The Social Security Benefits Up-rating Order (Northern Ireland) 2002

Made: 13th March 2002

Coming into operation in accordance with Article 1(1)

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PART I — INTRODUCTION

Citation and commencement

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Interpretation

2

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PART II — SOCIAL SECURITY BENEFITS AND PENSIONS

Rates or amounts of certain benefits under the Contributions and Benefits Act

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Rates or amounts of certain pensions or allowances under the Contributions and Benefits Act

4

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Rates or amounts of certain benefits under the Pension Schemes Act

5

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Dates on which sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order

6

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Workmen’s compensation

7

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Earnings limits

8

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Statutory sick pay

9

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Statutory maternity pay

10

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Graduated retirement benefit

11

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Disability living allowance

12

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Child benefit

13

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Age addition to long-term incapacity benefit

14

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Transitional invalidity allowance in long-term incapacity benefit cases

15

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PART III — INCOME SUPPORT AND HOUSING BENEFIT

Applicable amounts for income support

16

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Income support transitional protection

17

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Relevant sum for income support

18

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Housing benefit

19

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PART IV — JOBSEEKER'S ALLOWANCE

Age-related amounts of contribution-based jobseeker’s allowance

20

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Applicable amounts for jobseeker’s allowance

21

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Prescribed sum for jobseeker’s allowance

22

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PART V — REVOCATIONS

Revocations

23

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SCHEDULE 1 — Schedule 4 to the Contributions and Benefits Act as amended by this Order

SCHEDULE 2 — Part I of Schedule 2 to the Income Support Regulations as amended by this Order

SCHEDULE 3 — Part IV of Schedule 2 to the Income Support Regulations as amended by this Order

SCHEDULE 4 — Income Support: Applicable Amounts in Special Cases

Part I — Provisions in Schedule 7 to the Income Support Regulations as amended by this Order

Patients

1

Subject to paragraphs 2, 2A, 3 and 16, a person who has been a patient for a period of more than 6 weeks and who is—

1

2

A single claimant who has been a patient for a continuous period of more than 52 weeks, where—

2

3

Subject to paragraph 16—

3

Single claimants temporarily in accommodation provided by a Health and Social Services Board

10A

A single claimant who is temporarily in accommodation referred to in sub-paragraph (a) or (b) (excluding heads (i) and (ii) of those sub-paragraphs) of the definition of “residential accommodation” in regulation 21(3) (special cases).

10A

£75·50 of which £16·80 is for personal expenses plus any amounts applicable under regulation 17(1)(e), (f) or (g).

Couples and members of polygamous marriages where one member is or all are temporarily in accommodation provided by a Health and Social Services Board

10B

—

• (1) A claimant who is a member of a couple and temporarily separated from his partner where one of them is living in the home while the other is in accommodation referred to in sub-paragraph (a) or (b) (excluding heads (i) and (ii) of those sub-paragraphs) of the definition of “residential accommodation” in regulation 21(3).

10B

—

• (1) The aggregate of the amount applicable to the member who remains in the home calculated as if he were a single claimant under regulation 17(1), 19 or 21 and in respect of the other member, £75·50 of which £16·80 is for personal expenses.

Lone parents who are in residential accommodation temporarily

10C

A claimant who is a lone parent who has entered residential accommodation temporarily.

10C

£75·50 of which £16·80 is for personal expenses plus—

• (a) in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) of Schedule 2 or under this Schedule as appropriate; and

• (b) any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 17(1)(c), (e), (f) or (g).

Persons in residential accommodation

13

—

• (1) Subject to sub-paragraph (2), a person in, or only temporarily absent from, residential accommodation who is—

• (a) a single claimant;

13

—

• (1) Any amount applicable under regulation 17(1)(f) or (g) or 18(1)(g) or(h), plus—

• (a) £75·50 of which £16·80 is for personal expenses;

Part II — Other sums specified in Schedule 7 to the Income Support Regulations

7

Members of religious orders

8

Prisoners

15

Persons from abroad

SCHEDULE 5 — Other applicable amounts specified in the Income Support Regulations

Column (1)	Column (2)
Provisions in Income Support Regulations	Specified Sum
Regulation 22A(1)[^f00074]	Applicable amount to be reduced by a sum equivalent to 20 per cent. of the specified amount.
Regulation 71(1)(a)(i)	90 per cent. of the amount applicable or, as the case may be, of the reduced amount.
Regulation 71(1)(c)(i)	98 per cent. of the applicable amount for persons in residential accommodation.
Regulation 71(1)(d)[^f00075]	90 per cent. of the applicable amount.
Schedule 3[^f00076], paragraph 6(1)(b)	Half the amount which would fall to be met by applying the provisions of sub- paragraph (a).
Schedule 3, paragraph 6(1)(c)	Nil.
Schedule 3, paragraph 7(8)	100 per cent. of the eligible interest.
Schedule 3, paragraph 8(1)(b)	Nil.
Schedule 3, paragraph 10	The weekly amount of housing costs is the amount calculated by the formula $A×B52$
Schedule 3, paragraph 11(5)	£100,000.
Schedule 3, paragraph 11(7)(a)	The alternative appropriate amount shall be calculated using the formula $P×Q.$
Schedule 3, paragraph 11(11)	The qualifying portion of a loan shall be determined by the formula $R×ST$
Schedule 3, paragraph 12(1)(a)	5·34 per cent.
Schedule 3, paragraph 12(2) and (3)	5 per cent.

SCHEDULE 6 — Part I of Schedule 2 to the Housing Benefit Regulations as amended by this Order

SCHEDULE 7 — Part IV of Schedule 2 to the Housing Benefit Regulations as amended by this Order

SCHEDULE 8 — Part I of Schedule 1 to the Jobseeker’s Allowance Regulations as amended by this Order

SCHEDULE 9 — Part IV of Schedule 1 to the Jobseeker’s Allowance Regulations as amended by this Order

SCHEDULE 10 — Part IVB of Schedule 1 to the Jobseeker’s Allowance Regulations as amended by this Order

SCHEDULE 11 — Jobseeker’s Allowance: Applicable Amounts in Special Cases

Part I — Provisions in Schedule 4 to the Jobseeker’s Allowance Regulations as amended by this Order

Person other than claimant who is a patient

1

Subject to paragraphs 2, 15 and 17, a person who has been a patient for more than 6 weeks and who is—

1

2

• (a) A claimant who is not a patient and who is a member of a family of which another member is a child or young person who has been a patient for a period of more than 12 weeks, or

2

• (a) The amount applicable to him under regulation 83 or 84 except that the amount applicable under regulation 83(b) or 84(1)(c) in respect of the child or young person referred to in column (1) shall be £15·10 instead of an amount determined in accordance with paragraph 2 of Schedule 1, or

Single claimants temporarily in accommodation provided by a Health and Social Services Board or an HSS trust

7

A single claimant who is temporarily in accommodation provided by a Health and Social Services Board or an HSS trust of a kind specified in the definition of residential accommodation in regulation 85 (special cases).

7

£75·50 of which £16·80 is for personal expenses plus any amounts applicable under regulations 83(f) and 87(2) and (3).

Couples and members of polygamous marriages where one member is or all are temporarily in accommodation provided by a Health and Social Services Board or an HSS trust

8

—

• (1) A claimant who is a member of a couple and temporarily separated from his partner where one of them is living in the home while the other is in accommodation provided by a Health and Social Services Board or an HSS trust of a kind specified in the definition of residential accommodation in regulation 85.

8

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• (1) The aggregate of the amount applicable for the member who remains in the home calculated as if he were a single claimant under regulation 83, 85 or 86 and in respect of the other member £75·50 of which £16·80 is for personal expenses.

Lone parents who are in residential accommodation temporarily

9

A claimant who is a lone parent who has entered residential accommodation temporarily.

9

£75·50 of which £16·80 is for personal expenses, plus—

• (a) in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d) of Schedule 1 or under this Schedule as appropriate, and

• (b) any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 83(d) or (f) or under regulation 87(2) or (3).

Persons in residential accommodation

15

—

• (1) Subject to sub-paragraph (2), a person in or only temporarily absent from residential accommodation who is—

15

—

• (1) Any amount applicable under regulation 87(2) and (3), plus—

Part II — Other Sums Specified in Schedule 4 to the Jobseeker’s Allowance Regulations

4

Members of religious orders

14

Persons from abroad

SCHEDULE 12 — Jobseeker’s Allowance: Applicable Amounts of Joint-Claim Couples in Special Cases

Provisions in Schedule 4A to the Jobseeker’s Allowance Regulations as amended by this Order

Patients

1

Subject to paragraphs 9 and 11, a joint-claim couple where one member—

1

Members of religious orders

3

A joint-claim couple who are both members of, and fully maintained by, a religious order.

3

Nil.

Joint-claim couples and members of polygamous marriages where one member is or all are temporarily in accommodation provided by a Health and Social Services Board or an HSS trust

6

—

• (1) A joint-claim couple where one member is temporarily separated from the other member where one of them is living in the home while the other is in accommodation provided by a Health and Social Services Board or an HSS trust of a kind specified in the definition of residential accommodation in regulation 85.

6

—

• (1) The aggregate of the amount applicable for the claimant who remains in the home calculated as if he were a single claimant under regulation 83, 85 or 86 and in respect of the other joint- claimant £75·50 of which £16·80 is for personal expenses.

Members of joint-claim couples in residential accommodation

9

—

• (1) Subject to sub-paragraph (2), a joint-claim couple where one member is in or only temporarily absent from residential accommodation.

9

—

• (1) £75·50 of which £16·80 is for personal expenses.

SCHEDULE 13 — Other applicable amounts specified in the Jobseeker’s Allowance Regulations

Column (1)	Column (2)
Provisions in Jobseeker’s Allowance Regulations	Specified Sum
Regulation 145(1)[^f00088]	Applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount.
Regulation 146G(1)[^f00089]	Applicable amount to be reduced by a sum equivalent to 40 per cent. or, as the case may be, 20 per cent. of the specified amount.
Regulation 148(1)(a)(i)[^f00090]	90 per cent. of the amount applicable or, as the case may be, of the reduced amount.
Regulation 148(1)(c)(i)	98 per cent. of the applicable amount for persons in residential accommodation.
Regulation 148(1)(d)	90 per cent. of the applicable amount.
Regulation 148A(1)(a)(i)[^f00091]	90 per cent. of the amount applicable or, as the case may be, of the reduced amount.
Regulation 148A(1)(c)	98 per cent. of the applicable amount forpersons in residential accommodation.
Regulation 148A(1)(d)	90 per cent. of the applicable amount.
Schedule 2, paragraph 6(1)(b)	Half the amount which would fall to be met by applying the provisions of sub- paragraph (a).
Schedule 2, paragraph 6(1)(c)	Nil.
Schedule 2, paragraph 7(1)(b)	Nil.
Schedule 2, paragraph 9[^f00092]	The weekly amount of housing costs is the amount calculated by the formula $A×B52$
Schedule 2, paragraph 10(4)	£100,000.
Schedule 2, paragraph 10(6)(a)	The alternative appropriate amount shall be calculated using the formula $P×Q.$
Schedule 2, paragraph 10(10)	The qualifying portion of a loan shall be determined by the formula $R×ST$
Schedule 2, paragraph 11(2) and (3)	5 per cent.

Signed

Sealed with the Official Seal of the Department for Social Development on 13th March 2002.

John G. Hunter — Senior Officer of the — Department for Social Development

Explanatory note

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Footnotes

[^f00001]: S.I. 2002/668

[^f00002]: 1992 c. 5

[^f00003]: 1992 c. 8; section 132 was amended by paragraph 41 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49) and section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

[^f00004]: See Article 8(b) of S.R. 1999 No. 481

[^f00005]: Section 35A was inserted by Article 50(3) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

[^f00006]: 1992 c. 7

[^f00007]: 1993 c. 49

[^f00008]: S.R. 1996 No. 520

[^f00009]: S.R. 1987 No. 461; relevant amending rules are S.R. 1988 No. 314, S.R. 1992 No. 549, S.R. 1994 No. 83, S.R. 1996 Nos. 84 and 448, S.R. 1997 Nos. 3, 4 and 22, S.R. 1998 Nos. 73 and 112, S.R. 1999 No. 382, S.R. 2000 Nos. 260 and 367 and S.R. 2001 Nos. 41 and 314

[^f00010]: S.R. 1987 No. 459; relevant amending rules are S.R. 1988 Nos. 146, 318 and 431, S.R. 1989 Nos. 139 and 249, S.R. 1990 Nos. 131, 213 and 346, S.R. 1993 No. 149, S.R. 1994 No. 77, S.R. 1995 Nos. 86, 301 and 434, S.R. 1996 Nos. 199, 288 and 476, S.R. 1997 Nos. 3 and 165, S.R. 1998 Nos. 81 and 112, S.R. 1999 Nos. 371(C. 28), 382 and 472 (C. 36), S.R. 2000 Nos. 4, 71, 260 and 367, S.R. 2001 Nos. 41, 314 and 406 and S.R. 2002 No. 58

[^f00011]: S.R. 1996 No. 198; relevant amending rules are S.R. 1996 Nos. 288, 356, 358 and 476, S.R. 1997 No. 3, S.R. 1998 No. 112, S.R. 1999 Nos. 382 and 428 (C. 32), S.R. 2000 Nos. 71, 260, 350 and 367 and S.R. 2001 Nos. 41, 120, 314 and 406

[^f00012]: 1954 c. 33 (N.I.)

[^f00013]: Section 44(4) was substituted by Article 64 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

[^f00014]: Schedule 5 was amended by paragraph 36 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993, paragraph 40 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), paragraph 18(12) to (18) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) and section 35(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)

[^f00015]: 1975 c. 15; section 120 was repealed by Schedule 1 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9)

[^f00016]: S.I. 1986/1888 (N.I. 18); Article 64 was repealed by Schedule 1 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992

[^f00017]: Sections 55A and 55C were inserted by paragraph 3 of Schedule 6 to the Welfare Reform and Pensions (Northern Ireland) Order 1999; section 55A was amended by section 37(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

[^f00018]: See section 132(4) of the Social Security Administration (Northern Ireland) Act 1992 as amended by paragraph 41(c) of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993; see also the Guaranteed Minimum Pensions Increase Order (Northern Ireland) 2002 (S.R. 2002 No. 98)

[^f00019]: Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and amended by paragraph 18(3) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 and paragraph 21 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00020]: Child’s special allowance was abolished except for existing beneficiaries as from 6th April 1987; see section 56(6) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992

[^f00021]: Section 47(1) was amended by paragraph 13 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994; see also regulation 23 of S.R. 1995 No. 35; section 48C was inserted by paragraph 3(1) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 and amended by paragraph 6 of Schedule 8 and paragraph 11 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and section 33(12) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

[^f00022]: Section 71(1) was amended by paragraph 32(2) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

[^f00023]: S.R. 1987 No. 30; relevant amending rule is S.R. 2001 No. 41

[^f00024]: 1966 c. 6 (N.I.); sections 35 and 36 were repealed by the Social Security Act 1973 (c. 38) but are continued in force by regulation 2 of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978 (S.R. 1978 No. 105)

[^f00025]: S.R. 1978 No. 105; relevant amending regulations are S.R. 1989 No. 373

[^f00026]: S.R. 1992 No. 32; relevant amending rules are S.R. 1993 No. 340 and S.R. 2001 No. 41

[^f00027]: S.R. 1976 No. 223; relevant amending rules are S.R. 1977 No. 248, S.R. 1991 No. 82, S.R. 1996 No. 288, S.R. 1998 No. 239 and S.R. 2001 No. 41

[^f00028]: S.R. 1994 No. 461; relevant amending rule is S.R. 2001 No. 41

[^f00029]: S.R. 1995 No. 35; relevant amending rule is S.R. 2001 No. 41

[^f00030]: Paragraph 13A was inserted by regulation 2(c)(ii) of S.R. 2000 No. 367

[^f00031]: Paragraph 3 was amended by regulation 18 of S.R. 1988 No. 318, regulation 5(4)(a) of S.R. 1996 No. 288 and regulation 8 of S.R. 1998 No. 112

[^f00032]: Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301 and paragraph 18 was amended by regulation 2(3)(j) of S.R. 1995 No. 434, regulation 3 of S.R. 1997 No. 3, regulation 3 of S.R. 1997 No. 165 and Article 7(2) of S.R. 1999 No. 472 (C. 36)

[^f00033]: Paragraph 19 was substituted by regulation 4(9)(b) of S.R. 1994 No. 77 and amended by regulation 2(12)(c) of S.R. 1995 No. 86

[^f00034]: S.R. 1987 No. 460; relevant amending regulations are S.R. 1988 Nos. 132 and 153, S.R. 1989 No. 371 and S.R. 1991 No. 341

[^f00035]: Paragraph 13A was inserted by regulation 3(b)(ii) of S.R. 2000 No. 367

[^f00039]: Paragraph 1A was inserted by regulation 7(b) of S.R. 1988 No. 314 and sub-paragraphs (2) and (3) were amended by regulation 14 of S.R. 1997 No. 22

[^f00040]: Part I was substituted by Schedule 1 to S.R. 1998 No. 73 and amended by regulation 2(1)(b) of S.R. 1999 No. 382

[^f00041]: Paragraph 3(1) was amended by regulation 6(a) of S.R. 1997 No. 4 and regulation 5(a) of S.R. 1998 No. 112

[^f00042]: Part IV was substituted by Schedule 2 to S.R. 1998 No. 73 and amended by regulation 4(2)(c) of S.R. 2000 No. 260 and regulation 3(b)(iii) of S.R. 2000 No. 367

[^f00043]: Paragraph 22 was substituted by regulation 11(a) of S.R. 1994 No. 88 and amended by regulation 5 of S.R. 1996 No. 84

[^f00044]: Paragraph 15A was inserted by regulation 4(c)(ii) of S.R. 2000 No. 367

[^f00045]: Paragraph 4 was amended by regulation 9(4)(a) of S.R. 1996 No. 288 and regulation 10 of S.R. 1998 No. 112

[^f00046]: Part IVB was inserted by paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350 and amended by regulation 4(c)(vi) of S.R. 2000 No. 367 and regulation 2(7) of S.R. 2001 No. 120

[^f00048]: Schedule 4A was inserted by paragraph 57 of Schedule 2 to S.R. 2000 No. 350

[^f00049]: S.R. 1996 No. 73

[^f00050]: S.R. 2001 No. 41

[^f00053]: Part II was substituted by Article 51(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999

[^f00066]: S.R. 1987 No. 465; relevant amending regulations are S.R. 1992 No. 7

[^f00068]: S.I. 1986/595 (N.I. 4)

[^f00074]: Regulation 22A was inserted by regulation 13 of S.R. 1996 No. 199 and paragraph (1) was amended by Article 9(2)(a) of S.R. 1999 No. 371 (C. 28) and regulation 4(2)(a) of S.R. 2000 No. 4

[^f00076]: Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301; relevant amending regulations are S.R. 1995 No. 434, S.R. 2001 No. 406 and S.R. 2002 No. 58

[^f00085]: Part IVB was inserted by paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350 and amended by regulation 4(c)(vi) of S.R. 2000 No. 367 and regulation 2(7) of S.R. 2001 No. 120

[^f00087]: Schedule 4A was inserted by paragraph 57 of Schedule 2 to S.R. 2000 No. 350

[^f00088]: Regulation 145(1) was amended by regulation 13(a) of S.R. 1996 No. 356 and regulation 28 of S.R. 1996 No. 358

[^f00089]: Regulation 146G was inserted by regulation 2(3) of S.R. 2000 No. 350

[^f00090]: Regulation 148(1) was amended by regulation 10(6) of S.R. 2000 No. 71 and paragraph 46 of Schedule 2 to S.R. 2000 No. 350

[^f00091]: Regulation 148A was inserted by paragraph 47 of Schedule 2 to S.R. 2000 No. 350

[^f00092]: Paragraph 9 was substituted by regulation 2(2) of S.R. 2001 No. 406

Editorial notes

[^key-4734aba9324d80fcc494189871154f38]: Art. 10 in operation at 8.4.2022 in so far as not already in operation, see art. 1(1)(e)

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