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

Amendment of the Housing Benefit Regulations

6.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(1) are amended in accordance with paragraphs (2) to (6).

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

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

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

(b)after the definition of “self-employment route” 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) After regulation 32(2)(c) (earnings of employed earners) insert—

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

(4) In regulation 39 (notional income)—

(a)after paragraph (2)(f)(2) insert—

“(g)any sum to which paragraph (12A) applies;”; and

(b)after paragraph (12) insert—

“(12A) Paragraphs (1), (2), (6) and (9) shall not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the claimant’s participation in a service user group.”.

(5) In Schedule 5 (sums to be disregarded in the calculation of earnings)—

(a)for paragraph 1(b)(i)(3) substitute—

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

(aa)regulation 32(1)(e), or

(bb)Article 60, 96 or 100 of the Employment Rights (Northern Ireland) Order 1996(4) (guarantee payments, suspension from work on medical or maternity grounds); and”;

(b)in paragraphs 1(c) and 2(b)(ii) for “regulation 32(1)(e), (i) or (j) in so far as it relates to regulation 32(1)(i))” substitute “paragraph 1(b)(i) or (ii)(bb) or regulation 32(1)(i) or (j) in so far as it relates to regulation 32(1)(i))”; and

(c)in paragraph 2(b)(i) for “regulation 32(1)(e)” substitute “paragraph 1(b)(i) or (ii)(bb)”.

(6) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a)after paragraph 2 insert—

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

(b)in paragraph 15(d)(5)—

(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”, and

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

(c)before paragraph 26(1)(e)(6) insert—

“(da)“which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989(7) (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order) or in Scotland section 50 of the Children Act 1975(8) (payments towards maintenance of children);”; and

(d)for paragraph 49A(9) substitute—

“49A.—(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” means a person listed in regulation 54 (interpretation) of the Income Support (General) Regulations (Northern Ireland) 1987(12), other than a person falling within sub-paragraph (d) of that definition.”.