The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1996
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CHILD SUPPORT; FAMILY LAW; SOCIAL SECURITY The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1996
The Department of Health and Social Services, in exercise of the powers conferred on it by Articles 40(1)(b) and 47 of, and paragraphs 1(3) and (5), 2(1), 4(3), 5(1) and (2), 6(2) and 9 of Schedule 1 to, the Child Support (Northern Ireland) Order 1991[1], sections 122(1)(a), 131(1), 132(3) and (4)(a) and (b), 140(1) and 141(1) of, and paragraph 4 of Schedule 9 to, the Social Security Contributions and Benefits (Northern Ireland) Act 1992[2], sections 1(1), 5(1)(i) and (j), 25(1)(b) and 71(1)(a) of the Social Security Administration (Northern Ireland) Act 1992[3] and Articles 6(5) and 14(2) and (4)(a) and (b) of the Jobseekers (Northern Ireland) Order 1995[4] and of all other powers enabling it in that behalf, and in conjunction with the Department of Finance and Personnel[5], hereby makes the following Regulations:
1.—(1) These Regulations may be cited as the Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 and shall come into operation on 7th April 1997. (2) Regulation 5 shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 7th April 1997 which applies in his case and for the purpose of this paragraph, "benefit week" and "claimant" have the same meaning as in regulation 2(1) of the Income Support Regulations. (3) Regulation 9 shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 7th April 1997 which applies in his case and for the purpose of this paragraph, "benefit week" has the same meaning as in regulation 1(2) of the Jobseeker's Allowance Regulations. (4) In these Regulations—
(5) The Interpretation Act (Northern Ireland) 1954[10] shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.
2.—(1) The Child Benefit Rates Regulations shall be amended in accordance with paragraphs (2) and (3). (2) In regulation 2 (weekly rates of child benefit)—
(2AB) Paragraph (2A) shall not apply where the person is also entitled to child benefit in respect of another child ("B") for whom he is treated as responsible under section 139(1)(a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and he is not residing with a parent of B, in which case he shall be entitled, in respect of A, to the weekly rate of child benefit payable under paragraph (1)(a)(ii)." ; and
(3) Regulation 4 (transitional provision for the purposes of regulation 2(2)) shall be omitted.
3.—(1) The Child Benefit Regulations shall be amended in accordance with paragraphs (2) and (3). (2) In regulation 11 (persons exempt from tax)—
(3) After regulation 11 there shall be inserted the following regulation— "Child living with another person as his spouse 11A.—(1) Except in the circumstances specified in paragraph (2), benefit shall not be payable to any person in respect of a child for any week in which that child is living with another person as his spouse (referred to in this regulation as "the partner") and that child—
(2) The specified circumstances are that—
(4) Paragraph (2) shall not apply in the case of any person who is entitled to child benefit on 6th April 1997 and to whom regulation 11(1) of the Child Benefit Regulations applies on the date these Regulations come into operation, for so long as his entitlement to child benefit continues. (5) Paragraph (3) shall not apply in the case of any person who is entitled to child benefit on 6th April 1997 for so long as that entitlement continues.
4. In regulation 8 of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979[13] (child benefit)—
(3) Subject to paragraph (6), where child benefit is payable to a beneficiary at the rate for the time being specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations and for the same period, in respect of the same child, any benefit or increase of benefit under the Contributions and Benefits Act is or would be payable to a beneficiary, the weekly rate of that benefit or increase thereof shall be reduced by an amount equal to the amount, less £0·75, by which the rate specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations exceeds the rate specified in regulation 2(1)(b) of those Regulations." ; and
5.—(1) The Income Support Regulations shall be amended in accordance with paragraphs (2) to (6). (2) In regulation 42(2) (notional income)—
(3) In regulation 57 (period over which payments other than periodical payments are to be taken into account) in paragraphs (1)(b)(ii) and (2)(b) "and lone parent" shall be omitted. (4) In Schedule 2 (applicable amounts)—
(5) In Schedule 7 (applicable amounts in special cases)—
(6) In paragraph 5 of Schedule 8 (sums to be disregarded in the calculation of earnings) for "lone parent premium under" there shall be substituted "family premium under paragraph 3(a) of".
6.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[16] shall be amended in accordance with paragraphs (2) to (5). (2) In regulation 2(2) (interpretation) the words from "and so shall" to the end of the paragraph shall be omitted. (3) In regulation 9(3) (interchange with claims for other benefits) "(except an increase in child benefit)" shall be omitted. (4) In Part II of Schedule 1 (interchange of claims for child benefit with claims for other benefits) "Increase in child benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976" shall be omitted. (5) In paragraph 2 of Schedule 8 (election to have child benefit paid weekly) for sub-paragraph (a) there shall be substituted the following sub-paragraph—
7. The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992[17] shall be amended in accordance with paragraphs (2) to (15).(2) In regulation 1(2) (interpretation) after the definition of "the 1972 Order" there shall be inserted the following definition—
(3) In regulation 3(1) (calculation of AG)—
(4) In regulation 4 (basic rate of child benefit) for "regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976" there shall be substituted "regulation 2(1)(a)(i) or (b) of the Child Benefit Rates Regulations". (5) In regulation 6(2)(b) (the additional element) after "regulation 3(1)(c)" there shall be inserted "(i)". (6) In regulation 9(1) (exempt income: calculation or estimation of E)—
(7) In regulation 9(2)(c)(iv) for "paragraph 3" there shall be substituted "paragraph 3(b)". (8) In regulation 9(3)—
(9) In regulation 11(1) (protected income)—
(10) In regulation 11(3)—
(11) In regulation 19(2)(c) (both parents are absent) for "not include any amount mentioned in regulation 3(1)(d) (income support lone parent premium)" there shall be substituted "include the amount specified in regulation 3(1)(c)(i) but not the amount specified in regulation 3(1)(c)(ii)". (12) In regulation 23(2) (person caring for children of more than one absent parent) for ", (c) or (d)" there shall be substituted "or (c)". (13) In regulation 26(1)(b)(ii) (cases where child support maintenance is not to be payable) for "11(1)(f)" there shall be substituted "11(1)(c) or (f)". (14) In regulation 28(1)(b) (amount payable where absent parent is in receipt of income support or other prescribed benefit) for "3" there shall be substituted "3(a) or (b)". (15) In Schedule 1 (calculation of N and M)—
8. In regulation 59(1)(d) of the Social Security (Adjudication) Regulations (Northern Ireland) 1995[18] (review of decisions involving payment or increase of child benefit) for "12" there shall be substituted "six".
9.—(1) The Jobseeker's Allowance Regulations shall be amended in accordance with paragraphs (2) to (6). (2) In regulation 105(2) (notional income)—
(3) In regulation 121 (period over which payments other than periodical payments are to be taken into account) in paragraphs (1)(b)(ii) and (2)(b) "and lone parent" shall be omitted. (4) In Schedule 1 (applicable amounts)—
(5) In column (2) of paragraph 9 of Schedule 4 (applicable amounts for lone parents who are in residential accommodation temporarily) in sub-paragraph (b), "or (e) in so far as that amount relates to the lone parent premium under paragraph 9 of Schedule 1" shall be omitted. (6) In paragraph 6 of Schedule 5 (sums to be disregarded in the calculation of earnings) for "lone parent premium under" there shall be substituted "family premium under paragraph 4(a) of".
10. Where an applicant for a review of a decision relating to child benefit—
11. A maintenance assessment in force on 7th April 1997 shall not be reviewed solely to give effect to regulation 7 but on a review of that assessment under Article 18, 19 or 20 of the Child Support (Northern Ireland) Order 1991[19], that regulation shall have effect from and including the effective date of any fresh maintenance assessment made following that review, or from and including the first day of the first maintenance period which commences on or after 7th April 1997, whichever is the later.
12. The regulations specified in column (1) of the Schedule are revoked to the extent mentioned in column (3).
Notes: [1] S.I. 1991/2628 (N.I. 23) back [4] S.I. 1995/2705 (N.I. 15) back [5] See section 141(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 back [6] S.R. 1979 No. 5; relevant amending regulations are S.R. 1984 No. 78 back [7] S.R. 1976 No. 223; relevant amending provisions are S.R. 1977 No. 248, S.R. 1980 No. 37, S.R. 1991 No. 82, S.R. 1993 No. 169 and S.R. 1996 No. 73 back [8] S.R. 1987 No. 459; relevant amending provisions are S.R. 1988 Nos. 146, 318 and 431, S.R. 1989 No. 139, S.R. 1990 Nos. 131 and 346, S.R. 1992 No. 147, S.R. 1993 No. 149, S.R. 1995 No. 367 and S.R. 1996 No. 73 back [9] S.R. 1996 No. 198 back [10] 1954 c. 33 (N.I.) back [11] Paragraphs (2ZA) and (2ZB) were inserted by regulation 2(b) of S.R. 1991 No. 82 back [12] Paragraph (2A) was inserted by regulation 2(c) of S.R. 1980 No. 37 back [13] S.R. 1979 No. 242; relevant amending regulations are S.R. 1991 No. 88, S.R. 1992 No. 116 and S.R. 1993 No. 169 back [14] Paragraphs (2A) to (2C) were inserted by regulation 2(4)(b) of S.R. 1995 No. 367 back [15] Paragraph 10C was inserted by regulation 19(c) of S.R. 1988 No. 431 and amended by regulation 19(e) of S.R. 1990 No. 131, paragraph 1(6)(b)(ii) of Schedule 1 to S.R. 1993 No. 149 and Article 18(1) of S.R. 1996 No. 73 back [16] S.R. 1987 No. 465; relevant amending regulations are S.R. 1989 No. 40 and S.R. 1992 Nos. 7 and 83 back [17] S.R. 1992 No. 341; relevant amending regulations are S.R. 1993 No. 164, S.R. 1994 Nos. 37 and 65 and S.R. 1995 Nos. 162 and 475 back [18] S.R. 1995 No. 293; relevant amending regulations are S.R. 1996 No. 57 back |
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