calculation of income other than earnings) –

(a)

in paragraph (1)94 for the words after “income under” to the end of that paragraph there shall be substituted “regulation 104 (capital treated as income)”, and

(b)

in paragraph (6)(b)95 for “dependants” there shall be substituted “partner”.

9.

Regulation 104(3)96 (capital treated as income) shall be omitted.

10.

In regulation 105 (notional income) –

(a)

paragraph (2)(c)97 and (2A)98 shall be omitted;

(b)

in paragraph (2)(d)99 for “working families' tax credit or disabled person’s tax credit” there shall be substituted “working tax credit or child tax credit”;

(c)

in paragraph (10)(a)100 –

(i)

for “in respect of a member of the family” there shall be substituted “his partner”;

(ii)

in head (i)101 for “by that member of the family, if it would normally be paid to that member” there shall be substituted “by his partner, if it would normally be paid to his partner”;

(iii)

in head (ia)102 for “that member” there shall be substituted “the claimant’s partner”, and

(iv)

in head (ii)103 for “or by that member of the family” there shall be substituted “or his partner” and for “of any member of the family” there shall be substituted “of his partner”;

(d)

for paragraph (10)(b) there shall be substituted the following –

“(b)
to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extent that it is kept or used by him or used by or on behalf of his partner;”;

(e)

in paragraph (10A)(d)(iii)104 for “any member of his family” there shall be substituted “his partner (if any)”, and

(f)

in paragraph (11) for the words after “the cost of maintaining the claimant” to the end of that paragraph there shall be substituted “or his partner in that home shall be treated as possessed by the claimant or his partner”.

11.

Regulation 106105 (modifications in respect of children and young persons) and regulation 109 (disregard of capital of child or young person) shall be omitted.

12.

In regulation 110 (income treated as capital) paragraphs (8)106 and (10)(b) shall be omitted.

13.

In regulation 113 (notional capital) –

(a)

in paragraph (3)(a)107 –

(i)

for “in respect of a member of the family” there shall be substituted “his partner”;

(ii)

in head (i)108 for “by that member of the family, if it would normally be paid to that member” there shall be substituted “by his partner, if it would normally be paid to his partner”;

(iii)

in head (ia)109 for “that member” there shall be substituted “the claimant’s partner”;

(iv)

in head (ii)110 for “or that member of the family” there shall be substituted “or his partner” and for “of any member of the family” there shall be substituted “of his partner”;

(b)

for paragraph (3)(b) there shall be substituted the following –

“(b)
to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant, or, as the case may be, his partner, to the extent that it is kept or used by him or used by or on behalf of his partner.”, and

(c)

in paragraph (3A)(c)(iii)111 for “any member of his family” there shall be substituted “his partner (if any)”.

14.

In regulation 117 (liable relatives: interpretation) in the definition of “payment” paragraph (d) shall be omitted.

F1915.

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

16.

In regulation 131 (calculation of grant income) –

(a)

after paragraph (2)(g) there shall be added the following sub-paragraph –

“(h)
intended for the maintenance or child care costs of a child dependant.”;

(b)

for paragraph (3A)114 there shall be substituted the following paragraph –

“(3A)
There shall also be excluded from a student’s grant income any grant of £510 in respect of expenditure on travel, books and equipment which is payable under regulation 16(8) of the Education (Student Support) Regulations (Northern Ireland) 2002.”;

(c)

in paragraph (4)115 for “dependents” there shall be substituted “adult dependants” and “or intended for an older student under Part IV of that Schedule,” shall be omitted;

(d)

in paragraph (5)116 for “dependants” in both places where it occurs there shall be substituted “an adult dependant”, and

(e)

in paragraph (5A)117 for “dependents” there shall be substituted “an adult dependant”.

17.

In regulation 136A(3)118 (treatment of payments from access funds) and regulation 138(3)119 (income treated as capital) for “any other member of his family” there shall be substituted “his partner”.

18.

In regulation 140(5)(a)120 (meaning of “person in hardship”) for the words after “Schedule 1 or” to the end of that sub-paragraph there shall be substituted “an element of child tax credit in respect of a child or young person who is disabled or severely disabled within the meaning of regulation 8 of the Child Tax Credit Regulations 2002”.

19.

In regulation 148(1)121 (applicable amount in urgent cases) –

(a)

sub-paragraphs (a)(ii), (c)(ii) and (d)(i) shall be omitted; and

(b)

in sub-paragraphs (a)(iii) and (d)(ii) “II or” shall be omitted.

20.

In Schedule 1 (applicable amounts) –

(a)

paragraphs 2122 (amounts for child or young person), 4123 (family premium), 7(1)(c)124 (premiums) and 16125 (disabled child premium) shall be omitted;

(b)

in paragraph 14(1)(a)126 (additional conditions for higher pensioner and disability premium) for “either disabled person’s tax credit” there shall be substituted “the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002”;

(c)

in paragraph 15A127 (enhanced disability premium) –

(i)

in sub-paragraph (1)(b) for “a member of the claimant’s family,” there shall be substituted “the claimant’s partner (if any),”, and

(ii)

sub-paragraph (2)(a) shall be omitted;

(d)

in paragraph 20 (weekly amounts of premiums specified in Part III) sub-paragraph (7)128 (disabled child premium) in Columns (1) and (2) and sub-paragraph (9)(a)129 (enhanced disability premium) in Column (2) shall be omitted, and

(e)

in paragraph 20H(1)(a)130 (additional conditions for higher pensioner and disability premium, joint claim) for “either disabled person’s tax credit” there shall be substituted “the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002”.

21.

In Schedule 4 (applicable amounts in special cases) –

F20(a)

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

(b)

in paragraph 9(b)133 in Column (2) for “83(d) or (f)” there shall be substituted “83(f)”;

(c)

for paragraph 13A(a)134 and (b) in Column (2) there shall be substituted –

“13A.
(a)
The amount applicable in respect of the claimant only under regulation 83(a), plus any amount which may be applicable to him under regulation 83(e) or (f) plus the amount applicable to him under regulation 87(2) or (3) or, as the case may be, regulation 85;
(b)
The amount determined in accordance with that regulation or regulation 85 in respect of the claimant and any partners of his who are not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and to whom section 115 of that Act does not apply for the purposes of exclusion from entitlement to jobseeker’s allowance.”, and

(d)

paragraph 15(1)(d) in Columns (1) and (2) shall be omitted.

22.

In Schedule 5 (sums to be disregarded in the calculation of earnings) –

(a)

in paragraph 17 “except earnings to which paragraph 18 applies” shall be omitted, and

(b)

paragraph 18135 shall be omitted.

23.

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) –

(a)

after paragraph 6 there shall be inserted the following paragraph136 –

“6A.
Any guardian’s allowance.”;

(b)

after paragraph 6A there shall be inserted the following paragraph –

“6B.
(1)
Any child tax credit.
(2)
Any child benefit.”;

(c)

in paragraph 26(1)137 “to the extent specified in sub-paragraph (2)” shall be omitted and sub-paragraph (2) shall be omitted, and

(d)

after paragraph 26, there shall be inserted the following paragraph –

“26A.
In the case of a claimant who has a child or young person –
(a)
who is a member of his family, and
(b)
who is residing at an educational establishment at which he is receiving relevant education,
any payment made to that educational establishment, in respect of that child or young person’s maintenance by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family.”.

24.

In Schedule 7 (capital to be disregarded) –

F21(a)

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

(b)

in paragraph 25 “, 106(1)” and “, modifications in respect of children and young persons” shall be omitted.

F22SCHEDULE 3AMENDMENT OF THE HOUSING BENEFIT REGULATIONS

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

SCHEDULE 4OTHER MISCELLANEOUS CONSEQUENTIAL AMENDMENTS

Regulation 5

1.

In the Social Security (Credits) Regulations (Northern Ireland) 1975150 –

(a)

in regulation 2(1) (interpretation) –

(i)

the definition of “disabled person’s tax credit”151 shall be omitted, and

(ii)

for the definition of “working families' tax credit”152 there shall be substituted the definition –

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

(b)

in the heading which precedes regulation 7B153 (credits for disabled person’s tax credit) for “disabled person’s tax credit” there shall be substituted “disability element of working tax credit”;

(c)

in regulation 7B for “a disabled person’s tax credit” there shall be substituted “the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 is included in an award of working tax credit which”;

(d)

in the heading which precedes regulation 7C154 (credits for working families' tax credit) for “working families' tax credit” there shall be substituted “working tax credit”;

(e)

in regulation 7C –

(i)

at the beginning of paragraph (1)155, there shall be inserted “Subject to regulation 7B,”;

(ii)

in paragraphs (1) and (2)156 for “working families' tax credit” there shall be substituted “working tax credit”;

(iii)

in paragraph (3)157 for “working families' tax credit” in sub-paragraphs (a) and (c) there shall be substituted “working tax credit”, sub-paragraph (b) shall be omitted and “as equal” in sub-paragraph (c) shall be omitted, and

(iv)

paragraph (5) shall be omitted.

F232.

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

3.

In regulation 6 (date of claim) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987163 –

(a)

in paragraph (28)(a)164 for “family credit or disability working allowance” there shall be substituted “working tax credit”, and

(b)

in paragraph 28(b) after “remunerative work” there shall be added “for the purposes of that tax credit”.

4.

In regulation 1B(2) (relaxation of the first contribution condition in certain cases) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994165 after sub-paragraph (b)(ii) there shall be inserted the following head –

“(iii)
who was entitled to working tax credit where the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 was included in the award, or”.

5.

Paragraph 5 of Schedule 1 and paragraph 5 of Schedule 3 to the Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit Amendment) Regulations (Northern Ireland) 2003166 shall be omitted.

6.

Paragraph 5 of Schedule 2 to the Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit Amendment) Regulations (Northern Ireland) 2003 shall be omitted.

(This note is not part of the Regulations.)

These Regulations further amend the Income Support (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 so as to remove, in accordance with section 1 of the Tax Credits Act 2002 (“the 2002 Act”), the special amounts and premia in income support and jobseeker’s allowance for those with responsibility for children and young persons.

These Regulations further amend the Income Support Regulations, the Jobseeker’s Allowance Regulations, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Social Security (Credits) Regulations (Northern Ireland) 1975, the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 1987, the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987, the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994 and the Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit Amendment) Regulations (Northern Ireland) 2003 to make further consequential provision and transitional arrangements in connection with the introduction of child tax credit and working tax credit by the 2002 Act.

In so far as these Regulations are required, for the purposes of regulation 4 and Schedule 3, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (“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 Work and Pensions 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.

These Regulations do not impose any charge on business.