Social Security Citation, commencement and interpretation 1 1 These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 6) Regulations (Northern Ireland) 2010 and, subject to paragraph (2), shall come into operation on 1st November 2010. 2 Regulations 2(3), 3 and 4(5), so far as they relate to a particular beneficiary come in to operation on the first day of the first benefit week to commence for that beneficiary on or after 1st November 2010. 3 In this regulation “benefit week” has the same meaning as in— a regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987 ; b regulation 1(2) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 ; and c regulation 2(1) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 . 4 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) and (3). 2 In Schedule 1B (prescribed categories of person)— a in paragraph 7(c) for “that Act” substitute “the Contributions and Benefits Act”; and b in paragraph 14(b) omit “7 weeks after the date on which her pregnancy ends where the expected week of confinement begins prior to 6th April 2003 or” and “where the expected week of confinement begins on or after 6th April 2003”. 3 In paragraph 5B of Schedule 9 (sums to be disregarded in the calculation of income other than earnings), after sub-paragraph (2) add— 3 Any increase in respect of a dependent child or dependent young person under section 80 or 90 of the Contributions and Benefits Act (increases for dependants) where— a the claimant has a child or young person who is a member of the claimant’s family for the purposes of the claimant’s claim for income support; and b the claimant, or that claimant’s partner, has been awarded a child tax credit . . Amendment of the Social Security (Claims and Payments) Regulations 3 In paragraph 1 of Schedule 8B of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (deductions of mortgage interest from benefit and payment to qualifying lenders) in the definition of “relevant benefits” — a after paragraph (b) insert— ba contribution-based jobseeker’s allowance where— i both income-based jobseeker’s allowance and contribution-based jobseeker’s allowance are in payment, and ii the income-based jobseeker’s allowance alone is insufficient for the purposes of this Schedule; ; b omit “and” after paragraph (c); and c after paragraph (d) insert— e contributory employment and support allowance where— i both income-related employment and support allowance and contributory employment and support allowance are in payment, and ii the income-related employment and support allowance alone is insufficient for the purposes of this Schedule, . Amendment of the Jobseeker’s Allowance Regulations 4 1 The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) and (5). 2 Subject to paragraph (3), in Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order),— a the following provisions are revoked— i paragraph 6(a) and (b) (member incapable of work); ii paragraph 9 (disabled students); iii paragraph 10 (deaf students), and iv paragraph 11 (blind members); b for the heading preceding paragraph 6 substitute “Member treated as capable of work, or member entitled to statutory sick pay”; and c in paragraph 6(c) for “that Act” substitute “the Benefits Act”. 3 A provision revoked or amended by paragraph (2) continues to have effect in relation to a joint-claim couple as if that revocation or amendment had not been made where, immediately before 1st November 2010— a the couple were entitled to a jobseeker’s allowance; and b that provision applied to a member of that couple. 4 Paragraph (3) ceases to apply to a joint-claim couple upon termination of the jobseeker’s allowance award to which they were entitled to immediately before 1st November 2010. 5 In paragraph 6B of Schedule 6 (sums to be disregarded in the calculation of income other than earnings), after sub-paragraph (2) add— 3 Any increase in respect of a dependent child or dependent young person under section 80 or 90 of the Benefits Act where— a the claimant has a child or young person who is a member of the claimant’s family for the purposes of the claimant’s claim for income-based jobseeker’s allowance; and b the claimant, or that claimant’s partner, has been awarded a child tax credit. . Amendment of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 5 In the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996 in— a regulation 2(1) (interpretation) in the definition of “recoupable benefit”; b regulation 4(1) and (8) (duties of the industrial tribunals and of the secretary of the tribunals in respect of monetary awards); c regulation 8(1), (2)(b) and (3)(b) (recoupment of benefit); and d regulation 10(1) and (2) (provisions relating to determination of amount paid by way of or paid as on account of benefit), after “allowance” insert “, income-related employment and support allowance”. Amendment of the Employment and Support Allowance Regulations 6 1 The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended in accordance with paragraphs (2) and (3). 2 In regulation 106(2) (notional income – deprivation and income on application) after sub- paragraph (ga) insert— gb any sum to which regulation 137(4A) (treatment of student loans) applies; . 3 In regulation 137 (treatment of student loans)— a in paragraph (4)(b) before “the student” insert “subject to paragraph (4A)”; and b after paragraph (4) insert— 4A A student is not to be treated as possessing any part of a student loan which has not been paid to that student in respect of an academic year where the educational institution at which the student was attending a course has confirmed in writing that the student has suspended attendance at the course due to a health condition or disability that renders the student incapable of continuing that course. . Amendment of the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 7 In regulation 8 of the Social Security (Incapacity Benefit Work-focused Interviews) Regulations (Northern Ireland) 2008 (consequences of a failure to take part in a work-focused interview) — a in paragraph (1)(a) before “50 per cent”; and b in paragraph (1)(b) and (12)(c) after “by”, insert “an amount equivalent to”. Sealed with the Official Seal of the Department for Social Development on 7 October 2010 (L.S.) Anne Mc Cleary A senior officer of the Department for Social Development