Citation, commencement, effect and interpretation

1.–(1) These Regulations may be cited as the Social Security (Child Benefit Disregard) Regulations (Northern Ireland) 2008 and shall come into operation on 5th January 2009.

(2) Subject to paragraph (3) regulations 2 to 4 cease to have effect and are revoked on 6th April 2009; and on and after that date the Income Support Regulations, the Jobseeker´s Allowance Regulations and the Housing Benefit Regulations shall have effect as if regulations 2 to 4 had not been made.

(3) Regulation 4 ceases to have effect and is revoked on 1st April 2009 in relation to a claimant whose eligible rent falls to be calculated in accordance with regulation 78(2)(b) or (c) of the Housing Benefit Regulations (calculation of weekly income); and on and after that date the Housing Benefit Regulations shall have effect in relation to such a claimant as if regulation 4 had not been made.

(4) In these Regulations–

"the Housing Benefit Regulations" means the Housing Benefit Regulations (Northern Ireland) 2006(6);

"the Income Support Regulations" means the Income Support (General) Regulations (Northern Ireland) 1987(7);

"the Jobseeker´s Allowance Regulations" means the Jobseeker´s Allowance Regulations (Northern Ireland) 1996(8).

(5) The Interpretation Act (Northern Ireland) 1954(9) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support (General) Regulations

2. In Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 5B(10) insert–

"5C.–(1) £1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.

(2) 65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).

(3) This paragraph does not apply to a claimant in relation to whom regulation 2 of, and Schedule 1 to, the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003(11) has effect.

(4) In sub-paragraphs (1) and (2)–

"claimant" includes a partner of the claimant;

"child" and "qualifying young person" have the meanings given in section 138(12) of the Contributions and Benefits Act;

"treated as responsible" is to be construed in accordance with section 139(13) of the Contributions and Benefits Act;

"the enhanced rate" has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulations 2006(14).".

Amendment of the Jobseeker´s Allowance Regulations

3. In Schedule 6 to the Jobseeker´s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 6B(15) insert–

"6C.–(1) £1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.

(2) 65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).

(3) This paragraph does not apply to a claimant in relation to whom regulation 3 of, and Schedule 2 to, the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003 has effect.

(4) In sub-paragraphs (1) and (2)–

"claimant" includes a partner of the claimant;

"child" and "qualifying young person" have the meanings given in section 138 of the Benefits Act;

"treated as responsible" is to be construed in accordance with section 139 of the Benefits Act;

"the enhanced rate" has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulations 2006.".

Amendment of the Housing Benefit Regulations

4. In Schedule 6 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings), after paragraph 63 add–

"64.–(1) £1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.

(2) 65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).

(3) In this paragraph–

"claimant" includes a partner of the claimant;

"child" and "qualifying young person" have the meanings given in section 138 of the Act;

"treated as responsible" is to be construed in accordance with section 139 of the Act;

"the enhanced rate" has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulations 2006.".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker´s Allowance Regulations (Northern Ireland) 1996 and the Housing Benefit Regulations (Northern Ireland) 2006 so as to disregard in the calculation of income the increase in child benefit which takes effect on 5th January 2009. The Regulations cease to have effect at the beginning of April 2009, by which time it is anticipated that personal allowances will be increased by the annual up-rating order.

In the case of income support and jobseeker´s allowance, the Regulations apply only to claimants who do not receive a child tax credit. (For those who do, child benefit is already fully disregarded.)

In so far as these Regulations are required, for the purposes of regulation 4, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, 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 Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.