Legalize
Legalize / United Kingdom / Northern Ireland / Ni-Statutory-Rule

The Income-Related Benefits and Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 1997

Type Ni-Statutory-Rule
Publication 1997-07-10
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API

Made: 10th July 1997

Coming into operation: 18th August 1997

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 122(1), 132(3), (4)(b) and (c) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00001] and Articles 14(1) and (4)(b) and (c) and 36 of the Jobseekers (Northern Ireland) Order 1995[^f00002] and of all other powers enabling it in that behalf, with the consent of the Department of the Environment for Northern Ireland[^f00003] in so far as relates to regulations 2(1) and (2)(b) and 3(1) and (2)(b) of these Regulations, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[^f00004], hereby makes the following Regulations:

Citation, commencement and interpretation

1

Income Support, Housing Benefit, Family Credit, Disability Working Allowance and Jobseeker’s Allowance: interpretation

2

  • “the Children Order” means the Children (Northern Ireland) Order 1995;

Income Support, Housing Benefit, Family Credit, Disability Working Allowance and Jobseeker’s Allowance: sums to be disregarded in the calculation of income other than earnings

3

(c) which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, the Children Order (contribution by an authority to child’s maintenance); (d) which is a payment made by a local authority, as defined in section 107 of the Children Act 1975[^f00011], in pursuance of section 50 of the Children Act 1975 (contributions to a custodian towards the cost of the accommodation and maintenance of a child); (e) which is a payment made by a local authority, as defined in section 105 of the Children Act 1989[^f00012], in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order),

Income Support and Jobseeker’s Allowance: income treated as capital

4

(8) Any payment made by an authority, as defined in Article 2 of the Children Order, which represents arrears of payments under Article 15 of, and paragraph 17 of Schedule 1 to, the Children Order (contribution by an authority to child’s maintenance) or any payment made by a local authority, as defined in section 107 of the Children Act 1975, which represents arrears of payments under section 50 of the Children Act 1975 (contributions to a custodian towards the cost of accommodation and maintenance of a child) or any payment made by a local authority, as defined in section 105 of the Children Act 1989, which represents arrears of payments under paragraph 15 of Schedule 1 to the Children Act 1989 (power of a local authority to make contributions to a person with whom a child lives as a result of a residence order) shall be treated as capital.

Signed

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

John O'Neill — Assistant Secretary — 10th July 1997.

The Department of the Environment for Northern Ireland hereby consents to regulations 2(1) and (2)(b) and 3(1) and (2)(b) of the foregoing Regulations.

Sealed with the Official Seal of the Department of the Environment for Northern Ireland on

Cynthia D. Doake — Assistant Secretary — 11th July 1997.

Explanatory note

(This note is not part of the Regulations.)

These Regulations further amend the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Family Credit (General) Regulations (Northern Ireland) 1987, the Disability Working Allowance (General) Regulations (Northern Ireland) 1992 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 to provide for the partial disregard of contributions made by an authority to a child’s maintenance under Article 15 of, and paragraph 17 of Schedule 1 to, the Children (Northern Ireland) Order 1995 and, for income support and jobseeker’s allowance, provide for the treatment of arrears of such contributions as capital.

Footnotes

[^f00001]: 1992 c. 7

[^f00002]: S.I. 1995/2705 (N.I. 15)

[^f00003]: See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8))

[^f00004]: See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

[^f00005]: S.R. 1987 No. 459; relevant amending Regulations are S.R. 1989 No. 366

[^f00006]: S.R. 1987 No. 461; relevant amending Regulations are S.R. 1989 No. 366

[^f00007]: S.R. 1987 No. 463; relevant amending Regulations are S.R. 1989 No. 366

[^f00008]: S.R. 1992 No. 78, to which there are amendments not relevant to these Regulations

[^f00009]: S.R. 1996 No. 198, to which there are amendments not relevant to these Regulations

[^f00010]: 1954 c. 33 (N.I.)

[^f00011]: 1975 c. 72

[^f00012]: 1989 c. 41

[^f00013]: Paragraph 25(1) was substituted by regulation 4 of S.R. 1989 No. 366

[^f00014]: Paragraph 25(1) was substituted by regulation 3 of S.R. 1989 No. 366

[^f00015]: Paragraph 22(1) was substituted by regulation 2 of S.R. 1989 No. 366

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.