BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Social Security (New Deal Amendment) Regulations (Northern Ireland) 2001 No. 151
URL: http://www.bailii.org/nie/legis/num_reg/2001/20010151.html

[New search] [Help]


2001 No. 151

HOUSING; RATES; SOCIAL SECURITY

The Social Security (New Deal Amendment) Regulations (Northern Ireland) 2001

  Made 3rd April 2001 
  Coming into operation 9th April 2001 

The Department for Social Development, in exercise of the powers conferred on it by Articles 6(5), 14(4)(a) and (b), 21(2) and (10)(c), 22(4), 22B(4) and 36(2) of, and paragraph 3(b) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995[1] and sections 122(1)(a) and (d), 131(1), 132(4)(a) and (b), 171(3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[2], and now vested in it[3], and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel[4] in so far as regulations 13(1), (2), (3)(a), (4), (5)(a), (6), (7)(a), (8), (9)(a), (10), (11)(a), (12), (13)(a), (14), (15)(a) and 14(1), (2)(a) and (5) are concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of those regulations should not be referred to it[5], hereby makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Social Security (New Deal Amendment) Regulations (Northern Ireland) 2001 and shall, subject to paragraph (2), come into operation on 9th April 2001.

    (2) Regulations 10(b)(iii) and 13(b)(iv) shall respectively come into operation immediately after regulations 6(b) and 12(b)(iii) of the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2001[6].

    (3) In these Regulations - 

    (4) The Interpretation Act (Northern Ireland) 1954[10] shall apply to these Regulations as it applies to an Act of the Assembly.

Interpretation
     2. In regulation 1(2) of the Jobseeker's Allowance Regulations - 

Linking periods
     3. In regulation 48(2) of the Jobseeker's Allowance Regulations (linking periods), for sub-paragraph (f)(ii)[13], there shall be substituted the following - 

Prescribed period for the purposes of Article 21(2) and 22A(3) of the Order
     4. In regulation 69 of the Jobseeker's Allowance Regulations[14] (prescribed period for purposes of Article 21(2) and 22A(3)) - 

Interpretation of Articles 21 and 22A of the Order and Part V of the Jobseeker's Allowance Regulations
     5. In regulation 75 of the Jobseeker's Allowance Regulations[16] (interpretation) - 

Notional income
     6. In regulation 105 of the Jobseeker's Allowance Regulations (notional income) - 

Notional capital
     7. In regulation 113(3A) of the Jobseeker's Allowance Regulations (notional capital)[19], after sub-paragraph (b)(i) there shall be inserted the following - 

Meaning of "person in hardship" and "couple in hardship"
     8. In regulation 140(4A) of the Jobseeker's Allowance Regulations[20] (meaning of "person in hardship"), for the words from "an employment programme" to the end of that paragraph there shall be substituted "one of the New Deal Options.".

Housing costs
     9. In Schedule 2 to the Jobseeker's Allowance Regulations (housing costs) - 

Income to be disregarded
     10. In Schedule 6 to the Jobseeker's Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) - 

Capital to be disregarded
     11. For paragraph 43 of Schedule 7 to the Jobseeker's Allowance Regulations[27] (capital to be disregarded), there shall be substituted the following paragraph - 

Amendment of Schedule 3 to the Income Support Regulations
     12. In Schedule 3 to the Income Support Regulations[28] (housing costs) - 

Common amendments
     13.  - (1) In regulation 2(1) of the Housing Benefit Regulations (interpretation), after the definition of "net profit" there shall be inserted the following definition - 

    (2) In each of the regulations specified in paragraph (3) - 

    (3) The regulations specified in this paragraph (interpretation) are - 

    (4) In each of the regulations specified in paragraph (5), in sub-paragraph (c) after head (i) there shall be inserted the following head - 

    (5) The regulations specified in this paragraph (which relate to notional income) are - 

    (6) In each of the regulations specified in paragraph (7), at the end of sub-paragraph (b)(i) there shall be added ", other than where the service is performed in connection with the claimant's participation in the Preparation for Employment Programme specified in regulation 75(1)(a)(v) of those Regulations or in the Preparation for Employment Programme for 50 plus".

    (7) The regulations specified in this paragraph (which relate to notional earnings) are - 

    (8) In each of the regulations specified in paragraph (9), after sub-paragraph (b)(i) there shall be inserted the following - 

    (9) The regulations specified in this paragraph (which relate to notional capital) are - 

    (10) In each specified paragraph of the Schedules specified in paragraph (11), for sub-paragraph (d)[41] there shall be substituted the following sub-paragraph - 

    (11) The paragraph numbers and Schedules specified in this paragraph (which relate to sums to be disregarded in the calculation of income other than earnings) are - 

    (12) For each specified paragraph of the Schedules specified in paragraph (13), there shall be substituted the following paragraph - 

    (13) The paragraph numbers and Schedules specified in this paragraph (which relate to sums to be disregarded in the calculation of income other than earnings) are - 

    (14) For each specified paragraph of the Schedules specified in paragraph (15), there shall be substituted the following paragraph - 

    (15) The paragraph numbers and Schedules specified in this paragraph (which relate to capital to be disregarded) are - 

Consequential amendments
     14.  - (1) In the provisions specified in paragraph (2), for the words from "an employment programme" to "New Deal)" there shall be substituted "the self-employment route".

    (2) The provisions specified for the purposes of paragraph (1) are - 

    (3) In the Income Support Regulations - 

    (4) In the Jobseeker's Allowance Regulations - 

    (5) In regulation 40(7)[64] (income treated as capital) of the Housing Benefit Regulations, for "those Regulations" there shall be substituted "the Jobseeker's Allowance Regulations (Northern Ireland) 1996".



Sealed with the Official Seal of the Department for Social Development on


3rd April 2001.

L.S.


John O'Neill
Senior Officer of the Department for Social Development


The Department of Finance and Personnel hereby consents to regulations 13(1), (2), (3)(a), (4), (5)(a), (6), (7)(a), (8), (9)(a), (10), (11)(a), (12), (13)(a), (14) and (15)(a) and 14(1), (2)(a) and (5) of the foregoing Regulations.



Sealed with the Official Seal of the Department of Finance and Personnel on


3rd April 2001.

L.S.


Brian Delaney
Senior Officer of the Department of Finance and Personnel

EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations amend the Jobseeker's Allowance Regulations (Northern Ireland) 1996 ("the Jobseeker's Allowance Regulations"), the Income Support (General) Regulations (Northern Ireland) 1987 ("the Income Support Regulations") and the Housing Benefit (General) Regulations (Northern Ireland) 1987 ("the Housing Benefit Regulations").

In particular, regulations 2(a) and 5(a) define respectively the Preparation for Employment Programme for 50 plus ("PEP for 50 plus") and the Preparation for Employment Programme ("PEP"). Regulation 5 provides that individuals aged between 25 and 49 participating in the PEP are considered to be participating in an employment programme for the purposes of Articles 21 and 22A of the Jobseekers (Northern Ireland) Order 1995 and the Jobseeker's Allowance Regulations. The effect of this is that if such a person, without good cause, refuses or fails to participate in the PEP or loses his place on the PEP because of misconduct, he will receive a sanction under Article 21 or 22A. By definition, those aged 50 or over who are participating in the PEP for 50 plus are not considered to be participating in an employment programme for those purposes and are therefore not liable to a sanction.

The Regulations also amend the Jobseeker's Allowance Regulations so as to allow claims for jobseeker's allowance separated by periods on the PEP or PEP for 50 plus to link (regulation 3).

Regulation 4 amends regulation 69 of the Jobseeker's Allowance Regulations to provide a different period for a sanction that is applied in relation to the PEP.

Where a person may not be entitled to a jobseeker's allowance as a result of any act or omission whilst on the PEP or is subject to sanctions in respect of that act or omission whilst a member of a joint-claim couple, regulation 8 amends the Jobseeker's Allowance Regulations so as to provide that such a person shall not be a person in hardship or, as the case may be, the couple of which he is member shall not be a couple in hardship.

These Regulations also amend both the Jobseeker's Allowance Regulations (regulation 9) and the Income Support Regulations (regulation 12) by allowing certain periods of participation in the PEP or PEP for 50 plus to be treated as periods of entitlement to those benefits for the purpose of applying the rules on payment of housing costs in those benefits and by extending to 52 weeks, certain maximum periods which link separate periods of benefit entitlement where a claimant has ceased to be entitled to income support or income-based jobseeker's allowance because he is participating in the PEP or the PEP for 50 plus.

These Regulations also make various amendments to the rules on the treatment of income and capital in the benefits referred to in the first paragraph which are consequential on the introduction of the PEP and the PEP for 50 plus - 

Regulation 13(1) makes a minor technical amendment in relation to the definition of the New Deal options and regulation 13(2)(a) and (3) inserts a definition of the Preparation for Employment Programme for 50 plus into the Housing Benefit Regulations and the Income Support Regulations.

Regulation 14 makes amendments to the Housing Benefit Regulations, the Income Support Regulations and the Jobseeker's Allowance Regulations consequential on the insertion of the definition of self-employment route by regulation 2.

In so far as these Regulations are required, for the purposes of regulations 13(1), (2), (3)(a), (4), (5)(a), (6), (7)(a), (8), (9)(a), (10), (11)(a), (12), (13)(a), (14) and (15)(a) and 14(1), (2)(a) and (5) to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), ("the 1992 Act"), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.

Notes:

 [1] S.I. 1995/2705 (N.I. 15); Article 22B was inserted by paragraph 14 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and Article 36(2) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)back

[2] 1992 c. 7back

[3] See Article 8(b) of, and Part II of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481)back

[4] See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); consent function transferred from the Department of the Environment to the Department of Finance and Personnel; see Article 6(b) of, and Part II of Schedule 4 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999back

[5] See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)back

[6] S.R. 2001 No. 78back

[7] S.R. 1987 No. 461; relevant amending Regulations are S.R. 1993 No. 414, S.R. 1998 Nos. 182, 325 and 326, S.R. 1999 No. 390 and S.R. 2000 No. 109back

[8] S.R. 1987 No. 459; relevant amending Regulations are S.R. 1995 No. 301, S.R. 1997 No. 541, S.R. 1998 Nos. 182 and 326 and S.R. 2001 No. 78back

[9] S.R. 1996 No. 198; relevant amending Regulations are S.R. 1997 No. 541, S.R. 1998 Nos. 182 and 326, S.R. 1999 No. 391 and S.R. 2000 Nos. 9, 109, 197 and 350 and S.R. 2001 No. 78back

[10] 1954 c. 33 (N.I.)back

[11] 1950 c. 29; section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))back

[12] Head (v) is inserted by regulation 5 of these Regulationsback

[13] Sub-paragraph (f) was added by regulation 4 of S.R. 1997 No. 541back

[14] Regulation 69 was substituted by regulation 2(3) of S.R. 2000 No. 9 and amended by regulation 2(2) and (3) of S.R. 2000 No. 197 and paragraph 25 of Schedule 2 to S.R. 2000 No. 350back

[15] Head (iv) was added by regulation 2(4)(b) of S.R. 2000 No. 197back

[16] Regulation 75 was substituted by regulation 8 of S.R. 1997 No. 541 and amended by S.R. 1998 No. 182, S.R. 2000 Nos. 197 and 350back

[17] Paragraph (10A) was inserted by regulation 2(1)(b) of S.R. 1998 No. 326back

[18] Paragraph (13A) was inserted by regulation 8(b) of S.R. 2000 No. 109back

[19] Paragraph (3A) was inserted by regulation 3(1)(b) of S.R. 1998 No. 326back

[20] Regulation 140(4A) was inserted by regulation 11(b) of S.R. 1997 No. 541back

[21] Paragraph 4(4A) was inserted by regulation 13(2) of S.R. 1997 No. 541back

[22] Paragraph 13(1)(ee) was inserted by regulation 13(3)(a) of S.R. 1997 No. 541back

[23] Paragraph 13(3A) was inserted by regulation 13(3)(b) of S.R. 1997 No. 541back

[24] Paragraph 13(14) was added by regulation 12(b)(iii) of S.R. 2001 No. 78back

[25] Paragraph 14(d) was inserted by regulation 14(a)(i) of S.R. 1997 No. 541back

[26] Paragraph 58 was substituted by regulation 4(5)(a) of S.R. 1998 No. 182back

[27] Paragraph 43 was substituted by regulation 4(6)(b) of S.R. 1998 No. 182back

[28] Schedule 3 was substituted by regulation 2 of, and Schedule 1 to, S.R. 1995 No. 301back

[29] Paragraph 4(4A) was inserted by regulation 16(2) of S.R. 1997 No. 541back

[30] Head (ee) was inserted by regulation 16(3)(a) of S.R. 1997 No. 541 and amended by regulation 3(5) of S.R. 1998 No. 182back

[31] Sub-paragraph (3ZA) was inserted by regulation 16(3)(b) of S.R. 1997 No. 541back

[32] Sub-paragraph (3B) was inserted by regulation 16(3)(d) of S.R. 1997 No. 541back

[33] Sub-paragraph (12) was added by regulation 6(c) of S.R. 2001 No. 78back

[34] Head (v) is inserted by regulation 6 of these Regulationsback

[35] Regulation 35(3A) was inserted by regulation 2(b) of S.R. 1998 No. 325back

[36] Regulation 42(4ZA) was inserted by regulation 2(2)(b) of S.R. 1998 No. 326 and amended by regulation 2(2) of S.R. 1999 No. 391back

[37] Regulation 35(5A) was inserted by regulation 4(b) of S.R. 2000 No. 109back

[38] Regulation 42 (6A) was inserted by regulation 2(2)(b) of S.R. 1999 No. 390. Sub-paragraph (b) was substituted by regulation 3(a) of S.R. 2000 No. 109back

[39] Regulation 43(3A) was inserted by regulation 3(b) of S.R. 1998 No. 325back

[40] Regulation 51(3A) was inserted by regulation 3(2)(b) of S.R. 1998 No. 326back

[41] The specified paragraphs were inserted by regulation 17(7)(a) of S.R. 1997 No. 541back

[42] Paragraph 11 was substituted by regulation 5(b) of S.R. 1993 No. 414back

[43] Paragraph 13 was substituted by regulation 3(8)(b) of S.R. 1990 No. 387back

[44] Paragraph 66 was substituted by regulation 5(3) and (4)(b) of S.R. 1998 No. 182back

[45] Paragraph 60 was substituted by regulation 5(3) and (4)(a) of S.R. 1998 No. 182back

[46] Paragraph 51 was substituted by regulation 5(9) and (10)(b) of S.R. 1998 No. 182back

[47] Paragraph 48 was substituted by regulation 5(9) and (10)(a) of S.R. 1998 No. 182back

[48] Paragraph (7) was added by regulation 5(1) and 2(a) of S.R. 1998 No. 182back

[49] Paragraph 68 was added by regulation 5(5) and 6(a) of S.R. 1998 No. 182back

[50] Sub-paragraph (3) was added by regulation 5(7) and (8) of S.R. 1998 No. 182back

[51] Paragraph 53 was added by regulation 5(11) and 12(a) of S.R. 1998 No. 182back

[52] Paragraph 63 was added by regulation 3(4) of S.R. 1998 No. 182back

[53] Sub-paragraph (3) was added by regulation 5(7) and (8)(a) of S.R. 1998 No. 182back

[54] Paragraph 50 was added by regulation 5(11) and (12)(a) of S.R. 1998 No. 182back

[55] Paragraph 61 was added by regulation 4(5)(b) of S.R. 1998 No. 182back

[56] Sub-paragraph (3) was added by regulation 4(6)(a) of S.R. 1998 No. 182back

[57] Paragraph 45 was added by regulation 4(6)(c) of S.R. 1998 No. 182back

[58] Regulation 23A was inserted by regulation 3(2) of S.R. 1998 No. 182back

[59] Regulation 39A was inserted by regulation 3(3) of S.R. 1998 No. 182back

[60] Chapter IVA was inserted by regulation 3(3) of S.R. 1998 No. 182back

[61] Regulation 88A was inserted by regulation 4(3) of S.R. 1998 No 182back

[62] Regulation 102A was inserted by regulation 4(4) of S.R. 1998 No. 182back

[63] Chapter IVA was inserted by regulation 4(4) of S.R. 1998 No. 182back

[64] Paragraph (7) was added by regulation 5(1) and 2(a) of S.R. 1998 No. 182back


ISBN 0-337-02489-8


  © Crown copyright 2001

Prepared 26 April 2001

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_reg/2001/20010151.html