The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1996

Contents

1Citation, commencement and interpretation#

(1)These Regulations may be cited as the Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 and shall come into operation on 7th April 1997.

(2)Regulation 5 shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 7th April 1997 which applies in his case and for the purpose of this paragraph, “benefit week” and “claimant” have the same meaning as in regulation 2(1) of the Income Support Regulations.

(3)Regulation 9 shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 7th April 1997 which applies in his case and for the purpose of this paragraph, “benefit week” has the same meaning as in regulation 1(2) of the Jobseeker’s Allowance Regulations.

(4)In these Regulations—• “the Child Benefit Regulations” means the Child Benefit (General) Regulations (Northern Ireland) 1979;• “the Child Benefit Rates Regulations” means the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976;• “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 a Measure of the Northern Ireland Assembly.

2Amendment of the Child Benefit Rates Regulations#

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3Amendment of the Child Benefit Regulations#

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4Amendment of the Social Security (Overlapping Benefits) Regulations#

In regulation 8 of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 (child benefit)—

(a)for paragraphs (2) and (3) there shall be substituted the following paragraphs—“2 Where child benefit is payable to a beneficiary at the rate for the time being specified in regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976 (in this regulation referred to as the “Child Benefit Rates Regulations”) (weekly rate for only, elder or eldest child of a lone parent) and for the same period, in respect of the same child, any benefit or increase of benefit under the Contributions and Benefits Act is or would be payable to a beneficiary, the weekly rate of that benefit or increase thereof shall be reduced by—a in a case where that benefit is guardian’s allowance payable to any person under section 77 of that Act, an amount equal to the amount, less £0·75, by which the rate specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations (weekly rate for only, elder or eldest child) exceeds the rate specified in regulation 2(1)(b) of those Regulations (weekly rate for other children); andb in any other case, an amount equal to the amount, less £0·75, by which the rate specified in regulation 2(1)(a)(ii) of the Child Benefit Rates Regulations exceeds the rate specified in regulation 2(1)(b) of those Regulations.3 Subject to paragraph (6), where child benefit is payable to a beneficiary at the rate for the time being specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations and for the same period, in respect of the same child, any benefit or increase of benefit under the Contributions and Benefits Act is or would be payable to a beneficiary, the weekly rate of that benefit or increase thereof shall be reduced by an amount equal to the amount, less £0·75, by which the rate specified in regulation 2(1)(a)(i) of the Child Benefit Rates Regulations exceeds the rate specified in regulation 2(1)(b) of those Regulations.”

(b)paragraphs (4), (5) and (7) shall be omitted.

5Amendment of the Income Support Regulations#

(1)The Income Support Regulations shall be amended in accordance with paragraphs (2) to (6).

(2)In regulation 42(2) (notional income)—

(a)for sub-paragraph (d) there shall be substituted the following sub-paragraph—“d child benefit to which paragraph (2D) refers;”

(b)after paragraph (2C) there shall be inserted the following paragraph—“2D This paragraph refers to child benefit payable in accordance with regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976 (weekly rate for only, elder or eldest child of a lone parent) but only to the extent that it exceeds the amount specified in regulation 2(1)(a)(i) of those Regulations.”

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In Schedule 2 (applicable amounts)—

(a)in Part II (family premium) in paragraph 3 for “shall be £10·55” there shall be substituted—“• shall be—(a) where the claimant is a lone parent and no premium is applicable under paragraph 9, 9A, 10 or 11, £15·75;(b) in any other case, £10·55”

(b)in Part III (premiums)—

(i)in paragraph 4 for “8 to 14ZA” there shall be substituted “9 to 14ZA”, and

(ii)paragraph 8 (lone parent premium) shall be omitted;

(c)in Part IV (amounts of premiums) in paragraph 15 sub-paragraph (1) shall be omitted.

(5)In Schedule 7 (applicable amounts in special cases)—

(a)in column (2) of paragraph 1(b) (patients) “8 or” shall be omitted; and

(b)in column (2) of paragraph 10C (lone parents who are in residential accommodation temporarily) in sub-paragraph (b), “or (d) in so far as that amount relates to the lone parent premium under paragraph 8 of Schedule 2” shall be omitted.

(6)In paragraph 5 of Schedule 8 (sums to be disregarded in the calculation of earnings) for “lone parent premium under” there shall be substituted “family premium under paragraph 3(a) of”.

6Amendment of the Social Security (Claims and Payments) Regulations#

(1)Stocks of the relevant feed additive, and premixtures containing it, which are produced and labelled before the end of 19th June 2025 in accordance with the conditions of the prior authorisation and the labelling requirements applicable immediately before 20th December 2024, may continue to be placed on the market and used until they are exhausted.

(2)Stocks of feed materials and compound feed containing the relevant feed additive, intended for food-producing animals, which are produced and labelled before the end of 19th December 2025 in accordance with the conditions of the prior authorisation and the labelling requirements applicable immediately before 20th December 2024, may continue to be placed on the market and used until they are exhausted.

(3)Stocks of feed materials and compound feed containing the relevant feed additive, intended for non-food-producing animals, which are produced and labelled before the end of 19th December 2026 in accordance with the conditions of the prior authorisation and the labelling requirements applicable immediately before 20th December 2024, may continue to be placed on the market and used until they are exhausted.

(4)Stocks of feed materials and compound feed containing the relevant feed additive, intended for non-food-producing animals, which are produced and labelled before the end of 19th December 2026 in accordance with the conditions of the prior authorisation and the labelling requirements applicable immediately before 20th December 2024, may continue to be placed on the market and used until they are exhausted.

(5)In paragraph 2 of Schedule 8 (election to have child benefit paid weekly) for sub-paragraph (a) there shall be substituted the following sub-paragraph—“a he is a lone parent within the meaning set out in regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976; or”

7Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations#

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8Amendment of the Social Security (Adjudication) Regulations#

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9Amendment of the Jobseeker’s Allowance Regulations#

(1)The Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) to (6).

(2)In regulation 105(2) (notional income)—

(a)for sub-paragraph (c) there shall be substituted the following sub-paragraph—“c child benefit to which paragraph (2A) refers;”

(b)after paragraph (2) there shall be inserted the following paragraph—“2A This paragraph refers to child benefit payable in accordance with regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976 (weekly rate for only, elder or eldest child of a lone parent) but only to the extent that it exceeds the amount specified in regulation 2(1)(a)(i) of those Regulations.”

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In Schedule 1 (applicable amounts)—

(a)in Part II (family premium) in paragraph 4 for “shall be £10·55” there shall be substituted—“• shall be—(a) where the claimant is a lone parent and no premium is applicable under paragraph 10, 11, 12 or 13, £15·75;(b) in any other case, £10·55”

(b)in Part III (premiums)—

(i)in paragraph 5 for “9 to 17” there shall be substituted “10 to 17”, and

(ii)paragraph 9 (lone parent premium) shall be omitted;

(c)in Part IV (amounts of premiums) in paragraph 20 sub-paragraph (1) shall be omitted.

(5)In column (2) of paragraph 9 of Schedule 4 (applicable amounts for lone parents who are in residential accommodation temporarily) in sub-paragraph (b), “or (e) in so far as that amount relates to the lone parent premium under paragraph 9 of Schedule 1” shall be omitted.

(6)In paragraph 6 of Schedule 5 (sums to be disregarded in the calculation of earnings) for “lone parent premium under” there shall be substituted “family premium under paragraph 4(a) of”.

10Transitional provision relating to applications for review#

Where an applicant for a review of a decision relating to child benefit—

(a)makes his application on or before 7th October 1997;

(b)in respect of any week prior to 7th April 1997 but not more than 26 weeks before the date of the application referred to in paragraph (a) (“the relevant period”), would have satisfied the conditions, as were then in force, in regulation 2(2) of the Child Benefit Rates Regulations relating to an increase in the weekly rate of child benefit; and

(c)was not in receipt of an increase in the weekly rate of child benefit under regulation 2(2) of those Regulations in respect of the relevant period,

that application for review shall be treated, in addition, as if it were a claim for an increase in the weekly rate of child benefit under regulation 2(2) of those Regulations in respect of the relevant period.

11Transitional provision relating to maintenance assessments#

(1)A decision with respect to a maintenance assessment in force on 7th April 1997 shall not be superseded by a decision under Article 19 of the Order solely to give effect to these Regulations.

(2)These Regulations shall apply to a fresh maintenance assessment made by virtue of—

(a)a revision under Article 18 of the Order of a decision with respect to a maintenance assessment; or

(b)a decision under Article 19 of the Order which supersedes a decision with respect to a maintenance assessment,

as from the effective date of that revision under Article 18 of the Order or, as the case may be, decision under Article 19 of the Order.

(3)In this regulation “the Order” means the Child Support (Northern Ireland) Order 1991.

12Revocations#

The regulations specified in column (1) of the Schedule are revoked to the extent mentioned in column (3).

Schedule · Regulations Revoked

Contains public sector information licensed under the Open Government Licence v3.0.