HOUSING; RATES; SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations (Northern Ireland) 2001 and shall come into operation— a in relation to any particular case, on the date on which section 22 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 comes into operation in relation to that type of case (“the commencement date”); b in relation to a person who, on or after 16th February 2004— i makes a claim for income support or an income-based jobseeker’s allowance, and ii on or after the date of that claim receives any payment of child maintenance made voluntarily, on 16th February 2004; or c in relation to a person who— i on 16th February 2004 is entitled to income support or an income-based jobseeker’s allowance, and ii on or after 16th February 2004 receives any payment of child maintenance made voluntarily and that payment is the first payment of child maintenance received by that person while he is entitled to income support or an income-based jobseeker’s allowance, on 16th February 2004 if a payment referred to in head (ii) is made on that day, or on the day on which such a payment is received where it is received after 16th February 2004. 2 In this regulation— “ the Act ” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; “ the Order ” means the Child Support (Northern Ireland) Order 1991; “child maintenance” shall have the same meaning as that prescribed for the purposes of section 72A of the Social Security Administration (Northern Ireland) Act 1992; “an income-based jobseeker’s allowance” has the meaning given by Article 3(4) of the Jobseekers (Northern Ireland) Order 1995; “payment of child maintenance made voluntarily” means any payment of child maintenance other than such a payment made— under a court order; under a maintenance assessment made under the Order prior to its amendment by the Act or under a maintenance calculation made under the Order after its amendment by the Act ; under an agreement for maintenance; in accordance with Article 28J of the Order (voluntary payments); or by the Department in lieu of child maintenance, including any payment made by the Department under section 26 of the Act (temporary compensation payment scheme). 3 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Child maintenance: income support and jobseeker’s allowance 2 1 In the Income Support (General) Regulations (Northern Ireland) 1987 — a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 In the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 — a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Housing benefit 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocations and transitional provisions 4 1 Subject to paragraphs (2) to (8) – a regulations 2 to 13 of the Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996 (“the Child Maintenance Bonus Regulations ”); b the Child Maintenance Bonus (Great Britain Reciprocal Arrangements) Regulations (Northern Ireland) 1997 (“the Reciprocal Arrangements Regulations ”); c regulation 8 of the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 1997; and d regulation 2 of the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1998, are hereby revoked. 2 Subject to paragraph (6), the Reciprocal Arrangements Regulations and regulations 2 to 13 of the Child Maintenance Bonus Regulations shall continue to have effect as if paragraph (1) had not been made in relation to a person – a who – i satisfied the requirements of regulation 10 (claiming a bonus) or, as the case may be, regulation 11(4) (claims: further provisions) of the Child Maintenance Bonus Regulations , and ii satisfied the work condition in accordance with regulation 3(1)(c) of the Child Maintenance Bonus Regulations (entitlement to a bonus: the work condition), before the commencement date, but whose claim has not been determined before that date; b to whom regulation 8(1) or (2) of the Child Maintenance Bonus Regulations (retirement) applied before the commencement date but whose entitlement has not been determined before that date; c who – i satisfied the requirements of regulation 10 or, as the case may be, regulation 11(4) of the Child Maintenance Bonus Regulations , and ii satisfied the requirements of regulation 8(4) of the Child Maintenance Bonus Regulations , before the commencement date, but whose claim has not been determined before that date; or d who – i satisifed the requirements of regulation 3(1)(b) to (f) of the Child Maintenance Bonus Regulations before the commencement date, and ii satisfies the requirements of regulation 10 or, as the case may be, regulation 11(4) of the Child Maintenance Bonus Regulations on or after the commencement date. 3 Subject to paragraphs (5) and (6), the Reciprocal Arrangements Regulations and regulations 2 to 6 and 9 to 13 of the Child Maintenance Bonus Regulations shall continue to have effect as if paragraph (1) had not been made in relation to – a a person who – i satisfied the requirements of regulation 10 of the Child Maintenance Bonus Regulations before the commencement date, and ii has not satisfied the work condition in accordance with regulation 3(1)(c) of the Child Maintenance Bonus Regulations before that date; or b a person – i who has not claimed a child maintenance bonus before the commencement date, and ii to whom the provisions of paragraph (4) apply on the day immediately before the commencement date. 4 For the purposes of paragraph (3)(b)(ii), the provisions of this paragraph are that – a the person or, where the person has a partner, her partner is entitled to, or is treated as entitled to, a qualifying benefit whether it is payable or not; b the person has residing with her a qualifying child; c child maintenance is either – i paid or payable to the person, or ii retained by the Department in accordance with section 72A(3) of the Social Security Administration (Northern Ireland) Act 1992; and d the person has not satisfied the work condition in accordance with regulation 3(1)(c) of the Child Maintenance Bonus Regulations . 5 For the purposes of paragraph (3), regulation 3 of the Child Maintenance Bonus Regulations shall have effect as if in paragraph (1) – a there were inserted “no later than the day immediately before the commencement date” after – i “dies” in sub-paragraph (f)(i), and ii “has” where it first occurs in sub-paragraph (f)(ii); and b for “14 days” in sub-paragraph (f)(iii) there were substituted “one month”. 6 For the purposes of paragraphs (2) and (3), regulation 4 of the Child Maintenance Bonus Regulations (bonus period) shall have effect as if for paragraph (7) there were substituted the following paragraph – 7 A bonus period which would, but for this paragraph, have continued shall end – a where the applicant or, where the applicant has a partner, her partner, satisfies the work condition and claims a bonus, on the last day of entitlement to a qualifying benefit to which any award made on that claim applies; b on the date of death of a person with care of a qualifying child to whom child maintenance is payable; or c on the day immediately before the commencement date, whichever is the earlier. . 7 Nothing in this regulation shall prevent the Department from issuing a written statement pursuant to regulation 6(1) of the Child Maintenance Bonus Regulations (Department to issue estimates) to a person who appears to it to satisfy the requirements of regulation 3 of those Regulations. 8 For the purposes of this regulation “child maintenance” has the meaning given by regulation 1(2) of the Child Maintenance Bonus Regulations (interpretation). Sealed with the Official Seal of the Department for Social Development on 23rd January 2001. John O'Neill Senior Officer of the Department for Social Development The Department of Finance and Personnel hereby consents to regulation 3 of the foregoing Regulations. Sealed with the Official Seal of the Department of Finance and Personnel on 23rd January 2001. Brian Delaney Senior Officer of the Department of Finance and Personnel