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

Made: 29th June 2005

The Department for Social Development, in exercise of the powers conferred on it by section 9(3) and (4) of the Children (Leaving Care) Act (Northern Ireland) 2002[^f00001] and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation

1

This Order may be cited as the Children (Leaving Care) (2002 Act) (Commencement No. 2 and Consequential Provisions) Order (Northern Ireland) 2005.

Appointed day

2

The day appointed for the coming into operation of section 6 (exclusion from benefits) of the Children (Leaving Care) Act (Northern Ireland) 2002 is –

• (a) 30th June 2005 for the purpose only of making Regulations; and

• (b) 1st September 2005 for all other purposes.

Consequential amendments

3

• (1) The consequential amendments effected by this Order shall take effect as from 1st September 2005.

• (2) The Income Support (General) Regulations (Northern Ireland) 1987[^f00002] shall be amended in accordance with Schedule 1.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00004] shall be amended in accordance with Schedule 3.

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

1

In regulation 4ZA[^f00005] (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[^f00006] 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)[^f00007] (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[^f00008] (exclusion from benefits) applies.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3 — AMENDMENTS 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”[^f00016] means a person – who has reached the age of 16 but not the age of 18; 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 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 a person to whom section 6 of the Children (Leaving Care) Act (Northern Ireland) 2002 (exclusion from benefits) applies.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Sealed with the Official Seal of the Department for Social Development on 29th June 2005.

John O'Neill — A senior officer of the — Department for Social Development

Explanatory note

(This note is not part of the Order.)

This Order provides that section 6 (exclusion from benefits) of the Children (Leaving Care) Act (Northern Ireland) 2002 shall come into operation on 30th June 2005 for the purpose of making Regulations and on 1st September 2005 for all other purposes.

Article 3 and Schedules 1 to 3 make consequential amendments to the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996. Those amendments take effect from 1st September 2005.

The consequential amendment Regulations in Schedules 1 to 3 make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

This Order does not impose a charge on business.

Footnotes

[^f00001]: 2002 c. 11

[^f00002]: S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 No. 146, S.R. 1989 No. 249, S.R. 1990 No. 131, S.R. 1992 No. 403, S.R. 1993 No. 373, S.R. 1996 No. 199, S.R. 1997 No. 412, S.R. 1998 No. 2, S.R. 2000 No. 71 and S.R. 2003 No. 1

[^f00004]: S.R. 1996 No. 198; relevant amending Regulations are S.R. 1996 No. 356

[^f00005]: Paragraph 4ZA was inserted by regulation 4 of S.R. 1996 No. 199 and amended by regulation 5(2) of S.R. 1997 No. 412; regulation 5(3) of S.R. 2000 No. 71 and the Schedule to, S.R. 2000 No. 241

[^f00007]: Regulation 12 was substituted by regulation 5 of S.R. 1990 No. 131 and amended by regulation 4(4) of S.R. 1992 No. 403 and regulation 4(4) of S.R. 1993 No. 373

[^f00016]: The definition of “young person” was substituted by regulation 3 of S.R. 1996 No. 356

Editorial notes

[^key-d9c3e5cd7207b3c138e1e842f650b212]: Art. 1 in operation at made date

[^key-31f1211fb6905d888374ca7ff6c6e1fd]: Art. 2 in operation at made date

[^key-79d9f6df76ada5e8afec418aa4eb8679]: Art. 3 in operation at made date

[^key-6c3bcdc22557d0055fa86413fc1be9fb]: Sch. 1 para. 1 in operation at made date

[^key-5fa2674e09387f738d715a4de11a3876]: Sch. 1 para. 2 in operation at made date

[^key-f40358afbb626fe4d00da06775672ae9]: Sch. 3 para. 1 in operation at made date

[^key-13616fc890f12fa82f4313178835c420]: Sch. 3 para. 2 in operation at made date

[^key-f54cf27bf18d1d986bcbfc9ee31e0979]: Sch. 2 revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)

[^key-ee4ac8e19a5348d96eeec35140d223ef]: Art. 3(3) revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)

[^key-fb8550e9e55a7a11934c1a4147ae012d]: Sch. 1 para. 3 revoked (14.4.2008) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/112), regs. 1(1), 7, Sch.

[^key-67485099008180a55b9526293657a1b7]: Sch. 3 para. 3 revoked (14.4.2008) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/112), regs. 1(1), 7, Sch.