The Social Security Benefit (Computation of Earnings) (Amendment) Regulations (Northern Ireland) 2009

Amendment of the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996

2.—(1) The Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996(1) are amended as follows.

(2) In regulation 9(2) (earnings of employed earners)—

(a) for paragraph (3) substitute—

““Earnings” shall not include any payments in respect of expenses—

(a) wholly, exclusively and necessarily incurred in the performance of the duties of the employment; or

(b) arising out of the claimant’s participation in a service user group.”;

(b) in paragraph (4) after the definition of “paternity leave” add—

““public authority” has the meaning given in section 75(3) of the Northern Ireland Act 1998(3);

“service user group” means a group of individuals that is consulted by or on behalf of—

(a)

a public authority under section 49A of the Disability Discrimination Act 1995(4),

(b)

a council under section 1 of the Local Government (Best Value) Act (Northern Ireland) 2002(5),

(c)

the Patient and Client Council under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(6),

(d)

a body to which sections 17 to 19 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 applies,

(e)

the Commission or the Office of the Health Professions Adjudicator in consequence of a function under section 108 of the Health and Social Care Act 2008(7),

(f)

any other public authority in Northern Ireland in consequence of a function conferred under any statutory provision,

for the purposes of monitoring and advising on a policy of that body or authority which affects or may affect persons in the group, or of monitoring or advising on services provided by that body or authority which are used (or may potentially be used) by those persons..”.

(3) In regulation 11 (calculation of earnings of self-employed earners)—

(a) in paragraph (2) for the words “royalties or sums paid periodically for, or in respect of, any copyright” substitute “any items to which paragraph (2A) applies”;

(b) after paragraph (2) insert—

“(2A) This paragraph applies to —

(a) royalties or other sums paid as a consideration for the use of, or the right to use, any copyright, design, patent or trade mark; or

(b) any payment in respect of any—

(i) book registered under the Public Lending Right Scheme 1982(8); or

(ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,

where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.”.

(1)

S.R. 1996 No. 520.

(2)

Regulation 9 was amended by SI 2002/2925.

(3)

1998 c. 47.

(4)

1995 c. 50.

(5)

2002 c. 4 (NI).

(6)

2009 c. 1 (NI).

(7)

2008 c. 14.

(8)

The Public Lending Right Scheme 1982 (“the Scheme”) was initially set out in the Appendix to S.I. 1982/719 and is now set out in Appendix 2 to S.I. 1990/2360. Other variations, modifications and amendments to the Scheme have been set out in S.I. 1991/2618, 1996/1338, 1997/1576, 1998/1218, 1999/420, 1999/1042, 2002/3135, 2004/1258, 2005/1519 and 2006/3294.