
2005 No. 98
HOUSING; RATES; SOCIAL SECURITY
The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2005
Made 10th March 2005
Coming into operation 4th April 2005
The Department for Social Development, in exercise of the powers conferred by sections 122(1)(a) and (d), 132(3) and (4)(a) and (b), 132A(3) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, Articles 14(1), (4)(a) and (b), and 36(2) of the Jobseekers (Northern Ireland) Order 1995 and now vested in it, and sections 15(1)(j) and (6)(b) of the State Pension Credit Act (Northern Ireland) 2002 and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel, in so far as regulations 2(2), (5), (9)(b), (10) and regulation 4 are concerned and after agreement by the Social Security Advisory Committee that proposals in respect of those Regulations should not be referred to it, hereby makes the following Regulations:
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2005 and shall come into operation on 4th April 2005.
(2) In these Regulations –
 ...
 “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;
 “the State Pension Credit Regulations” means the State Pension Credit Regulations (Northern Ireland) 2003.
(3) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendments in relation to the Armed Forces and Reserve Forces Compensation Scheme
2 

(1) In each of the provisions specified in paragraph (2) at the appropriate place, there shall be inserted the following definitions –“
 “the Armed Forces and Reserve Forces Compensation Scheme” means the scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004;”;“
 “a guaranteed income payment” means a payment under Article 14(1)(b) or Article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005;”
(2) The provisions specified for the purposes of paragraph (1) are –
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) regulation 2(1) of the Income Support Regulations (interpretation);
(c) regulation 1(2) of the Jobseeker’s Allowance Regulations (citation, commencement and interpretation);
(d) regulation 1(2) of the State Pension Credit Regulations (citation, commencement and interpretation).
(3) In regulation 15(5) of the State Pension Credit Regulations, (income for the purposes of the Act) after sub-paragraph (a) there shall be inserted the following sub-paragraphs –“
(aa) a guaranteed income payment;
(ab) a payment made under Article 21(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 but only where the condition referred to in Article 23(2)(c) is met;”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In regulations 42(4)(a)(i) of the Income Support Regulations (notional income) and 51(3)(a)(i) (notional capital) after “benefit Acts,” there shall be inserted “a payment from the Armed Forces and Reserve Forces Compensation Scheme,”.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In each of the provisions specified in paragraph (9) –
(a) after sub-paragraph (c) there shall be inserted the following sub-paragraph –“
(cc) a guaranteed income payment;”;
(b) in sub-paragraph (d) after “pension” there shall be inserted “or payment”;
(c) in sub-paragraph (e) for “pensions mentioned in sub-paragraphs (a) to (c)” there shall be substituted “pensions or payments mentioned in sub-paragraphs (a) to (cc)”
(9) The provisions specified for the purposes of paragraph (8) (which relate to the sums to be disregarded in the calculation of income other than earnings) are –
(a) paragraph 16 of Schedule 9 to the Income Support Regulations;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) paragraph 1 of Schedule 4 to the State Pension Credit Regulations.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Income Support Regulations
3 

(1) Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with paragraphs (2) and (3).
(2) In paragraph 5 after the words “housing benefit” where they first appear, there shall be inserted “to which the claimant is entitled”.
(3) In paragraph 27(a)(i) after “authority” there shall be added “but excluding payments of housing benefit made in respect of the person concerned”.
Amendment of the Housing Benefit Regulations
4 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Jobseeker’s Allowance Regulations
5 

(1) The Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) to (6).
(2) In regulation 1(2) (citation, commencement and interpretation) the definitions of “earnings top-up” and “the Earnings Top-up Scheme” shall be omitted.
(3) In regulation 103 (calculation of income other than earnings) paragraph (4) shall be omitted.
(4) In regulation 105 (notional income) paragraph (2)(f) shall be omitted.
(5) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) –
(a) in paragraph 6 after “benefit” there shall be added “to which the claimant is entitled”;
(b) in paragraph 28(a)(i) after “authority” there shall be added “but excluding payments of housing benefit made in respect of the person concerned”.
(6) In Schedule 7, (capital to be disregarded) paragraph 12(1)(c) shall be omitted.
Sealed with the Official Seal of the Department for Social Development on 10th March 2005.
John O'Neill
A senior officer of the
Department for Social Development
The Department of Finance and Personnel hereby consents to regulation 2(2), (5), (9)(b), (10) and regulation 4.Sealed with the Official Seal of the Department of Finance and Personnel on 11th March 2005.
Ciaran Doran
A senior officer of the
Department of Finance and Personnel
