2002 No. 128
The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2002
Made
Coming into operation
The Department for Social Development, in exercise of the powers conferred on it by sections 122(1)(a) and (d), 131(1), 132(3) and (4)(b) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, and Articles 6(5), 14(1) and (4)(b) and 36(2) of the Jobseekers (Northern Ireland) Order 19952, and now vested in it3, and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel4 in so far as regulation 3 is concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of those regulations should not be referred to it5, hereby makes the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 and shall come into operation on 8th April 2002.
2
3
The Interpretation Act (Northern Ireland) 19548 shall apply to these Regulations as it applies to an Act of the Assembly.
Income Support: income disregard2
1
The Income Support Regulations shall be amended in accordance with paragraphs (2) to (5).
2
In regulation 2(1) (interpretation) after the definition of “voluntary organisation”9 there shall be inserted the following definition—
“war widower’s pension” means any widower’s pension or allowance granted in respect of a death due to service or war injury and payable by virtue of the Air Force (Constitution) Act 191710, the Personal Injuries (Emergency Provisions) Act 193911, the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 193912, the Polish Resettlement Act 194713 or Part VII or section 151 of the Reserve Forces Act 198014 or a pension or allowance for a widower granted under any scheme mentioned in section 315(2)(e) of the Income and Corporation Taxes Act 198815;
3
In regulation 42(4)(a)(i)16 (notional income) after “war widow’s pension” there shall be inserted “or war widower’s pension” and after “widow” there shall be inserted “or widower”.
4
In regulation 51(3)(a)(i)17 (notional capital) after “war widow’s pension” there shall be inserted “or war widower’s pension” and after “widow” there shall be inserted “or widower”.
5
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—
a
in paragraph 16(b)18 after “pension” there shall be inserted “or war widower’s pension”;
b
in paragraph 16(c) after “widow” there shall be inserted “or widower”;
c
in paragraphs 54 and 5519 after “widows” there shall be inserted “or widowers”;
d
in paragraph 56(1)(a)20 after “widow” there shall be inserted “or widower”, and
e
in paragraph 56(1)(b) after “widows” there shall be inserted “or widowers”.
Housing Benefit: income disregard3
1
The Housing Benefit (General) Regulations (Northern Ireland) 198721 shall be amended in accordance with paragraphs (2) and (3).
2
In regulation 2(1) (interpretation) after the definition of “voluntary organisation”22 there shall be inserted the following definition—
“war widower’s pension” means any widower’s pension or allowance granted in respect of a death due to service or war injury and payable by virtue of the Air Force (Constitution) Act 1917, the Personal Injuries (Emergency Provisions) Act 1939, the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, the Polish Resettlement Act 1947 or Part VII or section 151 of the Reserve Forces Act 1980 or a pension or allowance for a widower granted under any scheme mentioned in section 315(2)(e) of the Income and Corporation Taxes Act 1988;
3
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—
a
in paragraph 13(b)23 after “pension” there shall be inserted “or war widower’s pension”;
b
in paragraph 13(c) after “widow” there shall be inserted “or widower”;
c
in paragraphs 56 and 5724 after “widows” there shall be inserted “or widowers”;
d
in paragraph 58(1)(a)25 after “widow” there shall be inserted “or widower”, and
e
in paragraph 58(1)(b) after “widows” there shall be inserted “or widowers”.
Jobseeker’s Allowance: income disregard4
1
The Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) to (5).
2
In regulation 1(2) (interpretation) after the definition of “war widow’s pension” there shall be inserted the following definition—
“war widower’s pension” means a pension payable to a man as a widower under any of the enactments mentioned in the definition of “war disablement pension” in respect of death or disablement of any person;
3
In regulation 105(10)(a)(i)26 (notional income) after “war widows pension” there shall be inserted “or war widower’s pension”.
4
In regulation 113(3)(a)(i)27 (notional capital) after “war widow’s pension” there shall be inserted “or war widower’s pension”.
5
In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—
a
in paragraph 17(b) after “pension” there shall be inserted “or war widower’s pension”;
b
in paragraph 17(c) after “widow” there shall be inserted “or widower”;
c
in paragraphs 53 and 54 after “widows” there shall be inserted “or widowers”;
d
in paragraph 55(1)(a) after “widow” there shall be inserted “or widower”, and
e
in paragraph 55(1)(b) after “widows” there shall be inserted “or widowers”.
Income Support and Jobseeker’s Allowance: housing costs linking rules5
Sealed with the Official Seal of the Department for Social Development on 27th March 2002.
The Department of Finance and Personnel hereby consents to regulation 3 of the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on 27th March 2002.
(This note is not part of the Regulations.)