The Children (Leaving Care) (2002 Act) (Commencement No. 2 and Consequential Provisions) Order (Northern Ireland) 2005

Article 3(2)

SCHEDULE 1AMENDMENTS TO THE INCOME SUPPORT (GENERAL) REGULATIONS (NORTHERN IRELAND) 1987

1.  In regulation 4ZA(1) (prescribed categories of person) after paragraph (3) there shall be inserted the following paragraph –

“(3A) Paragraph (1) does not apply to a person to whom section 6 of the Children (Leaving Care) Act (Northern Ireland) 2002 (exclusion from benefits) applies.”.

2.  In regulation 14 (persons of a prescribed description) for paragraph 2(2) there shall be substituted the following paragraph –

“(2) Paragraph (1) shall not apply to a person who is –

(a)receiving advanced education within the meaning of regulation 12(2)(3) (relevant education);

(b)entitled to income support or would, but for section 130(2) (provision against dual entitlement of members of family) of the Contributions and Benefits Act, be so entitled; or

(c)a person to whom section 6 of the Children (Leaving Care) Act (Northern Ireland) 2002(4) (exclusion from benefits) applies.”.

3.—(a) In each of the provisions specified in sub-paragraph (b) for “Article 18, 35 or 36” there shall be substituted “Article 18, 34C, 34D or 35A”(5);

(b)The provisions specified for the purposes of sub-paragraph (a) (which relates to references to Articles 18, 35 or 36 of the Children Order(6)) are –

(i)paragraph 28(7) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings);

(ii)paragraph 17(8) of Schedule 10 (capital to be disregarded).

Article 3(3)

SCHEDULE 2AMENDMENTS TO THE HOUSING BENEFIT (GENERAL) REGULATIONS (NORTHERN IRELAND) 1987

1.  In regulation 13 (persons of a prescribed description) for paragraph 2(9) there shall be substituted the following paragraph –

“(2) Paragraph (1) shall not apply to a person who is –

(a)on income support or an income-based jobseeker’s allowance;

(b)receiving advanced education within the meaning of regulation 12(2) of the Income Support (General) Regulations (Northern Ireland) 1987 (relevant education); or

(c)a person to whom section 6 of the Children (Leaving Care) Act (Northern Ireland) 2002 (exclusion from benefits) applies.”.

2.—(a) In each of the provisions specified in sub-paragraph (b) for “Article 18, 35 or 36” there shall be substituted “Article 18, 34C, 34D or 35A”;

(b)The provisions specified for the purposes of sub-paragraph (a) (which relates to references to Articles 18, 35 or 36 of the Children Order) are –

(i)paragraph 28(10) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings);

(ii)paragraph 18(11) of Schedule 5 (capital to be disregarded).

Article 3(4)

SCHEDULE 3AMENDMENTS TO THE JOBSEEKER'S ALLOWANCE REGULATIONS (NORTHERN IRELAND) 1996

1.  In regulation 57 (interpretation of Part IV) in paragraph (1), for the definition of “young person” there shall be substituted the following definition –

• ““young person”(12) means a person –

  (a)

  who has reached the age of 16 but not the age of 18;

  (b)

  who does not satisfy the conditions in Article 4 of the Order or whose entitlement to a contribution-based jobseeker’s allowance has ceased as a result of Article 7(1); and

  (c)

  who is not a person to whom section 6 of the Children (Leaving Care) Act (Northern Ireland) 2002 (exclusion from benefits) applies.”.

2.  In regulation 76(2)(c) (persons of a prescribed description), for “so entitled.” there shall be substituted –

• “so entitled, or

  (d)

  a person to whom section 6 of the Children (Leaving Care) Act (Northern Ireland) 2002 (exclusion from benefits) applies.”.

3.—(a) In each of the provisions specified in sub-paragraph (b) for “Article 18, 35 or 36” there shall be substituted “Article 18, 34C, 34D or 35A”;

(b)The provisions specified for the purposes of sub-paragraph (a) (which relates to references to Articles 18, 35 or 36) are –

(i)paragraph 29 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings);

(ii)paragraph 22 of Schedule 7 (capital to be disregarded).