The Social Security and Child Support (Jobseeker's Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996
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SOCIAL SECURITY FAMILY LAW CHILD SUPPORT The Social Security and Child Support (Jobseeker's Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996
The Department of Health and Social Services, in exercise of the powers conferred on it by Article 39 of the Jobseekers (Northern Ireland) Order 1995[1] and of all other powers enabling it in that behalf, by this statutory rule, which contains only regulations made by virtue of, or consequential upon, Article 39(1) of that Order and with the consent of the Department of Finance and Personnel to regulation 16[2], hereby makes the following Regulations:
1. These Regulations may be cited as the Social Security and Child Support (Jobseeker's Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996 and shall come into operation on 7th October 1996.
2. In regulation 3 of the Social Security (Benefit) (Married Women and Widows Special Provisions) (Northern Ireland) Regulations 1975[3] (modifications in relation to widows with respect to unemployment and other benefits)—
3. In regulation 3 of the Social Security (Airmen's Benefits) Regulations (Northern Ireland) 1975[4] (application of the Act and regulations) after "thereunder" there shall be inserted ", and the Jobseekers (Northern Ireland) Order 1995[5] and regulations made thereunder".
4.—(1) The Social Security (Mariners' Benefits) Regulations (Northern Ireland) 1975[6] shall be amended in accordance with paragraphs (2) to (5). (2) In regulation 4(b)[7] (removal of disqualification for receiving benefit by reason of absence from Northern Ireland) "unemployment benefit" shall be omitted. (3) In regulation 5[8] (evidence of unemployment or incapacity) for "unemployment benefit" there shall be substituted "a jobseeker's allowance". (4) In regulation 7 (modification of contribution conditions for receiving benefit in certain circumstances, in respect of mariners employed on board foreign-going ships) for the words from the beginning up to and including "this regulation be satisfied" there shall be substituted— Where, on a claim for benefit, a contribution condition that the contributor concerned must in respect of the relevant past year have—
(5) In regulation 9 (application of the Act and regulations) after "made thereunder" there shall be inserted ", or of the Jobseekers (Northern Ireland) Order 1995 and regulations made thereunder,".
5.—(1) The Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977[9] shall be amended in accordance with paragraphs (2) to (4), (7) and (8). (2) In regulation 2(1)(a)[10] (provisions as to maintenance for the purposes of increase of benefit in respect of dependants) "unemployed, or" shall be omitted. (3) In regulation 3 (allocation of contributions for spouse or children)—
(4) Subject to paragraph (5), in regulation 8 (earnings rules for increases for adult dependants)—
(5) Where the amount for the time being specified in regulation 79(1)(c) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996 is less than the amount specified in paragraph 1 of Part I of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as in operation on 6th October 1996, paragraph (4) shall have effect as if the words substituted by that paragraph were "£48·25". (6) Paragraph (5) shall apply in a particular case only for so long as the amount substituted by that paragraph is greater than the amount specified in regulation 79(1)(c) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996. (7) In regulation 10 (increase of benefit for person having care of child)—
(8) In regulation 11 (contribution to maintenance of adult dependant)—
6. In regulation 2(2)(a) of the Social Security Benefit (Persons Residing Together) Regulations (Northern Ireland) 1977[16] (circumstances in which a person is to be treated as residing or not residing with another person or in which persons are to be treated as residing or not residing together) "of unemployment benefit or" shall be omitted.
7. In section 35(9) of the National Insurance Act (Northern Ireland) 1966[17], as continued in force by regulation 2(3) of, and Schedule 1 to, the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978[18], for the words from "sections 25(5)" to the end of the subsection there shall be substituted "section 30B(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[19], regulations 11(1) and 18(6) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995[20] and regulation 9(5) of the Jobseeker's Allowance (Transitional Provisions) Regulations (Northern Ireland) 1996[21] (rates of incapacity benefit and jobseeker's allowance in transitional cases for persons over pensionable age).".
8.—(1) The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978[22] shall be amended in accordance with paragraphs (2) and (3). (2) In regulation 13(1)(a) (modification of the Act in relation to the Channel Islands) "(other than unemployment benefit)" shall be omitted. (3) In regulation 16 (administrative arrangements about payment of benefit) after "under the Act" there shall be inserted ", or in connection with jobseeker's allowance,".
9. In regulation 3 of the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1978[23] (payments to be disregarded)—
10.—(1) The Child Benefit (General) Regulations (Northern Ireland) 1979[24] shall be amended in accordance with paragraphs (2) and (3). (2) For regulation 9A[25] (child receiving income support) there shall be substituted the following regulation— "Child receiving income support or income-based jobseeker's allowance 9A. Benefit shall not be payable in respect of a child by virtue of section 138(1)(c) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[26] (meaning of "child") for any week in respect of which that child receives income support or income-based jobseeker's allowance within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995." . (3) In regulation 9B(3)(b)[27] (circumstances in which a person who has ceased to receive full-time education is to be treated as a child) after "income support" there shall be inserted "or income-based jobseeker's allowance within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995".
11.—(1) The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979[28] shall be amended in accordance with paragraphs (2) to (8). (2) In regulation 2(1) (interpretation)—
(3) In regulation 4(1)(a)[30] (adjustment of personal benefit) after "injuries benefits)" there shall be inserted "or under the Jobseekers Order". (4) In regulation 10(1)[31] (adjustment of dependency benefit) after sub-paragraph (i) there shall be added the following sub-paragraph—
(5) In regulation 14[32] (provisions for adjusting benefit for part of a week)—
(6) In regulation 16 (persons to be treated as entitled to benefit for certain purposes)—
(7) In regulation 17 (prevention of double adjustments) after the words "under the Act" in each place where they occur there shall be inserted "or under the Jobseekers Order". (8) In paragraph 1 of Schedule 1[33] (personal benefit under the Act) for "Unemployment benefit" there shall be substituted "A contribution-based jobseeker's allowance".
12. In regulation 4(2)(b)(ii) of the Social Security (Widow's Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979[34] (days to be treated as days of increment) for the words "unemployment benefit" in the second place where they occur there shall be substituted "a contribution-based jobseeker's allowance".
13. In regulation 20 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations (Northern Ireland) 1984[35] (special provisions for certain persons who have been employed abroad) for "unemployment benefit" there shall be substituted "a contribution-based jobseeker's allowance".
14.—(1) The Family Credit (General) Regulations (Northern Ireland) 1987[36] shall be amended in accordance with paragraphs (2) to (6). (2) In regulation 2(1) (interpretation) after the definition of "the Contributions and Benefits Act"[37] there shall be inserted the following definition—
(3) In regulation 6(2)[38] (persons of a prescribed description) after sub-paragraph (a) there shall be inserted the following sub-paragraph—
(4) In regulation 50[39] (prevention of duplication of awards of family credit, disability working allowance and income support) for "or income support" there shall be substituted ", income support or income-based jobseeker's allowance". (5) In Schedule 2 (sums to be disregarded in the calculation of income other than earnings)—
(6) In Schedule 3 (capital to be disregarded)—
15.—(1) The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988[42] shall be amended in accordance with paragraphs (2) to (6). (2) In regulation 1(2) (interpretation)—
(3) In regulations 5(3) (offsetting prior payment against subsequent award), 8(2) (duplication and prescribed payments), 13(b) (sums to be deducted in calculating recoverable amounts) and 15(2)(d) (recovery by deduction from prescribed benefits) after the words "income support" in each place where they occur there shall be inserted "or income-based jobseeker's allowance". (4) In regulation 7(1)[44] (duplication and prescribed income)—
(5) In regulations 14(1)[45] (quarterly dimunition of capital) and 17[46] (recovery from couples) after the words "income support" in each place where they occur there shall be inserted ", income based jobseeker's allowance". (6) In regulation 16 (limitations on deductions from prescribed benefits)—
16. In regulation 2(1) of the Social Security (Recoupment) Regulations (Northern Ireland) 1990[47] (relevant benefits) after sub-paragraph (e) there shall be inserted the following sub-paragraph—
17. In regulation 8(6)(a) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992[48] (exemption from regulations 6 and 7) after the words "income support" in each place where they occur there shall be inserted "or income-based jobseeker's allowance".
18. In regulation 10(8)(a) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992[49] (exemption from regulations 8 and 9) after the words "income support" in each place where they occur there shall be inserted "or income-based jobseeker's allowance".
19.—(1) The Disability Working Allowance (General) Regulations (Northern Ireland) 1992[50] shall be amended in accordance with paragraphs (2) to (7). (2) In regulation 2 (interpretation) after the definition of "the Contributions and Benefits Act"[51] there shall be inserted the following definition—
(3) In regulation 7 (income-related benefits)—
(4) In regulation 8(2) (persons of a prescribed description) after sub-paragraph (a) there shall be inserted the following sub-paragraph—
(5) In regulation 55 (prevention of duplication of awards of disability working allowance, family credit and income support) after "family credit" there shall be inserted ", income-based jobseeker's allowance". (6) In Schedule 3 (sums to be disregarded in the calculation of income other than earnings)—
(7) In Schedule 4 (capital to be disregarded)—
20.—(1) The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992[55] shall be amended in accordance with paragraphs (2) to (11). (2) In regulation 1 (interpretation)—
(3) In regulation 8D(8)[58] (miscellaneous provisions in relation to interim maintenance assessments) at the end there shall be added "or income-based jobseeker's allowance". (4) In regulation 16(6) (intervals between periodical reviews and notice of a periodical review) after the words "income support" in each place where they occur there shall be inserted "or income-based jobseeker's allowance". (5) In regulation 34A[59] (circumstances in which a reduced benefit direction shall not be given) after paragraph (a) there shall be inserted the following paragraph—
(6) In regulation 35[60] (amount of and period of reduction of relevant benefit under a reduced benefit direction)—
(7) In regulation 37(3) (suspension of a reduced benefit direction when relevant benefit ceases to be payable) after "39," there shall be inserted "39ZA,". (8) In regulation 38(1) (reduced benefit direction where family credit or disability working allowance is payable and income support becomes payable)—
(9) After regulation 39 (suspension of a reduced benefit direction when a modified applicable amount is payable) there shall be inserted the following regulation— "Suspension of a reduced benefit direction in the case of modified applicable amounts in jobseeker's allowance 39ZA.—(1) Where a direction is given or is in operation at a time when income-based jobseeker's allowance is payable to or in respect of the parent concerned but that parent's applicable amount falls to be calculated under the provisions mentioned in paragraph (4), that direction shall be suspended for so long as the applicable amount falls to be calculated under those provisions, or 52 weeks, whichever period is the shorter. (2) Where a direction is given or is in operation at a time when income-based jobseeker's allowance is payable to or in respect of the parent concerned, but that parent's applicable amount includes a residential allowance under regulation 83(c) of, and paragraph 3 of Schedule 1 to, the Jobseeker's Allowance Regulations (persons in residential care or nursing homes), that direction shall be suspended for as long as that parent's applicable amount includes such a residential allowance, or 52 weeks, whichever period is the shorter. (3) Where a case falls within paragraph (1) or (2) and a direction has been suspended for a period of 52 weeks, it shall cease to be in force. (4) The provisions of paragraph (1) shall apply where the applicable amount in relation to the parent concerned falls to be calculated under—
(10) In regulation 45(1) (reduced benefit directions where there is an additional qualifying child) after the words "regulation 39" in each place where they occur there shall be inserted "or 39ZA". (11) In paragraph 1(3)(b) of Schedule 1 (persons of 16 or 17 years of age who are not in full-time non-advanced education) after "income support" there shall be inserted "or income-based jobseeker's allowance".
21.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992[61] shall be amended in accordance with paragraphs (2) to (8). (2) In regulation 1(2) (interpretation) after the definition of "the 1972 Order" there shall be inserted the following definition—
(3) In regulation 28(1)[63] (amount payable where absent parent is in receipt of income support or other prescribed benefit) after the words "income support" in the first place where they occur there shall be inserted ", income-based jobseeker's allowance". (4) In Schedule 1 (calculation of N and M)—
(5) In Schedule 2 (amounts to be disregarded when calculating or estimating N and M), in paragraph 15 after "income support," there shall be inserted "income-based jobseeker's allowance,". (6) In the provisions listed in paragraph (7) after the words "the Contributions and Benefits Act" in each place where they occur there shall be inserted "or the Jobseekers Order". (7) The provisions referred to in paragraph (6) are—
(8) In Schedule 2, in paragraph 48, in the definition of "concessionary payment" after "Contributions and Benefits Act" there shall be inserted "or the Jobseekers Order".
22.—(1) In the provisions of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations (Northern Ireland) 1992[65] listed in paragraph (2), after the words "income support" in each place where they occur there shall be inserted "or income-based jobseeker's allowance". (2) The provisions referred to in paragraph (1) are—
23. In regulation 3(5)(a) of the Child Support Fees Regulations (Northern Ireland) 1993[68] (liability to pay fees) after "Benefits (Northern Ireland) Act 1992" there shall be inserted ", or income-based jobseeker's allowance under the Jobseekers (Northern Ireland) Order 1995".
24.—(1) The Social Security (Incapacity Benefit — Increases for Dependants) Regulations (Northern Ireland) 1994[69] shall be amended in accordance with paragraphs (2) to (4). (2) In regulation 10(2) (earnings rules for increases for adult dependants), for "the amount specified in paragraph 1 of Part I of Schedule 4 to that Act" there shall be substituted, subject to paragraph (3), "the amount for the time being specified in regulation 79(1)(c) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996 (age-related amount for a claimant who has attained the age of 25)". (3) Where the amount for the time being specified in regulation 79(1)(c) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996 is less than the amount specified in paragraph 1 of Part I of Schedule 4 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as in operation on 6th October 1996, paragraph (2) shall have effect as if the words substituted by that paragraph were "£48·25". (4) Paragraph (3) shall apply in a particular case only for so long as the amount substituted by that paragraph is greater than the amount specified in regulation 79(1)(c) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996.
25.—(1) The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995[70] shall be amended in accordance with paragraphs (2) and (3). (2) In regulation 6(3)(a) (information required for determining capacity for work) for "unemployment benefit" there shall be substituted "jobseeker's allowance". (3) In regulation 17A[71] (person who claims unemployment benefit to be treated as capable of work) for "on each day in respect of which he claims unemployment benefit" there shall be substituted "throughout any period in respect of which he claims a jobseeker's allowance" and for "on that day" there shall be substituted "throughout that period".
26. The regulations specified in Column (1) of the Schedule are revoked to the extent specified in Column (3).
Notes: [1] S.I. 1995/2705 (N.I. 15) back [2] See section 165(9) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) back [3] S.R. 1975 No. 19; relevant amending regulations are S.R. 1978 No. 102 and S.R. 1995 No. 150 back [4] S.R. 1975 No. 101, to which there are amendments not relevant to these regulations back [5] S.I. 1995/2705 (N.I. 15) back [6] S.R. 1975 No. 108; relevant amending regulations are S.R. 1984 No. 317 and S.R. 1995 No. 150 back [7] Regulation 4(b) was amended by regulation 14(2)(b) of S.R. 1984 No. 317 and regulation 4(2) of S.R. 1995 No. 150 back [8] Regulation 5 was amended by regulation 14(3) of S.R. 1984 No. 317 and regulation 4(3) of S.R. 1995 No. 150 back [9] S.R. 1977 No. 74; relevant amending regulations are S.R. 1983 Nos. 36 and 193, S.R. 1984 Nos. 373 and 382, S.R. 1985 No. 229, S.R. 1989 No. 373 and S.R. 1994 No. 485 back [10] Sub-paragraph (a) was amended by regulation 4 of S.R. 1989 No. 373 back [11] S.R. 1996 No. 198 back [12] Paragraph (1) was amended by S.R. 1983 No. 36, S.R. 1984 No. 373 and S.R. 1994 No. 485 back [13] Paragraph (2)(b) was amended by regulation 2(6) of S.R. 1984 No. 373 and regulation 4 of S.R. 1989 No. 373 back [14] Paragraph (1) was amended by regulation 2(8) of S.R. 1983 No. 193, regulation 2(11) of S.R. 1984 No. 373, regulation 4 of S.R. 1989 No. 373 and regulation 15(6)(a) of S.R. 1994 No. 485 back [15] S.R. 1996 No. 200 back [16] S.R. 1977 No. 166; relevant amending regulations are S.R. 1983 No. 36, S.R. 1984 No. 317 and S.R. 1995 No. 150 back [18] S.R. 1978 No. 105; relevant amending regulations are S.R. 1989 No. 373 and S.R. 1995 No. 150 back [19] 1992 c. 7; section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) back [20] S.R. 1995 No. 35 back [21] S.R. 1996 No. 200 back [22] S.R. 1978 No. 114, to which there are amendments not relevant to these regulations back [23] S.R. 1978 No. 371; relevant amending regulations are S.R. 1987 No. 201, S.R. 1989 No. 438, S.R. 1992 No. 96 and S.R. 1995 No. 150 back [24] S.R. 1979 No. 5; relevant amending regulations are S.R. 1980 No. 261 and S.R. 1988 Nos. 132 and 273 back [25] Regulation 9A was inserted by regulation 5 of S.R. 1980 No. 261 and amended by regulation 12 of S.R. 1988 No. 132 back [27] Regulation 9B was inserted by regulation 6 of S.R. 1988 No. 273 back [28] S.R. 1979 No. 242; relevant amending regulations are S.R. 1980 No. 451, S.R. 1982 No. 272, S.R. 1983 No. 36, S.R. 1992 No. 557 and S.R. 1995 No. 150 back [29] The definition of "personal benefit" was amended by regulation 2(a) of S.R. 1980 No. 451 back [30] Regulation 4(1) was substituted by regulation 3 of S.R. 1992 No. 557 back [31] Regulation 10(1) was amended by S.R. 1980 No. 451, S.R. 1982 No. 272, S.R. 1983 No. 36 and S.R. 1992 No. 557 back [32] Paragraph (1) was amended by regulation 14(7)(a) of S.R. 1995 No. 150 back [33] Paragraph 1 was amended by regulation 12(3)(a) of S.R. 1983 No. 36 and regulation 14(8)(a) of S.R. 1995 No. 150 back [34] S.R. 1979 No. 243; relevant amending regulations are S.R. 1989 No. 373 back [35] S.R. 1984 No. 245; relevant amending regulations are S.R. 1995 No. 150 back [36] S.R. 1987 No. 463; relevant amending regulations are S.R. 1990 No. 138, S.R. 1993 No. 373, S.R. 1992 No. 6 and S.R. 1996 No. 93 back [37] Definition inserted by regulation 3(2)(a) of S.R. 1993 No. 373 back [38] Paragraph (2) was substituted by regulation 5 of S.R. 1990 No. 138 back [39] Regulation 50 was amended by regulation 12(4) of S.R. 1992 No. 6 back [40] Paragraph 47 was added by regulation 10(3) of S.R. 1996 No. 93 back [42] S.R. 1988 No. 142; relevant amending regulations are S.R. 1988 No. 369, S.R. 1992 No. 6, S.R. 1993 No. 175 and S.R. 1995 No. 150 back [43] The definition of "benefit" was amended by regulation 4(2) of S.R. 1988 No. 369 and regulation 21(2)(b) of S.R. 1995 No. 150 back [44] Regulation 7(1) was substituted by regulation 2(5)(a) of S.R. 1993 No. 175 back [45] Regulation 14(1) was amended by regulation 14(5) of S.R. 1992 No. 6 back [46] Regulation 17 was amended by regulation 14(8) of S.R. 1992 No. 6 back [47] S.R. 1990 No. 85; relevant amending regulations are S.R. 1992 No. 6, S.R. 1994 No. 103 and S.R. 1995 No. 150 back [48] S.R. 1992 No. 20; relevant amending regulations are S.R. 1993 Nos. 149 and 165 back [49] S.R. 1992 No. 32; relevant amending regulations are S.R. 1993 Nos. 149 and 165 back [50] S.R. 1992 No. 78; relevant amending regulations are S.R. 1993 No. 373 and S.R. 1996 No. 93 back [51] Definition inserted by regulation 2(2)(a) of S.R. 1993 No. 373 back [52] S.I. 1995/2705 (N.I. 15) back [53] Paragraph 46 was added by regulation 10(2) of S.R. 1996 No. 93 back [55] S.R. 1992 No. 340; relevant amending regulations are S.R. 1995 Nos. 162 and 475 and S.R. 1996 No. 19 back [56] S.R. 1996 No. 198 back [57] Paragraph (3) was amended by S.R. 1995 No. 475 back [58] Regulation 8D was inserted by regulation 3(3) of S.R. 1995 No. 475 back [59] Regulation 34A was inserted by regulation 3(23) of S.R. 1995 No. 475 back [60] Regulation 35 was amended by regulation 8(12) of S.R. 1995 No. 162 back [61] S.R. 1992 No. 341; relevant amending regulations are S.R. 1993 No. 164 back [62] S.I. 1995/2705 (N.I. 15) back [63] Regulation 28(1) was amended by regulation 5(10)(a) and (b) of S.R. 1993 No. 164 back [64] S.R. 1996 No. 200 back [65] S.R. 1992 No. 342; relevant amending regulations are S.R. 1995 No. 475 back [66] Regulation 8 was substituted by regulation 5(2) of S.R. 1995 No. 475 back [67] Regulation 10A was inserted by regulation 5(3) of S.R. 1995 No. 475 back [68] S.R. 1993 No. 73, to which there are amendments not relevant to these regulations back [69] S.R. 1994 No. 485, to which there are amendments not relevant to these regulations back [70] S.R. 1995 No. 41; relevant amending regulations are S.R. 1995 No. 149 back [71] Regulation 17A was inserted by regulation 4(6) of S.R. 1995 No. 149 back |
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