The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009

Amendment of the Income Support (General) Regulations

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (16).

(2) In regulation 2(1) (interpretation)—

(a)after the definition of “polygamous marriage”(1) insert—

““public authority” has the meaning given in section 75(3) of the Northern Ireland Act 1998(2);”; and

(b)after the definition of “self-employment route”(3) insert—

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

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 13 (circumstances in which persons in relevant education are to be entitled to income support) omit paragraph (3)(b)(ii)(8).

(4) In the headings to regulations 25 (child maintenance or liable relative payments), 55 (treatment of child maintenance or liable relative payments), 58 (calculation of the weekly amount of a child maintenance or liable relative payment) and 59(9) (date on which a child maintenance or liable relative payment is to be treated as paid) omit “child maintenance or”.

(5) In regulation 25(10) and the heading to Chapter VII of Part V(11) (child maintenance and liable relative payments) omit “child maintenance and”.

(6) After regulation 35(2)(e)(12) (earnings of employed earners) add—

“(f)any payment in respect of expenses arising out of the claimant’s participation in a service user group.”.

(7) In regulation 40(1)(13) (calculation of income other than earnings) after “earnings)” insert “and regulation 31(3)(14) and (4)(15) (date on which income is treated as paid)”.

(8) In regulation 42 (notional income)—

(a)after paragraph (2)(g)(16) insert—

“(ga)any sum to which paragraph (8ZA) applies;”; and

(b)after paragraph (8)(17) add—

“(8ZA) Paragraphs (1), (2), (3), (4), (5) and (6) shall not apply in respect of a payment of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.”.

(9) In regulation 54 (interpretation)—

(a)omit the definition of “child maintenance”(18);

(b)in the definition of “payment”(19)—

(i)in paragraph (e)(i) for “family” substitute “partner or is made or derived from a person falling within paragraph (d) of the definition of liable relative”, and

(ii)after paragraph (h) insert—

“(i)to which paragraph 69 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) applies.”; and

(c)in paragraph (c) of the definition of “periodical payment”(20) omit “, after the appropriate disregard under paragraph 69 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) has been applied to it,”.

(10) In regulation 55(21) (treatment of child maintenance or liable relative payments) omit “and paragraph 69 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings)”.

(11) In regulation 57(22) (period over which payments other than periodical payments are to be taken into account)—

(a)in paragraph (3) omit sub-paragraph (b) and the preceding “and”; and

(b)in paragraph (10) omit “and, where applicable, the maximum disregard under paragraph 69 of Schedule 9”.

(12) In regulation 61(1) (interpretation) in the definition of “access funds”(23)—

(a)in paragraph (b) for “7” substitute “68”; and

(b)omit “and described as “learner support funds” or grants made under section 68 of that Act”.

(13) In Schedule 1B(24) (prescribed categories of person)—

(a)after paragraph 2 insert—

“Single persons looking after children placed with them prior to adoption

2A.  A single claimant or a lone parent with whom a child is placed for adoption pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 1989(25).”; and

(b)in paragraph 15A(26)—

(i)for the heading substitute—

“Persons under 21 with no parents, or living away from their parents, undertaking full-time, non-advanced education”, and

(ii)for sub-paragraph (1) substitute—

“(1) A person who satisfies the following conditions.”.

(14) In Schedule 3(27) (housing costs)—

(a)after paragraph 3(13)(b) (circumstances in which a person is to be treated as occupying a dwelling as his home) insert—

“(ba)“period of study” has the meaning given in regulation 61(1) (interpretation);”; and

(b)in paragraph 14(2)(28) (linking rule) for “has ceased” substitute “ceases on or before 11 April 2010”.

(15) In Schedule 8 (sums to be disregarded in the calculation of earnings)—

(a)in paragraphs 1(1)(b)(29) for “regulation 35(1)(e) or (i) (in so far as it applies to regulation 35(1)(e))” substitute “sub-paragraph (2)(a) or (b)(ii)”;

(b)for paragraph 1(2)(a) substitute—

“(a)any payment of the nature described in—

(i)regulation 35(1)(e) or (i) (in so far as it applies to regulation 35(1)(e)), or

(ii)Article 60, 96 or 100 of the Employment Rights (Northern Ireland) Order 1996(30) (guarantee payments, suspension from work on medical or maternity grounds); and”; and

(c)in paragraph 2(1) for “regulation 35(1)(e) or (i) (in so far as it applies to regulation 35(1)(e))” substitute “paragraph 1(2)(a) or (b)(ii)”.

(16) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a)after paragraph 2(31) insert—

“2A.  Any payment in respect of expenses arising out of the claimant’s participation in a service user group.”;

(b)in paragraph 16(cc)(32)—

(i)for “payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005” substitute “pension or payment falling within Article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005(33)”;

(ii)for “the pension payable under either of those schemes” substitute “that pension or payment”, and

(iii)for “aggregate with the” substitute “aggregate with any”;

(c)before paragraph 25(1)(e)(34) insert—

“(da)which is a payment made by a local authority in Scotland in pursuance of section 50 of the Children Act 1975(35) (payments towards maintenance of children);”; and

(d)for paragraph 69(36) substitute—

“69.—(1) Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.

(2) In paragraph (1)—

“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—

“liable relative” has the meaning given in regulation 54 (interpretation), other than a person falling within paragraph (d) of that definition.”.