
1999 No. 385
HOUSING; RATES; SOCIAL SECURITY
FAMILY LAW
CHILD SUPPORT
The Social Security and Child Support (Tax Credits Consequential Amendments) Regulations (Northern Ireland) 1999
Made 15th September 1999
Coming into operation 5th October 1999
The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by the provisions set out in Schedule 1 and of all other powers enabling it in that behalf, by this statutory rule, which contains only regulations consequential upon the Tax Credits Act 1999 and which is made before the end of a period of six months from the commencement of those provisions, with the consent of the Department of the Environment for Northern Ireland in so far as regulations 2 and 3 are concerned, hereby makes the following Regulations:
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Social Security and Child Support (Tax Credits Consequential Amendments) Regulations (Northern Ireland) 1999 and shall come into operation on 5th October 1999.
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Assembly.
Amendments consequential on the renaming of family credit as working families' tax credit and of disability working allowance as disabled person’s tax credit
2 

(1) Subject to paragraph (3), in the provisions mentioned in Part I of Schedule 2, for the words “family credit” wherever they occur, except where they appear in a reference to the title of the Family Credit (General) Regulations (Northern Ireland) 1987, there shall be substituted “working families' tax credit”.
(2) Subject to paragraph (3), in the provisions mentioned in Part II of Schedule 2, for the words “disability working allowance” wherever they occur, except where they appear in a reference to the title of the Disability Working Allowance (General) Regulations (Northern Ireland) 1992, there shall be substituted “disabled person’s tax credit”.
(3) In the provisions mentioned in Part III of Schedule 2—
(a) for the definition of “disability working allowance” there shall be substituted the following definition—“
 “disabled person’s tax credit” means a disabled person’s tax credit under section 128 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;”;
(b) the following definition shall be inserted in the appropriate place—“
 “working families' tax credit” means a working families' tax credit under section 127 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;”.
Amendment of the Housing Benefit (General) Regulations
3 

(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987 shall be amended in accordance with paragraphs (2) and (3).
(2) In paragraph 16 of Schedule 3 (sums to be disregarded in the calculation of earnings) in sub-paragraphs (1)(b) and (4)(c)(ii) for “the allowance” there shall be substituted “the credit”.
(3) In paragraph 60 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for “the allowance” there shall be substituted “the credit”.
Amendment of Schedule 8 to the Social Security (Claims and Payments) Regulations
4 
In paragraph 2(b) of Schedule 8 to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (election to have child benefit paid weekly) for “family credit or disability working allowance” there shall be substituted “or payment in accordance with an award of family credit or disability working allowance which was awarded with effect from a date falling before 5th October 1999”.
Amendment of regulation 2 of the Social Fund (Recovery by Deductions from Benefits) Regulations
5 
In regulation 2 of the Social Fund (Recovery by Deductions from Benefits) Regulations (Northern Ireland) 1988 (benefits from which an award may be recovered)—
(a) for paragraph (b) there shall be substituted the following paragraph—“
(b) family credit awarded with effect from a date falling before 5th October 1999;”;
(b) for paragraph (ba) there shall be substituted the following paragraph—“
(ba) disability working allowance awarded with effect from a date falling before 5th October 1999;”.
Amendment of regulation 1 of the Child Support (Maintenance Assessment Procedure) Regulations
6 

(1) Regulation 1(2) of the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 shall be amended in accordance with paragraphs (2) to (4).
(2) For the definition of “disability working allowance” there shall be substituted the following definition—“
 “disability working allowance” means an award of disability working allowance under section 128 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 which was awarded with effect from a date falling before 5th October 1999;”.
(3) The following definition shall be inserted in the appropriate place—“
 “family credit” means an award of family credit under section 127 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 which was awarded with effect from a date falling before 5th October 1999;”.
(4) In the definition of “relevant benefit” for “family credit or disability working allowance” there shall be substituted the following “or an award of family credit or disability working allowance which was awarded with effect from a date falling before 5th October 1999”.
Revocation and Saving of the Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) Regulations
7 
The Child Support (Compensation for Recipients of Family Credit and Disability Working Allowance) Regulations (Northern Ireland) 1995 are revoked except that they shall continue to have effect in the case of an award of family credit or disability working allowance awarded with effect from a date falling before 5th October 1999.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
John O'Neill
Assistant Secretary
15th September 1999.The Department of the Environment for Northern Ireland hereby consents to regulations 2 and 3 of the foregoing Regulations.Sealed with the Official Seal of the Department of the Environment for Northern Ireland on
R. E. Aiken
Assistant Secretary
15th September 1999.
SCHEDULE 1
Provisions conferring powers exercised in making these Regulations


Column 1 Column 2
The Child Support (Northern Ireland) Order 1991 Article 2
 Article 28E(5)
 Article 39
 Article 40
 Article 47
 Article 48
 paragraphs 5 and 7 of Schedule 1
 Schedule 4B
The Social Security Administration (Northern Ireland) Act 1992 section 5(1)
 section 74(2)
 section 165(1), (4) and (5)
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 section 22(5)
 section 45A
 section 122(1)(a) and (d)
 section 131(1)
 section 132(3) and (4)
 section 134
 section 141(1)
 section 171(1), (3) and (4)
The Jobseeker’s (Northern Ireland) Order 1995 Article 6(5)
 Article 14(4)(a)
 Article 28(4)(j)
 Article 36
The Child Support (Northern Ireland) Order 1995 Article 4
 Article 17
 Article 19(1)
SCHEDULE 2
Regulation 2(1)
Part I Provisions in which the words “family credit” are substituted by “working families' tax credit”

Column 1 Column 2
The Social Security (Credits) Regulations (Northern Ireland) 1975 regulation 7C and the heading which precedes it
The Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987 regulation 4(1)(a)
 regulation 5(b)
 regulation 6(1)(a)
The Income Support (General) Regulations (Northern Ireland) 1987 regulation 42(2)(e)
The Housing Benefit (General) Regulations (Northern Ireland) 1987 regulation 43A(3)(b) and (4)(b)
 Schedule 4, paragraph 61
The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992 regulation 10A and the heading which precedes it
 Schedule 1, paragraphs 2(1A),
 5(5) and 7(2) to (5)
The Social Security (Effect of Family Credit on Earnings Factors) Regulations (Northern Ireland) 1995 regulation 2
The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 regulation 105(2)(d)
The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996 regulations 9 and 12
The Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 1996 regulation 21(b)
The Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996 regulation 14(b)
SCHEDULE 2
Regulation 2(2)
Part II Provisions in which the words “disability working allowance” are substituted by “disabled person’s tax credit”

Column 1 Column 2
The Social Security (Credits) Regulations (Northern Ireland) 1975 regulations 7B and the heading which precedes it
 regulation 9(c)(i)
The Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987 regulation 4(1)(a)
 regulation 5(b)
 regulation 6(1)(a)
The Income Support (General) Regulations (Northern Ireland) 1987 regulation 42(2)(f)
 Schedule 2, paragraph 12(1)(a)(i)
The Housing Benefit (General) Regulations (Northern Ireland) 1987 regulation 43A(3)(d) and (4)(d)
 Schedule 2, paragraph 12(1)(a)(i)
 Schedule 4, paragraph 60
The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992 regulation 10A and the heading which precedes it
 Schedule 1, paragraphs 2(1A) and 5(5)
 Schedule 4, paragraph (a)(xi)
The Social Security (Effect of Family Credit on Earnings Factors) Regulations (Northern Ireland) 1995 regulation 2
The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 regulation 105(2)(d)
 Schedule 1, paragraph 14(1)(a)
The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996 regulations 9 and 12
The Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 1996 regulation 21(c)
The Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996 regulation 14(a)
SCHEDULE 2
Regulation 2(3)
Part III Provisions in which the definitions of “working families' tax credit” and “disabled person’s tax credit” are substituted or inserted

Column 1 Column 2
The Social Security (Credits) Regulations (Northern Ireland) 1975 regulations 2(1)
The Income Support (General) Regulations (Northern Ireland) 1987 regulation 2(1)
The Housing Benefit (General) Regulations (Northern Ireland) 1987 regulation 2(1)
The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992 regulation 1(2)
The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 regulation 1(2)