
1 

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009 and subject to paragraphs (2) to (5) shall come into operation on 26th October 2009.
(2) The following provisions shall come into operation, in so far as they relate to a particular claimant, on the first day of the first benefit week to commence for that claimant on or after 26th October 2009—
(a) regulation 2(2), (6), (8), (15) and (16)(a) to (c);
(b) regulation 4(2), (6), (8), (14) and (15)(a) to (d);
(c) regulation 5; and
(d) regulation 8(2), (6), (8) to (10), (17) and (18)(a) to (c).
(3) Regulation 6(2) to (6)(c) and 7 come into operation on 2nd November 2009.
(4) Regulation 6(6)(d) comes into operation—
(a) in relation to any case where rent is payable at intervals of a week or any multiple of whole weeks, on 5th April 2010; and
(b) in any other case on 1st April 2010.
(5) The following provisions come into operation, in so far as they relate to a particular claimant, on the first day of the first benefit week to commence for that claimant on or after 12th April 2010—
(a) regulation 2(4), (5), (9) to (11), (14)(b) and (16)(d);
(b) regulation 4(4), (5), (9) to (11), (13) and (15)(e); and
(c) regulation 8(4), (5), (11) to (13), (16)(b) and (18)(d).
(6) In this regulation “benefit week” has the same meaning as in—
(a) regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987, in so far as it relates to regulations 2(4) to (6), (8), (9) to (11), (14)(b), (15) and (16);
(b) regulation 1(2) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, in so far as it relates to regulations 4(4) to (6), (8) to (11) and (13) to (15);
(c) regulation 1(2) of the State Pension Credit Regulations (Northern Ireland) 2003, in so far as it relates to regulation 5; and
(d) regulation 2(1) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 in so far as it relates to regulations 8(2), (4) to (6), (8) to (13), (16)(b), (17) and (18).
(7) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
2 

(1) The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (16).
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In regulation 13 (circumstances in which persons in relevant education are to be entitled to income support) omit paragraph (3)(b)(ii).
(4) In the headings to regulations 25 (child maintenance or liable relative payments), 55 (treatment of child maintenance or liable relative payments), 58 (calculation of the weekly amount of a child maintenance or liable relative payment) and 59 (date on which a child maintenance or liable relative payment is to be treated as paid) omit “child maintenance or”.
(5) In regulation 25 and the heading to Chapter VII of Part V (child maintenance and liable relative payments) omit “child maintenance and”.
(6) After regulation 35(2)(e) (earnings of employed earners) add—“
(f) any payment in respect of expenses arising out of the claimant’s participation in a service user group.”.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In regulation 42 (notional income)—
(a) after paragraph (2)(g) insert—“
(ga) any sum to which paragraph (8ZA) applies;”; and
(b) after paragraph (8) add—“
(8ZA) Paragraphs (1), (2), (3), (4), (5) and (6) shall not apply in respect of a payment of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.”.
(9) In regulation 54 (interpretation)—
(a) omit the definition of “child maintenance”;
(b) in the definition of “payment”—
(i) in paragraph (e)(i) for “family” substitute “partner or is made or derived from a person falling within paragraph (d) of the definition of liable relative”, and
(ii) after paragraph (h) insert—“
(i) to which paragraph 69 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) applies.”; and
(c) in paragraph (c) of the definition of “periodical payment” omit “, after the appropriate disregard under paragraph 69 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) has been applied to it,”.
(10) In regulation 55 (treatment of child maintenance or liable relative payments) omit “and paragraph 69 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings)”.
(11) In regulation 57 (period over which payments other than periodical payments are to be taken into account)—
(a) in paragraph (3) omit sub-paragraph (b) and the preceding “and”; and
(b) in paragraph (10) omit “and, where applicable, the maximum disregard under paragraph 69 of Schedule 9”.
(12) In regulation 61(1) (interpretation) in the definition of “access funds”—
(a) in paragraph (b) for “7” substitute “68”; and
(b) omit “and described as “learner support funds” or grants made under section 68 of that Act”.
(13) In Schedule 1B (prescribed categories of person)—
(a) after paragraph 2 insert—“
2A. 
A single claimant or a lone parent with whom a child is placed for adoption pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 1989.”; and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(14) In Schedule 3 (housing costs)—
(a) after paragraph 3(13)(b) (circumstances in which a person is to be treated as occupying a dwelling as his home) insert—“
(ba) “period of study” has the meaning given in regulation 61(1) (interpretation);”; and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15) In Schedule 8 (sums to be disregarded in the calculation of earnings)—
(a) in paragraphs 1(1)(b) for “regulation 35(1)(e) or (i) (in so far as it applies to regulation 35(1)(e))” substitute “sub-paragraph (2)(a) or (b)(ii)”;
(b) for paragraph 1(2)(a) substitute—“
(a) any payment of the nature described in—
(i) regulation 35(1)(e) or (i) (in so far as it applies to regulation 35(1)(e)), or
(ii) Article 60, 96 or 100 of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments, suspension from work on medical or maternity grounds); and”; and
(c) in paragraph 2(1) for “regulation 35(1)(e) or (i) (in so far as it applies to regulation 35(1)(e))” substitute “paragraph 1(2)(a) or (b)(ii)”.
(16) In Schedule 9 (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 16(cc)—
(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”;
(ii) for “the pension payable under either of those schemes” substitute “that pension or payment”, and
(iii) for “aggregate with the” substitute “aggregate with any”;
(c) before paragraph 25(1)(e) insert—“
(da) which is a payment made by a local authority in Scotland in pursuance of section 50 of the Children Act 1975 (payments towards maintenance of children);”; and
(d) for paragraph 69 substitute—“
69. 

(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—
(a) the Child Support (Northern Ireland) Order 1991;
(b) the Child Support Act 1991;
(c) a court order;
(d) a consent order;
(e) a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books; and
 “liable relative” has the meaning given in regulation 54 (interpretation), other than a person falling within paragraph (d) of that definition.”.
3 

(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) and (3).
(2) In regulation 4(7)(b) (making a claim for benefit) after “claimant is” insert “first”.
(3) In—
(a) regulation 4C(6E) and (11) (making a claim for state pension credit);
(b) regulation 4F(5) (making a claim for employment and support allowance by telephone); and
(c) regulation 4G(7) (making a claim for employment and support allowance in writing);
for “last” substitute “first”.
4 

(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) to (15).
(2) In regulation 1(2) (citation, commencement and 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In regulation 60(2)(b) (young persons at the end of the child benefit extension period) omit “after”.
(4) In the headings to regulations 89 (child maintenance or liable relative payments), 118 (treatment of child maintenance or liable relative payments), 122 (calculation of the weekly amount of a child maintenance or liable relative payment) and 123 (date on which a child maintenance or liable relative payment is to be treated as paid) omit “child maintenance or”.
(5) In regulation 89 and the heading to Chapter VII of Part VIII (child maintenance and liable relative payments) omit “child maintenance and”.
(6) After regulation 98(2)(g) (earnings of employed earners) add—“
(h) any payment in respect of expenses arising out of the claimant’s participation in a service user group.”.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In regulation 105 (notional income)—
(a) after paragraph (2)(g) insert—“
(ga) any sum to which paragraph (15A) applies;”; and
(b) after paragraph (15) add—“
(15A) Paragraphs (1), (2), (6), (10), (12) and (13) shall not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.”.
(9) In regulation 117 (interpretation)—
(a) omit the definition of “child maintenance”;
(b) in the definition of “payment”—
(i) in paragraph (e)(i) for “family” substitute “partner or is made or derived from a person falling within paragraph (d) of the definition of liable relative;”, and
(ii) after paragraph (h) insert—“
(i) to which paragraph 66 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) applies;”; and
(c) in paragraph (c) of the definition of “periodical payment” omit “, after the appropriate disregard under paragraph 66 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) has been applied to it”.
(10) In regulation 118 (treatment of child maintenance or liable relative payments) omit “and paragraph 66 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings)”.
(11) In regulation 121 (period over which payments other than periodical payments are to be taken into account)—
(a) in paragraph (3) omit sub-paragraph (b) and the preceding “and”; and
(b) in paragraph (10) omit “and, where applicable, the maximum disregard under paragraph 66 of Schedule 6”.
(12) In regulation 130 (interpretation) in paragraph (b) of the definition of “access funds”—
(a) for “7” substitute “68”; and
(b) omit “and described as “learner support funds” or grants made under section 68 of that Act”.
(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(14) In Schedule 5 (sums to be disregarded in the calculation of earnings) in paragraph 1—
(a) in sub-paragraph (1)(b) for “regulation 98(1)(d) or (h) (in so far as it applies to regulation 98(1)(d)), ” substitute “sub-paragraph (2)(a) or (b)(ii)”; and
(b) for sub-paragraph (2)(a) substitute—“
(a) any payment of the nature described in—
(i) regulation 98(1)(d) or (h) (in so far as it applies to regulation 98(1)(d)), or
(ii) Article 60, 96 or 100 of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments, suspension from work on medical or maternity grounds); and”.
(15) 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 17(d)—
(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”;
(ii) for “the pension payable under either of those schemes” substitute “that pension or payment”, and
(iii) for “aggregate with the” substitute “aggregate with any”;
(c) before paragraph 26(1)(e) insert—“
(da) which is a payment made by a local authority in Scotland in pursuance of section 50 of the Children Act 1975 (payments towards maintenance of children);”;
(d) in paragraph 60 after “Any payment” insert “made with respect to a person on account of the provision of accommodation, aftercare or other personal social services to which Articles 15 and 36 of the 1972 Order refer”; and
(e) for paragraph 66 substitute—“
66. 

(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—
(a) the Child Support (Northern Ireland) Order 1991;
(b) the Child Support Act 1991;
(c) a court order;
(d) a consent order;
(e) a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;
 “liable relative” means a person listed in regulation 117 (interpretation), other than a person falling within paragraph (d) of that definition.”.
5 

(1) The State Pension Credit Regulations (Northern Ireland) 2003 are amended in accordance with paragraphs (2) to (5).
(2) In regulation 1(2) (citation, commencement and interpretation)—
(a) after the definition of “prisoner” insert—“
 “public authority” has the meaning given in section 75(3) of the Northern Ireland Act 1998;”; and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) After regulation 17A(3)(e) (earnings of employed earners) insert—“
(f) any payment in respect of expenses arising out of the claimant’s participation in a service user group.”.
(4) In regulation 18 (notional income)—
(a) in paragraph (6) for “paragraph (7)” substitute “ the following paragraphs”; and
(b) after paragraph (7) add—“
(7A) Paragraph (6) 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 4 (amounts to be disregarded in the calculation of income other than earnings) in paragraph 1(cc)—
(a) 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”;
(b) for “the pension payable under either of those schemes” substitute “that pension or payment”; and
(c) for “aggregate with the” substitute “aggregate with any”.
6 

(1) The Housing Benefit Regulations (Northern Ireland) 2006 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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) 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) 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 (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)—
(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) 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 (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 (payments towards maintenance of children);”; and
(d) for paragraph 49A 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—
(a) the Child Support (Northern Ireland) Order 1991;
(b) the Child Support Act 1991
(c) a court order;
(d) a consent order;
(e) a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;
 “liable relative” means a person listed in regulation 54 (interpretation) of the Income Support (General) Regulations (Northern Ireland) 1987, other than a person falling within sub-paragraph (d) of that definition.”.
7 

(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) to (5).
(2) In regulation 2(1) (interpretation)—
(a) in the definition of “concessionary payment”—
(i) for “Secretary of State with the consent of Treasury” substitute “ Department with the consent of the Department of Finance and Personnel”, and
(ii) after “charged” insert “ either to the Northern Ireland National Insurance Fund or”;
(b) after the definition of “polygamous marriage” insert—“
 “public authority has the meaning given in section 75(3) of the Northern Ireland Act 1998;”; and
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) After regulation 33(2)(d) (earnings of employed earners) add—“
(e) 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) in paragraph (8) after “(9)” insert “and (10A)”; and
(b) after paragraph (10) add—“
(10A) Paragraph (8) 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 6 (amounts to be disregarded in the calculation of income other than earnings) in paragraph 1(d)—
(a) 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
(b) for “the pension payable under either of those schemes” substitute “that pension or payment”.
8 

(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended in accordance with regulations (2) to (18).
(2) In regulation 2(1) (interpretation)—
(a) after the definition of “polygamous marriage” insert the following definition—“
 “public authority” has the meaning given in section 75(3) of the Northern Ireland Act 1998;”; and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In the heading to, and in regulation 85 and in the heading to Chapter 8 of Part 10 (child maintenance and liable relative payments) omit “child maintenance and”.
(5) In the headings to regulations 120 (treatment of child maintenance or liable relative payments), 124 (calculation of the weekly amount of a child maintenance or liable relative payment) and 125 (date on which a child maintenance or liable relative payment is to be treated as paid) omit “child maintenance or”.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In regulation 106 (notional income - deprivation and income on application)—
(a) after paragraph (2)(g) insert—“
(ga) any sum to which paragraph (9) applies;”; and
(b) after paragraph (8) add—“
(9) Paragraphs (1) and (2) do not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.”.
(9) In regulation 107 (notional income - income due to be paid or income paid to or in respect of a third party) after paragraph (7) add—“
(8) Paragraphs (1), (3) and (4) do not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.”.
(10) In regulation 108 (notional income - other income)—
(a) after paragraph (3) add—“
(4) Paragraphs (1) and (2) do not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.”.
(11) In regulation 119 (interpretation)—
(a) omit the definition of “child maintenance”;
(b) in the definition of “payment”—
(i) in paragraph (d)(i) for “family” substitute “partner or is made or derived from a person falling within sub-paragraph (d) of the definition of liable relative”, and
(ii) after paragraph (g) add—“
(h) to which paragraph 57 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) applies.”; and
(c) in paragraph (c) of the definition of “periodical payment” omit “, after the appropriate disregard under paragraph 57 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) has been applied to it,”.
(12) In regulation 120 (treatment of child maintenance or liable relative payments) omit “and paragraph 57 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings)”.
(13) In regulation 123 (period over which payments other than periodical payments are to be taken into account)—
(a) in paragraph (3) omit sub-paragraph (b) and the preceding “and”; and
(b) in paragraph (10) omit “and, where applicable, the maximum disregard under paragraph 57 of Schedule 8”.
(14) In regulation 153(1) (absence to receive medical treatment) omit sub-paragraph (e) and the preceding “and”.
(15) In Part 1 (prescribed amounts) of Schedule 4 (amounts) in paragraph 1(3)(b)(i) and (ii), in column (1) of the table, for “had they not been members” substitute “if that other member had not been a member”.
(16) In Schedule 6 (housing costs)—
(a) in paragraph 5(13) (circumstances in which a person is to be treated as occupying a dwelling as the home) after the definition of “patient” insert—“
 “period of study” has the meaning given in regulation 131 (interpretation);”; and
(b) in paragraph 15(2) (linking rules) for “has ceased” substitute “ceases on or before 11 April 2010”.
(17) In Schedule 7 (sums to be disregarded in the calculation of earnings)—
(a) in paragraph 1(1)(b) for “regulation 95(1)(e) or (l) (in so far as it relates to regulation 95(1)(e) (earnings of employed earners)” substitute “ sub-paragraph (2)(a) or (b)(ii)”;
(b) for paragraph 1(2)(a) substitute—“
(a) any payment of the nature described in—
(i) regulation 95(1)(e) or (l) (in so far as it relates to regulation 95(1)(e)) (earnings of employed earners), or
(ii) Article 60, 96 or 100 of the Employment Rights (Northern Ireland) Order 1996 (guarantee payments, suspension from work on medical or maternity grounds); and”; and
(c) in paragraph 2(1) for “regulation 95(1)(e) or (l) (in so far as it relates to regulation 95(1)(e))” substitute “paragraph 1(2)(a) or (b)(ii)”.
(18) In Schedule 8 (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 16(d)—
(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”,
(ii) for “the pension payable under either of those schemes” substitute “that pension or payment”, and
(iii) for “ aggregate with the” substitute “ aggregate with any”;
(c) in paragraph 25(1)(d) after “order)” insert “, or in Scotland section 50 of the Children Act 1975 (payments towards maintenance of children)”; and
(d) for paragraph 57 substitute—“
57. 

(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—
(a) the Child Support (Northern Ireland) Order 1991;
(b) the Child Support Act 1991;
(c) a court order;
(d) a consent order;
(e) a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;
 “liable relative” means a person listed in regulation 119 (interpretation), other than a person falling within paragraph (d) of that definition.”.
9 
The following Regulations are hereby revoked—
(a) Regulations 2 and 3 of the Social Security (Child Maintenance Premium) (Amendment) Regulations (Northern Ireland) 2004;
(b) Regulations 2(2), 2(6)(a) and (f)(ii), and (9), 3(2), (6)(a), (7) and (9) of the Social Security (Child Maintenance Amendments) Regulations (Northern Ireland) 2008;
(c) Regulations 3(17)(a), (18), (20), (21) and (32)(c) of the Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008; and
(d) Regulation 2(3) of the Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008.
Sealed with the Official Seal of the Department for Social Development on 5th October 2009
(L.S.)Anne Mc Cleary
A senior officer of the Department for Social Development
The Department of Finance and Personnel consents to Regulations 6 and 7.Sealed with the Official Seal of the Department of Finance and Personnel on 5th October 2009
(L.S.)Adrian Arbuthnot
A senior officer of the Department of Finance and Personnel
