The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 1998

Contents

1Citation, commencement and interpretation#

(1)These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 1998 and this regulation and regulation 3 shall come into operation on 1st June 1998.

(2)Regulation 2 shall come into operation on 1st June 1998 but in the case of a claimant for income support whose benefit week does not commence on that date, it shall have effect from the first day of the first benefit week to commence for that claimant after that date.

(3)In paragraph (2), “benefit week” and “claimant” shall have the same meanings as in regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987.

(4)Regulation 4 shall come into operation on 2nd June 1998 but in the case of a claimant for family credit or disability working allowance who has an award of either of these benefits which is current on 2nd June 1998, it shall have effect as from the day following the expiration of that award.

(5)Regulation 5 shall come into operation on 1st June 1998 but in the case of a claimant for a jobseeker’s allowance whose benefit week does not commence on that date, it shall have effect from the first day of the first benefit week to commence for that claimant after that date.

(6)In paragraph (5), “benefit week” shall have the same meaning as in regulation 1(2) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996.

(7)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 Income Support (General) Regulations#

In Schedule 9 to the Income Support (General) Regulations (Northern Ireland) 1987 (sums to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 30(1) after “paragraph 29” there shall be inserted “or 30ZA”;

(b)after paragraph 30 there shall be inserted the following paragraph—“30ZA 1 Subject to sub-paragraph (2), any payment received under an insurance policy, other than an insurance policy referred to in paragraph 29, taken out to insure against the risk of being unable to maintain repayments under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part VI of the Hire-Purchase Act (Northern Ireland) 1966.2 A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to—a maintain the repayments referred to in sub-paragraph (1), andb meet any amount due by way of premiums on that policy.”

3Amendment of the Housing Benefit (General) Regulations#

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4Amendment of the Family Credit (General) Regulations and the Disability Working Allowance (General) Regulations#

In both Schedule 2 to the Family Credit (General) Regulations (Northern Ireland) 1987 and Schedule 3 to the Disability Working Allowance (General) Regulations (Northern Ireland) 1992 (sums to be disregarded in the calculation of income other than earnings) after paragraph 25A there shall be inserted the following paragraph—“25B 1 Subject to sub-paragraph (2), any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments—a on a loan which is secured on the dwelling which the claimant occupies as his home, orb under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part VI of the Hire-Purchase Act (Northern Ireland) 1966.2 A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to—a maintain the repayments referred to in sub-paragraph (1)(a) or, as the case may be, (b), andb meet any amount due by way of premiums on—i that policy, orii in a case to which sub-paragraph (1)(a) applies, an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home and which is required as a condition of the loan referred to in sub-paragraph (1)(a).”

5Amendment of the Jobseeker’s Allowance Regulations#

In Schedule 6 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (sums to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 31(1), after “paragraph 30” there shall be inserted “or 31A”;

(b)after paragraph 31 there shall be inserted the following paragraph—“31A 1 Subject to sub-paragraph (2), any payment received under an insurance policy, other than an insurance policy referred to in paragraph 30, taken out to insure against the risk of being unable to maintain repayments under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part VI of the Hire-Purchase Act (Northern Ireland) 1966.2 A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to—a maintain the repayments referred to in sub-paragraph (1), andb meet any amount due by the way of premiums on that policy.”

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