SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Social Security (Child Maintenance Amendments) Regulations (Northern Ireland) 2008 and, subject to paragraphs (2) and (3), shall come into operation on 27th October 2008. 2 In so far as they relate to a particular beneficiary, these Regulations shall come into operation on the first day of the benefit week for that beneficiary that includes 27th October 2008. 3 Regulations 2(8) and 3(8) shall come into operation immediately after regulation 4 has come into operation. 4 In this regulation “benefit week” has the same meaning as in— a regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987 , so far as it relates to regulation 2, and b regulation 1(2) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 , so far as it relates to regulation 3. 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 (General) Regulations 2 1 The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (9). 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In regulation 25 for “(liable relatives)” substitute “(child maintenance and liable relative payments)”. 4 Omit— a regulation 25A (child support); b regulation 60 (liable relative payments to be treated as capital), and c in Part 5 the whole of Chapter 7A (child support). 5 In Part 5 for the heading to Chapter 7 (liable relatives), substitute “child maintenance and liable relative payments”. 6 In regulation 54 (interpretation)— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b after the definition of “claimant” insert— “claimant’s family” shall be construed in accordance with section 133(1) of the Contributions and Benefits Act (interpretation of Part 7 and supplementary provisions); “housing costs” means, those costs which may be met under regulation 17(1)(e) or 18(1)(f) (housing costs); ; c in the definition of “liable relative” in paragraph (d) for “by virtue of Article 27(3)(c) of the Order (liability to maintain)” substitute “in the circumstances set out in section 74(6)(c) of the Social Security Administration (Northern Ireland) Act 1992 (liability to maintain another person)”; d after the definition of “liable relative” insert— “ordinary clothing and footwear” means clothing and footwear for normal daily use but does not include school uniforms; ; e in the definition of “payment” — i omit “including, except in the case of a discretionary trust, any payment which would be so made or derived upon application being made by the claimant but which has not been acquired by him but only from the date on which it could be expected to be acquired were an application made;”; ii for paragraph (e) substitute— made to a third party, or in respect of a third party, unless the payment is— in relation to the claimant or the claimant’s family, and the payment is in respect of food, ordinary clothing or footwear, fuel, rent, housing costs or water charges; , and f in the definition of “periodical payment”— i in paragraph (a) omit “in pursuance of a court order or agreement for maintenance”, and ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 In regulation 55 (treatment of liable relative payments) for “except where regulation 60(1) (liable relative payments to be treated as capital) applies” substitute “paragraph 69 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings)”. 8 For regulation 57 (period over which payments other than periodical payments are to be taken into account) substitute— Period over which payments other than periodical payments are to be taken into account 57 1 The period over which a payment other than a periodical payment (a “non-periodical payment”) is to be taken account shall be determined as follows. 2 Except in a case where paragraph (4) applies, the number of weeks over which a non-periodical payment is to be taken into account shall be equal to the number obtained by dividing that payment by the amount referred to in paragraph (3). 3 The amount is the aggregate of £2 and— a the amount of income support that would be payable had no payment been made, and b where applicable, the maximum amount of disregard that would apply to the payment under paragraph 69 of Schedule 9. 4 This paragraph applies in a case where a liable relative makes a periodical payment and a non-periodical payment concurrently and the weekly amount of the periodical payment (as calculated in accordance with regulation 58) is less than B. 5 In a case where paragraph (4) applies, the non-periodical payment shall, subject to paragraphs (6) and (7), be taken into account over a period of the number of weeks equal to the number obtained by applying the formula— A B - C 6 If the liable relative ceases to make periodical payments, the balance (if any) of the non-periodical payment shall be taken into account over the number of weeks equal to the number obtained by dividing that balance by the amount referred to in paragraph (3). 7 If the amount of any subsequent periodical payment varies, the balance (if any) of the non-periodical payment shall be taken into account over a period of the number of weeks equal to the number obtained by applying the formula— D B - E 8 The period under paragraph (2) or (4) shall begin on the date on which the payment is treated as paid under regulation 59 (date on which a child maintenance or liable relative payment is to be treated as paid) and the period under paragraphs (6) and (7) shall begin on the first day of the benefit week in which the cessation or variation of the periodical payment occurred. 9 Any fraction which arises by applying a calculation or formula referred to in this regulation shall be treated as a corresponding fraction of a week. 10 In paragraphs (4) to (7)— A = the amount of the non-periodical payment; B = the aggregate of £2 and the amount of income support that would be payable had the periodical payment not been made and, where applicable, the maximum disregard under paragraph 69 of Schedule 9; C = the weekly amount of the periodical payment; D = the balance (if any) of the non-periodical payment, and E = the weekly amount of any subsequent periodical payment. . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Jobseeker’s Allowance Regulations 3 1 The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) to (9). 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In regulation 89 for “(liable relatives)” substitute “(child maintenance and liable relative payments)”. 4 Omit— a regulation 90 (child support); b regulation 124 (liable relative payments to be treated as capital), and c in Part 8 the whole of Chapter 8 (child support). 5 In Part 8 for the heading to Chapter 7 (liable relatives), substitute “child maintenance and liable relative payments”. 6 In regulation 117 (interpretation)— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b after the definition of “claimant” insert— “claimant’s family” shall be construed in accordance with Article 2(2) (interpretation) of the Jobseekers (Northern Ireland) Order 1995; “housing costs” means those costs which may be met under regulation 83(f) or 84(1)(g) (housing costs); ; c after the definition of “liable relative” insert— “ordinary clothing and footwear” means clothing and footwear for normal daily use but does not include school uniforms; ; d in the definition of “payment” — i omit “including, except in the case of a discretionary trust, any payment which would be so made or derived upon application being made by the claimant but which has not been acquired by him, but only from and including the date on which it could be expected to be acquired were an application made;”; ii for paragraph (e) substitute— made to a third party, or in respect of a third party, unless the payment is— in relation to the claimant or the claimant’s family, and the payment is in respect of food, ordinary clothing or footwear, fuel, rent, housing costs or water charges; , and e in the definition of “periodical payment”— i in paragraph (a) omit “in pursuance of a court order or agreement for maintenance”, and ii in paragraph (c) for “not exceeding” substitute “after the appropriate disregard under paragraph 66 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) has been applied to it, that does not exceed”. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 For regulation 121 (period over which payments other than periodical payments are to be taken into account) substitute— Period over which payments other than periodical payments are to be taken into account 121 1 The period over which a payment other than a periodical payment (a “non-periodical payment”) is to be taken account shall be determined as follows. 2 Except in a case where paragraph (4) applies, the number of weeks over which a non-periodical payment is to be taken into account shall be equal to the number obtained by dividing that payment by the amount referred to in paragraph (3). 3 The amount is the aggregate of £2 and— a the amount of jobseeker’s allowance that would be payable had no payment been made, and b where applicable, the maximum amount of disregard that would apply to the payment under paragraph 66 of Schedule 6. 4 This paragraph applies in a case where a liable relative makes a periodical payment and a non-periodical payment concurrently and the weekly amount of the periodical payment (as calculated in accordance with regulation 122) is less than B. 5 In a case where paragraph (4) applies, the non-periodical payment shall, subject to paragraphs (6) and (7), be taken into account over a period of the number of weeks equal to the number obtained by applying the formula— A B - C 6 If the liable relative ceases to make periodical payments, the balance (if any) of the non-periodical payment shall be taken into account over the number of weeks equal to the number obtained by dividing that balance by the amount referred to in paragraph (3). 7 If the amount of any subsequent periodical payment varies, the balance (if any) of the non-periodical payment shall be taken into account over a period of the number of weeks equal to the number obtained by applying the formula— D B - E 8 The period under paragraph (2) or (4) shall begin on the date on which the payment is treated as paid under regulation 123 (date on which a child maintenance or liable relative payment is to be treated as paid) and the period under paragraphs (6) and (7) shall begin on the first day of the benefit week in which the cessation or variation of the periodical payment occurred. 9 Any fraction which arises by applying a calculation or formula referred to in this regulation shall be treated as a corresponding fraction of a week. 10 In paragraphs (4) to (7)— A = the amount of the non-periodical payment; B = the aggregate of £2 and the amount of jobseeker’s allowance that would be payable had the periodical payment not been made and, where applicable, the maximum disregard under paragraph 66 of Schedule 6; C = the weekly amount of the periodical payment; D = the balance (if any) of the non-periodical payment, and E = the weekly amount of any subsequent periodical payment. . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations 4 1 The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003 are amended in accordance with paragraphs (2) and (3). 2 In Schedule 1 (amendments to the income support regulations) omit paragraph 15. 3 In Schedule 2 (amendments to jobseeker’s allowance regulations) omit paragraph 15. Revocations 5 The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3). Sealed with the Official Seal of the Department for Social Development on 2nd October 2008 (L.S.) John O’Neill A senior officer of the Department for Social Development