The Child Benefit and Social Security (Fixing and Adjustment of Rates) (Amendment) Regulations (Northern Ireland) 1998

Link to law: http://www.legislation.gov.uk/nisr/1998/239/made/data.htm?wrap=true
Published: 1998-07-02

Statutory Rules of Northern Ireland
1998 No. 239

SOCIAL SECURITY
The Child Benefit and Social Security (Fixing and Adjustment of Rates) (Amendment) Regulations (Northern Ireland) 1998

Made
2nd July 1998

Coming into operation
6th July 1998

The Department of Health and Social Services, in exercise of the powers conferred on it by Articles 68(1) and 74(1) and (3) to (5) of the Social Security (Northern Ireland) Order 1998(1) and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations, which may be cited as the Child Benefit and Social Security (Fixing and Adjustment of Rates) (Amendment) Regulations (Northern Ireland) 1998, shall come into operation on 6th July 1998.

(2) In these Regulations—

“the 1987 Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(2);

“the 1996 Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(3);

“the principal Regulations” means the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976(4).

Amendment of the principal Regulations

2.  Subject to regulations 3 and 4 (persons ceasing to receive specified benefits and transitional provisions and savings), in regulation 2 of the principal Regulations (weekly rates of child benefit)—

(a)in paragraph (1)(a)(5)—

(i)in head (i) “(not being a child to whom head (ii) applies)” shall be omitted;

(ii)head (ii) shall be omitted;

(b)in paragraph (2ZB)(6) “or (ii)” shall be omitted;

(c)in paragraph (2A)(7) “Subject to paragraph (2AB),” and “(“A”)” shall be omitted;

(d)paragraphs (2), (2AB)(8) and (4)(c) shall be omitted.

Persons ceasing to receive specified benefits

3.—(1) Where a lone parent—

(a)is, on 5th July 1998, in receipt of any of the specified benefits to which regulation 2(5) of the principal Regulations refers and in consequence is entitled to child benefit only at the rate specified in regulation 2(1)(a)(i) of those Regulations;

(b)ceases on or after 6th July 1998 to receive the specified benefit; and

(c)applies for the higher rate of child benefit within one month of ceasing to receive the specified benefit,

regulation 2 of the principal Regulations shall continue to have effect in his case as though regulation 2 of these Regulations had not been made, but only for so long as the lone parent continuously satisfies the conditions for entitlement to the higher rate of child benefit and the higher rate continues to exceed the rate for the time being specified in regulation 2(1)(a)(i) of the principal Regulations(9).

(2) In this regulation and regulation 4 “the higher rate of child benefit” means the rate of child benefit specified in regulation 2(1)(a)(ii) of the principal Regulations, as in operation on 5th July 1998.

Transitional provisions and savings

4.—(1) Where—

(a)on 5th July 1998, a lone parent is in receipt of the higher rate of child benefit;

(b)on or before 5th July 1998, a lone parent has made a claim for child benefit or has applied for a review of an award to secure that the higher rate of child benefit is paid in his case and that higher rate is payable for the week which includes 5th July 1998;

(c)on or after 6th July 1998, a lone parent claims child benefit and—

(i)satisfies the entitlement conditions for the higher rate of child benefit;

(ii)the claim is made within 3 months of entitlement to the higher rate of child benefit first arising on that claim, and

(iii)that rate of child benefit is payable for the week which includes 5th July 1998; or

(d)child benefit is already in payment to a lone parent on 5th July 1998 but at the rate specified in regulation 2(1)(a)(i) of the principal Regulations and on or after 6th July 1998—

(i)that parent applies for a review of that award and satisfies the entitlement conditions in regulation 2 of the principal Regulations for the higher rate of child benefit;

(ii)the application is received within one month of entitlement to the higher rate of child benefit first arising, and

(iii)that rate of child benefit is payable for the week which includes 5th July 1998,

regulation 2 of the principal Regulations shall continue to have effect in his case as though regulation 2 of these Regulations had not been made, but only for so long as the lone parent continuously satisfies the conditions for entitlement to the higher rate of child benefit and the higher rate continues to exceed the rate for the time being specified in regulation 2(1)(a)(i) of the principal Regulations.

(2) Subject to paragraph (3), paragraph (4) applies to a lone parent who is in receipt of income support or an income-based jobseeker’s allowance (“the relevant benefit”) and his applicable amount includes—

(a)a family premium under either—

(i)paragraph 3(1)(a)(10) of Schedule 2 to the 1987 Regulations, or

(ii)paragraph 4(1)(a)(11) of Schedule 1 to the 1996 Regulations;

(b)a pensioner premium under either—

(i)paragraph 9(12), 9A or 10(13) of Schedule 2 to the 1987 Regulations, or

(ii)paragraph 10 or 12 of Schedule 1 to the 1996 Regulations; or

(c)a disability premium under either—

(i)paragraph 11(14) of Schedule 2 to the 1987 Regulations, or

(ii)paragraph 13 of Schedule 1 to the 1996 Regulations,

on the date he ceases to be in receipt of the relevant benefit.

(3) Where a person’s applicable amount includes either a pensioner premium or a disability premium in accordance with the provisions specified in paragraph 2(b) or (c) on the date he ceases to be in receipt of the relevant benefit, paragraph (4) shall only apply where—

(a)that person was a lone parent on 5th April 1998; and

(b)his applicable amount on 5th April 1998 included any of the premiums referred to in paragraph (2).

(4) In the case of a lone parent to whom this paragraph applies and who—

(a)was on 5th July 1998 in receipt of child benefit at the rate specified in regulation 2(1)(a)(i) of the principal Regulations;

(b)ceases to receive the relevant benefit upon entering paid employment; and

(c)applies for a review of the award of child benefit within one month of his ceasing to receive the relevant benefit,

regulation 2 of the principal Regulations shall continue to have effect with respect to his first application for a review of the award of child benefit made on or after 6th July 1998, as though regulation 2 of these Regulations had not been made and where the higher rate of child benefit is payable in consequence of that review, it shall be so payable from Monday in the week the lone parent enters paid employment, but only for so long as the lone parent continuously satisfies the conditions for entitlement to the higher rate of child benefit and the higher rate continues to exceed the rate for the time being specified in regulation 2(1)(a)(i) of the principal Regulations.

Sealed with the Official Seal of the Department of Health and Social Services on

L.S.
John O'Neill
Assistant Secretary
2nd July 1998.

Explanatory Note

(This note is not part of the Regulations.)
These Regulations, with exceptions, amend the Child Benefit (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976 (“the 1976 Regulations”) so as to rovoke the conditions for entitlement to the higher rate of child benefit for a lone parent.
Provision is made for lone parents who cease to be in receipt of certain benefits specified in the 1976 Regulations after these Regulations come into operation and who claim child benefit at the higher rate within one month of ceasing to receive the specified benefit, to be entitled to the higher rate of child benefit while they continuously satisfy the conditions for that higher rate.
Transitional provisions preserve a person’s entitlement to the higher rate of child benefit where—
(a)the parent is in receipt of the higher rate of child benefit on 5th July 1998 (“the date”);
(b)on or before the date, the parent has claimed child benefit or applied for child benefit at the higher rate and it is payable on the date;
(c)the parent claims child benefit within 3 months of becoming entitled to that rate and child benefit is payable on the date;
(d)the parent is in receipt of child benefit but not at the higher rate and in consequence of a review is entitled to the higher rate and it is payable on the date, provided that the parent applies for the review within one month of becoming so entitled; or
(e)the parent is receiving either income support or an income-based jobseeker’s allowance (“the relevant benefit”) and his applicable amount includes a family premium at the lone parent rate, a pensioner premium or a disability premium when the relevant benefit ends, where the premium is a disability or a pensioner premium it was included in his applicable amount on 5th April 1998 and on starting work he applies for a review of an award of child benefit within one month of ceasing to receive the relevant benefit,
but only for so long as he continuously satisfies the conditions for an award of child benefit at the higher rate.
These Regulations are made under Article 68 of the Social Security (Northern Ireland) Order 1998 which was brought into operation on 1st July 1998 by virtue of Article 1(3) of that Order. The Regulations are made within 6 months of the coming into operation of Article 68 and accordingly are exempt by virtue of section 150(5)(a) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) from referral to the Social Security Advisory Committee.

(1)
S.I. 1998/1506 (N.I. 10)

(2)
S.R. 1987 No. 459; relevant amending rules are S.R. 1988 Nos. 146 and 318, S.R. 1989 No. 139, S.R. 1992 No. 147, S.R. 1996 No. 288 and S.R. 1998 Nos. 59 and 112

(3)
S.R. 1996 No. 198; relevant amending rules are S.R. 1996 No. 288 and S.R. 1998 Nos. 59 and 112

(4)
S.R. 1976 No. 223; relevant amending rules are S.R. 1977 No. 248, S.R. 1980 No. 37, S.R. 1991 No. 82, S.R. 1996 No. 288 and S.R. 1998 No. 59

(5)
Paragraph (1) was substituted by regulation 2(2) of S.R. 1977 No. 248 and amended by regulation 2(a) of S.R. 1991 No. 82, regulation 2(2) of S.R. 1996 No. 288 and article 13 of S.R. 1998 No. 59

(6)
Paragraph (2ZB) was inserted by regulation 2(b) of S.R. 1991 No. 82 and amended by regulation 2(2)(d) of S.R. 1996 No. 288

(7)
Paragraph (2A) was inserted by regulation 2(c) of S.R. 1980 No. 37 and substituted by regulation 2(2)(e) of S.R. 1996 No. 288

(8)
Paragraph (2AB) was inserted by regulation 2(2)(e) of S.R. 1996 No. 288

(9)
See S.R. 1998 No. 59; article 13 for current rates of benefit

(10)
Paragraph 3 was amended by regulation 18 of S.R. 1998 No. 318, regulation 5(4) of S.R. 1996 No. 288 and regulation 8 of S.R. 1998 No. 112

(11)
Paragraph 4 was amended by regulation 9(4)(a) of S.R. 1996 No. 288 and regulation 10 of S.R. 1998 No. 112

(12)
Paragraph 9 was substituted by, and paragraph 9A inserted by, regulation 5(a) of S.R. 1989 No. 139

(13)
Paragraph 10 was amended by regulation 30(a) of S.R. 1988 No. 146 and regulation 10 of S.R. 1992 No. 147

(14)
Paragraph 11 was amended by regulation 30(b) of S.R. 1988 No. 146
Read Entire Law on www.legislation.gov.uk