Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Social Security Benefit (Computation of Earnings) (Amendment) Regulations (Northern Ireland) 2007.

(2) This regulation and regulations 2(1) and 2(4)(b) shall come into force on 1st October 2007.

(3) Regulations 2(2) and (3), in so far as they relate to a particular beneficiary, shall come into force on the first day of the first benefit week commencing for that beneficiary on or after 1st October 2007.

(4) Regulation 2(4)(a), in so far as it relates to a particular beneficiary, shall come into force on the first day of the first benefit week commencing for that beneficiary on or after 7th April 2008.

(5) In these Regulations—

“benefit week” has the meaning given in regulation 2(1) of the Computation of Earnings Regulations;

“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996( 2 ).

Amendment of the Computation of Earnings Regulations

2. —(1) The Computation of Earnings Regulations are amended as follows.

(2) In regulation 12 (earnings of self-employed earners)—

(a) in paragraph (1)—

(i) omit “Subject to paragraph (2),” and

(ii) for “ “earnings” ” substitute “ “Earnings” ”; and

(b) omit paragraph (2).

(3) In regulation 13 (calculation of net profit of self-employed earners)( 3 )—

(a) at the end of sub-paragraph (6)(f), for “entertainment.” substitute “entertainment;”; and

(b) after sub-paragraph (6)(f) insert—

“ (g) where the claimant provides accommodation to another person in the dwelling the claimant occupies as his home, any expenses defrayed by the claimant in providing the accommodation to that person (including any expenses defrayed in providing board as well as lodging). ” .

(4) In Schedule 1 (sums to be disregarded in the calculation of earnings)—

(a) for paragraphs 2(a) and (b) substitute—

“ (a) where the aggregate of any payments made in respect of any one week in respect of the occupation of that dwelling by that person or a member of his family, or by that person and a member of his family, is less than £20, the whole of that amount; or

(b) where the aggregate of any such payments is £20 or more per week, £20. ” ; and

(b) after paragraph 11 insert—

“ 11A. —(1) Any earnings, other than items to which sub-paragraph (2) applies, paid or due to be paid from the claimant’s employment as an employed earner which ended before the day in respect of which the claimant first satisfies the conditions for entitlement to the benefit, pension or allowance to which the claim relates.

(2) This sub-paragraph applies to—

(a) any payment by way of occupational or personal pension; and

(b) except in a case where the claimant’s employment terminated by reason of retirement at a time when he had attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995 ( 4 ) —

(i) any payment or remuneration of the nature described in regulation 9(1)(e) or (j) ( 5 ) , and

(ii) any award or sum of the nature described in regulation 9(1)(g) or (h) (including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings).

(3) Sub-paragraph (1) is subject to the following provisions.

(4) Sub-paragraph (1) does not apply in relation to a claim for, or an award of, incapacity benefit (within the meaning given by paragraph 11 of Schedule 4 to the Welfare Reform Act (Northern Ireland) 2007 ( 6 ) ) or severe disablement allowance (also within the meaning given by that paragraph).

(5) Sub-paragraph (1) applies in relation to a claim for an increase in benefit under Part IV of the Contributions and Benefits Act (increases in respect of dependants) only in a case where—

(a) the spouse or partner or other adult in respect of whom that claim is made was in employment as an employed earner, but

(b) that employment ended before the day referred to in sub-paragraph (1). ” .

Dave Watts

Steve McCabe

Two of the Lords Commissioners of Her Majesty’s Treasury

7th September 2007

The Department for Social Development concurs.

Sealed with the Official Seal of the Department for Social Development

John O’Neill

A Senior Officer of the Department for Social Development

3rd September 2007