Contents
1Citation, commencement and interpretation#
(1)These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 1997 and shall come into operation on 22nd October 1997.
(2)The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Assembly.
2Amendment of the Income Support (General) Regulations#
(1)Schedule 3 to the Income Support (General) Regulations (Northern Ireland) 1987 (housing costs) shall be amended in accordance with paragraphs (2) to (6).
(2)After paragraph 1 (housing costs) there shall be inserted the following paragraph—“1A 1 Where a claimant or his partner was in receipt of or was treated as being in receipt of income-based jobseeker’s allowance not more than 12 weeks before one of them becomes entitled to income support or, where the claimant or his partner is a person to whom paragraph 14(2) or (8) (linking rules) refers, not more than 26 weeks before becoming so entitled and—a the applicable amount for that allowance included an amount in respect of housing costs under paragraph 14 or 15 of Schedule 2 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (loans on residential property and for repairs and improvements to the dwelling occupied as the home); andb the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,the applicable amount in respect of housing costs for income support shall be the applicable amount in respect of those costs current when entitlement to income-based jobseeker’s allowance was last determined.2 Where, in the period since housing costs were last calculated for income-based jobseeker’s allowance, there has been a change of circumstances, other than a reduction in the amount of an outstanding loan, which increases or reduces those costs, the amount to be met under this Schedule shall, for the purposes of the claim for income support, be recalculated to as to take account of that change.”
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In paragraph 8(1A) (new housing costs) after “sub-paragraph (1)” there shall be inserted “and subject to sub-paragraph (1B)”.
(6)After paragraph 8(1A) there shall be inserted the following sub-paragraph—“1B Where a claimant or his partner ceases to be in receipt of or treated as being in receipt of income-based jobseeker’s allowance and one of them becomes entitled to income support in a case to which paragraph 1A applies, the eligible capital for the time being owing shall be recalculated on each anniversary of the date on which the housing costs were first met for whichever of the benefits concerned the claimant or his partner was first entitled.”
3Amendment of the Social Security (Claims and Payments) Regulations#
(a)
(b)after sub-paragraph (3) there shall be added the following sub-paragraph—“4 Where a claimant or his partner is a person to whom either paragraph 1A of Schedule 3 to the Income Support Regulations (housing costs) or paragraph 1A of Schedule 2 to the Jobseeker’s Allowance Regulations (housing costs) refers, the information to which sub-paragraphs (2) and (3)(b) refer shall be provided at the request of the Department on the anniversary of the date on which the housing costs in respect of mortgage interest were first brought into account in determining the applicable amount of the person concerned.”
4Amendment of the Social Security (Adjudication) Regulations#
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5Amendment of the Jobseeker’s Allowance Regulations#
(1)Schedule 2 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (housing costs) shall be amended in accordance with paragraphs (2) to (6).
(2)After paragraph 1 (housing costs) there shall be inserted the following paragraph—“1A 1 Where a claimant or his partner was in receipt of or was treated as being in receipt of income support not more than 12 weeks before one of them becomes entitled to income-based jobseeker’s allowance or, where the claimant or his partner is a person to whom paragraph 13(2) or (10) (linking rules) refers, not more than 26 weeks before becoming so entitled and—a the applicable amount for income support included an amount in respect of housing costs under paragraph 15 or 16 of Schedule 3 to the Income Support Regulations (loans on residential property and for repairs and improvements to the dwelling occupied as the home), andb the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,the applicable amount in respect of housing costs for income-based jobseeker’s allowance shall be the applicable amount in respect of those costs current when entitlement to income support was last determined.2 Where, in the period since housing costs were last calculated for income support, there has been a change of circumstances, other than a reduction in the amount of an outstanding loan, which increases or reduces those costs, the amount to be met under this Schedule shall, for the purposes of the claim for income-based jobseeker’s allowance, be recalculated so as to take account of that change.”
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In paragraph 7(2) (new housing costs) after “sub-paragraph (1)” there shall be inserted “and subject to sub-paragraph (2A)”.
(6)After paragraph 7(2) there shall be inserted the following sub-paragraph—“2A Where a claimant or his partner ceases to be in receipt of or treated as being in receipt of income support and one of them becomes entitled to income-based jobseeker’s allowance in a case to which paragraph 1A applies, the eligible capital for the time being owing shall be recalculated on each anniversary of the date on which the housing costs were first met for whichever of the benefits concerned the claimant or his partner was first entitled.”
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