
1 

(1) These Regulations may be cited as the Social Security (Capital Limits and Earnings Disregards Amendment) Regulations (Northern Ireland) 2000 and shall come into operation—
(a) for the purposes of this regulation on 1st April 2001;
(b) for the purposes of regulation 2(3) and for the purposes of regulation 3 and 4 and paragraph 1 of the Schedule (in so far as those regulations and that paragraph relate to housing benefit)—
(i) in a case where rent or rates are payable at intervals of a whole number of weeks, on 2nd April 2001, and
(ii) in any other case, on 1st April 2001;
(c) for all other purposes, on 9th April 2001.
(2) Regulation 2(1) shall, in relation to any particular claimant for income support, have effect from the first day of the first benefit week to commence for that claimant on or after the 9th April 2001 and in this paragraph “benefit week” and “claimant” shall have the same meanings as in regulation 2(1) of the Income Support Regulations.
(3) Regulation 2(2) shall, in relation to any particular claimant for a jobseeker’s allowance, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph “benefit week” shall have the same meaning as in regulation 1(2) of the Jobseeker’s Allowance Regulations.
(4) In these Regulations—
 “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987;
 “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987;
 “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996.
(5) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
2 

(1) In the Income Support Regulations––
(a) in regulation 41(1) (capital treated as income), after “£8,000” there shall be inserted “or, in a case where regulation 45(aa) (capital limit) applies, £12,000”;
(b) in regulation 45 (capital limit)—
(i) in paragraph (a) after “paragraph” there shall be inserted “(aa) or”;
(ii) after paragraph (a) there shall be inserted the following paragraph—“
(aa) where the circumstances prescribed in regulation 53(1ZA) (calculation of tariff income from capital) apply in the claimant’s case, the prescribed amount is £12,000;”;
(c) in regulation 53 (calculation of tariff income from capital)—
(i) in paragraph (1), after “paragraph” there shall be inserted “(1ZA) or”;
(ii) after paragraph (1) there shall be inserted the following paragraph—“
(1ZA) Where the claimant—
(a) is aged 60 or over or has a partner who is aged 60 or over;
(b) is not a person to whom the circumstances prescribed in paragraph (1B) apply, and
(c) has capital which, calculated in accordance with this Part, exceeds £6,000,
that capital shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £12,000.”;
(iii) in both paragraph (2) and (3) after “(1)” there shall be inserted “, (1ZA)”.
(2) In the Jobseeker’s Allowance Regulations—
(a) in regulation 104(1) (capital treated as income), after “£8,000” there shall be inserted “or, in a case where regulation 107(aa) (capital limit) applies, £12,000”;
(b) in regulation 107 (capital limit)—
(i) in paragraph (a) after “paragraph” there shall be inserted “(aa) or”;
(ii) after paragraph (a) there shall be inserted the following paragraph—“
(aa) where the circumstances prescribed in regulation 116(1ZA) (calculation of tariff income from capital) apply in the claimant’s case, the prescribed amount is £12,000;”;
(c) in regulation 116 (calculation of tariff income from capital)—
(i) in paragraph (1), after “paragraph” there shall be inserted “(1ZA) or”;
(ii) after paragraph (1) there shall be inserted the following paragraph—“
(1ZA) Where the claimant—
(a) is aged 60 or over or has a partner who is aged 60 or over;
(b) is not a person to whom the circumstances prescribed in paragraph (1B) apply, and
(c) has capital which, calculated in accordance with this Part, exceeds £6,000,
that capital shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £12,000.”;
(iii) in both paragraphs (2) and (3), after “(1)” there shall be inserted “, (1ZA)”.
(3) In regulation 45 of the Housing Benefit Regulations (calculation of tariff income from capital)—
(a) in paragraph (1), after “paragraph” there shall be inserted “(1ZA) or”;
(b) after paragraph (1) there shall be inserted the following paragraph—“
(1ZA) Where the claimant—
(a) is aged 60 or over or has a partner who is aged 60 or over;
(b) is not a person to whom the circumstances prescribed in paragraph (1B) apply, and
(c) has capital which, calculated in accordance with this Part, exceeds £6,000,
that capital shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £16,000.”;
(c) in both paragraphs (2) and (3), after “(1)” there shall be inserted “, (1ZA)”.
3 
In each of the provisions specified in the Schedule (which relate to sums to be disregarded in the calculations of earnings) but subject to regulation 4, for “£15”, wherever it appears, there shall be substituted “£20”.
4 
Paragraph 3(4)(c) of Schedule 3 to the Housing Benefit Regulations, paragraph 4(4)(c) of Schedule 8 to the Income Support Regulations and paragraph 5(4)(c) of Schedule 5 to the Jobseeker’s Allowance Regulations shall have effect as if regulation 3 had not been made in a case where the claimant was entitled, by virtue of sub-paragraph (2) or (3) of those paragraphs as in operation immediately before the coming into operation of these Regulations, to a disregard of £15.
Sealed with the Official Seal of the Department for Social Development on 20th November 2000.
John O'Neill
Senior Officer of the
Department for Social Development
The Department of Finance and Personnel hereby consents to regulations 2(3), 3 and 4 of, and paragraph 1 of the Schedule to, the foregoing Regulations.Sealed with the Official Seal of the Department of Finance and Personnel on 23rd November 2000.
Brian Delaney
Senior Officer of the
Department of Finance and Personnel

SCHEDULE
Regulation 3
1 
In Schedule 3 to the Housing Benefit Regulations—
(a) paragraph 3;
(b) paragraph 4A;
(c) paragraph 4B;
(d) paragraph 6;
(e) paragraph 7;
(f) paragraph 14.
2 
In Schedule 8 to the Income Support Regulations—
(a) paragraph 4;
(b) paragraph 5;
(c) paragraph 6A;
(d) paragraph 6B;
(e) paragraph 7;
(f) paragraph 8;
(g) paragraph 15.
3 
In the Jobseeker’s Allowance Regulations—
(a) regulation 163(3) (calculation of earnings) in so far as it substitutes regulation 101(4)(a) and (5)(a) and (b) (calculation of net profit for self-employed earners);
(b) in Schedule 5—
(i) paragraph 5;
(ii) paragraph 6;
(iii) paragraph 7;
(iv) paragraph 8;
(v) paragraph 9;
(vi) paragraph 10;
(vii) paragraph 18;
(c) in Schedule 5A—
(i) paragraph 1;
(ii) paragraph 2;
(iii) paragraph 3;
(iv) paragraph 4.