5.—(1) Subject to paragraph (2) where, in relation to an award of jobseeker's allowance, an amount in respect of one or more children or young persons is included in the applicable amount M1 because regulation 3 of, and Schedule 2 to, the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003 M2 do not have effect, no amount is to be included in respect of a child or young person born on or after 6th April 2017 if—
(a)at the time of the child or young person's birth or (if later) at the time that the child or young person becomes a member of the claimant's family, an amount is already included in the claimant's applicable amount in respect of two or more children or young persons; and
(b)two or more of those children or young persons remain members of the claimant's family.
(2) Paragraph (1) does not prevent an amount being included in respect of a child or young person in respect of whom [F1the child element would be payable] if the claimant were entitled to an award of universal credit.
(3) Where an amount may not be included in the applicable amount in respect of a child or young person by virtue of paragraph (1), any child benefit in respect of that child or young person is to be disregarded in the calculation of the claimant's gross income for the purposes of regulation 103 (calculation of income other than earnings) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996 M3.
(4) In this regulation “young person” has the meaning prescribed in regulation 76 M4 (persons of a prescribed description) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996.
Textual Amendments
F1Words in reg. 5(2) substituted (28.11.2018) by The Universal Credit and Jobseekers Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/187), regs. 1(2), 5(b)
Marginal Citations
M1Where it remains in operation, regulation 83(b) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996 (S.R. 1996 No. 198) provides for a claimant's weekly applicably amount to include an amount in respect of any child or young person who is a member of his family, subject to certain capital restrictions.
M2Regulation 1 of those Regulations sets out the circumstances in which regulation 3 and Schedule 2 shall have effect.
M3S.R. 1996 No. 198; relevant amending Regulations are S.R. 2003 No. 1, S.R. 2005 No. 319 (C. 23), S.R. 2006 No. 128 and S.R. 2008 No. 286.
M4Regulation 76 was amended by paragraph 2 of Schedule 3 to, S.R. 2003 No. 1, paragraph 2 of Schedule 3 to S.R. 2005 No. 319 (C. 23), regulation 4(6) of S.R. 2006 No. 128 and regulation 19(12) of S.R. 2008 No. 286