HOUSING; RATES; SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2004. 2 These Regulations shall come into operation for the purposes of – a regulations 1 to 5, on 1st April 2004; b regulation 6, on 5th April 2004; c regulation 8, on 6th April 2004; d regulation 7, on 12th April 2004; and e regulation 9, in so far as it relates to a claimant for income support or, as the case may be, a jobseeker’s allowance, on the first day of the first benefit week to commence for that claimant on or after 12th April 2004. 3 In paragraph (2)(e) “benefit week” has the same meaning as in – a regulation 2(1) of the Income Support Regulations , in so far as that paragraph relates to a claimant for income support; and b regulation 1(2) of the Jobseeker’s Allowance Regulations , in so far as that paragraph relates to a claimant for a jobseeker’s allowance. 4 In these Regulations – ... “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 an Act of the Assembly. Amendment of the Income Support Regulations in relation to income and capital disregards 2 1 The Income Support Regulations shall be amended in accordance with paragraphs (2) to (4). 2 In regulation 2(1) (interpretation) the definition of “ ERA payment” shall be omitted. 3 In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) – a for paragraph 13 there shall be substituted the following paragraph – 13 1 Any payment made pursuant to section 1 or 3 of the Employment and Training Act (Northern Ireland) 1950 except a payment – a made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance; b of an allowance referred to in section 1(1B) of the Employment and Training Act (Northern Ireland) 1950; c intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects; or d made in respect of the cost of living away from home to the extent that the payment relates to rent or rates or, as the case may be, both for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home. 2 The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 17(1)(e) (applicable amounts) or 18(1)(f) (polygamous marriages), of the claimant or, where the claimant is a member of a family, any other member of his family. 3 For the purposes of this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities. ; b in paragraph 51 omit from “or in accordance with” to “Act (Northern Ireland) 1950”; c in paragraph 68 omit from “or any payment” to “Act (Northern Ireland) 1950”; d paragraphs 60, 60A, 61 and 64 and 73 shall be omitted. 4 In Schedule 10 (capital to be disregarded) – a for paragraph 30 there shall be substituted the following paragraph – 30 Any payment made pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950, but only for the period of 52 weeks beginning on and including the date of receipt of the payment. ; b in paragraph 42 omit – i “, or a training bonus paid under section 3(3) of the Employment and Training Act (Northern Ireland) 1950”, and ii from “or in accordance with” to “Act (Northern Ireland) 1950”; c paragraphs 48, 48A, 49, 51 and 65 shall be omitted. Amendment of the Housing Benefit Regulations in relation to income and capital disregards 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Jobseeker’s Allowance Regulations in relation to income and capital disregards 4 1 The Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) to (4). 2 In regulation 1(2) (interpretation) the definition of “ERA payment” shall be omitted. 3 In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) – a for paragraph 14 there shall be substituted the following paragraph – 14 1 Any payment made pursuant to section 1 or 3 of the Employment and Training Act (Northern Ireland) 1950 except a payment – a made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance; b of an allowance referred to in section 1(1B) of the Employment and Training Act (Northern Ireland) 1950; c intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects; or d made in respect of the cost of living away from home to the extent that the payment relates to rent or rates or, as the case may be, both for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home. 2 The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs), of the claimant or, where the claimant is a member of a family, any other member of his family. 3 For the purposes of this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities. ; b in paragraph 50 omit from “or in accordance with” to “Act (Northern Ireland) 1950”; c paragraphs 58, 58A, 59, 62 and 69 shall be omitted. 4 In Schedule 7 (capital to be disregarded) – a for paragraph 32 there shall be substituted the following paragraph – 32 Any payment made pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950, but only for the period of 52 weeks beginning on and including the date of receipt of the payment. ; b in paragraph 40 omit – i “, or a training bonus under section 3(3) of the Employment and Training Act (Northern Ireland) 1950”, and ii from “or in accordance with” to “Act (Northern Ireland) 1950”; c paragraphs 43, 43A, 44, 46 and 58 shall be omitted. Amendment of the Jobseeker’s Allowance Regulations in relation to residential allowance 5 1 The Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) and (3). 2 In regulation 86C (joint-claim couples: special cases) – a in paragraph (1) for “Subject to paragraph (2A), where” there shall be substituted “Where”; b paragraph (2A) shall be omitted; c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In Schedule 4A (applicable amounts of joint-claim couples in special cases) paragraph 6 (joint-claim couples and members of polygamous marriages where one member is, or all are, temporarily in accommodation provided by a Health and Social Services Board or an HSS trust) shall be omitted. Amendment of the Social Security (Work-focused Interviews for Lone Parents) Regulations 6 In regulation 1(1) of the Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001 (citation, commencement and interpretation), for sub-paragraph (f) there shall be substituted the following sub-paragraph – f subject to the preceding sub-paragraphs, come into operation on 5th April 2004 in respect of a lone parent who on that date is entitled to income support and is responsible for and living in the same household as a child. . Amendment of the Social Security (Overlapping Benefits) Regulations 7 In regulation 8(2)(b) and (3) (child benefit) of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 for “£3·50” there shall be substituted “£3·65”. Amendment of the Housing Benefit Regulations in relation to working tax credit and child tax credit 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sealed with the Official Seal of the Department for Social Development on 26th March 2004. John O'Neill A senior officer of the Department for Social Development The Department of Finance and Personnel hereby consents to regulations 3 and 8 of the foregoing Regulations. Sealed with the Official Seal of the Department of Finance and Personnel on 29th March 2004. Ciaran Doran A senior officer of the Department of Finance and Personnel