Social Security Legislation (Benefits) (Application) (Amendment) (No. 2) Order 2017

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1 Soial Seurity Legislation (Benefits) (Appliation) (Amendment) (No. 2) Order 2017 Index SOCIAL SECURITY LEGISLATION (BENEFITS) (APPLICATION) (AMENDMENT) (NO. 2) ORDER 2017 Index Artile Page PART 1 INTRODUCTION 3 1 Title Commenement Soial Seurity Legislation (Appliation) (No. 8) Order 1996 amended Interpretation... 4 PART 2 REMUNERATIVE WORK 4 5 Regulation 1 amended Regulation 3D amended Regulation 3E amended Regulation 5 amended... 5 PART 3 PRE-SCHOOL CREDIT 5 9 Shedule 5 amended... 5 PART 4 BENEFIT RUN ON 6 10 Revoations... 6 PART 5 SAVINGS 7 11 Savings... 7 SD No. 2017/0203 Page 1

3 Soial Seurity Legislation (Benefits) (Appliation) (Amendment) (No. 2) Order 2017 Artile 1 Statutory Doument No. 2017/0203 Soial Seurity At 2000 SOCIAL SECURITY LEGISLATION (BENEFITS) (APPLICATION) (AMENDMENT) (NO. 2) ORDER 2017 Approved by Tynwald: 18 July 2017 Coming into Operation in aordane with artile 2 The Treasury makes the following Order under setion 1 of the Soial Seurity At PART 1 INTRODUCTION 1 Title This Order is the Soial Seurity Legislation (Benefits) (Appliation) (Amendment) (No. 2) Order Commenement If approved by Tynwald, this Order omes into operation for the purposes of artile 3 (insofar as it relates to Part 2) and Part 2, on 5 November 2017; for the purposes of artile 3 (insofar as it relates to Part 3) and Part 3, on 1 September 2017; and for all other purposes, on the day after it is approved by Tynwald 1. 3 Soial Seurity Legislation (Appliation) (No. 8) Order 1996 amended (1) The Shedule 2 to the Soial Seurity Legislation (Appliation) (No. 8) Order is amended in aordane with Parts 2 to 4. 1 Under setion 2(1) of the Soial Seurity At 2000 an order under setion 1(1) or (6) of that At shall be laid before Tynwald as soon as may be after it is made and unless it is approved by Tynwald at the sitting at whih it is laid or the next following sitting, it eases to have effet, but without prejudie to anything done under it or the making of a new order. 2 The Shedule sets out the Jobseeker s Allowane Regulations 1996 (S.I. 1996/207) as they have effet in the Island. SD No. 2017/0203 Page 3

4 Artile 4 Soial Seurity Legislation (Benefits) (Appliation) (Amendment) (No. 2) Order 2017 (2) Part 4 is subjet to Part 5. 4 Interpretation In Parts 2 to 5 referene to a numbered regulation or Shedule is to the entry relating to the regulation of, or Shedule to, the Jobseeker s Allowane Regulations 1996 bearing that number as set out in the Soial Seurity Legislation (Appliation) (No. 8) Order PART 2 REMUNERATIVE WORK 5 Regulation 1 amended In regulation 1 (itation, ommenement and interpretation), in paragraph (3) in the appropriate plae in the alphabetial order insert the following definition «share fisherman has the meaning presribed in regulation 156;». 6 Regulation 3D amended (1) Regulation 3D 4 (further irumstanes in whih a joint-laim ouple may be entitled to a joint-laim jobseeker s allowane) is amended as follows. (2) In paragraph (1) in sub-paragraph 5 for (f) substitute «(da)»; and in sub-paragraph () 6 for 1(2)(h) substitute «1(2)(da) and (h)». (3) In paragraph (4) 7, immediately before sub-paragraph insert «(aa) was engaged in remunerative work insofar as he was engaged in employment as (i) (ii) (iii) a self-employed earner; a ompany diretor; or a share fisherman;». 7 Regulation 3E amended (1) Regulation 3E 8 (entitlement of a member of a joint-laim ouple to a jobseeker s allowane without a laim being made jointly by the ouple) is amended as follows. 3 SD 634/96. 4 Regulation 3D was inserted by S.I. 2000/1978 (see SD 41/01). 5 Sub-paragraph was amended by SD 2015/ Subparagraph () was substituted by S.I. 2001/518 (see SD 558/01) and amended by SD 2015/ Paragraph (4) was amended by Part 3 of SD 2015/ Regulation 3E was inserted by S.I. 2000/1978 (see SD 41/01). Page 4 SD No. 2017/0203

5 Soial Seurity Legislation (Benefits) (Appliation) (Amendment) (No. 2) Order 2017 Artile 8 (2) In paragraph (1) 9 for (f) substitute «(da)». (3) In paragraph (2) 10 after paragraph (f) insert «(fa) who is engaged, or has agreed to be engaged, in remunerative work for 16 hours or more per week but less than 24 hours per week insofar as he is engaged in employment as (i) (ii) (iii) a self-employed earner; a ompany diretor; or a share fisherman;». 8 Regulation 5 amended In regulation 5 (exeptions to requirement to be available immediately: arers, voluntary workers, persons providing a servie and persons under an obligation to provide notie), in paragraph (3) 11 after earner s employment insert «and is not engaged in remunerative work insofar as he is engaged in employment as a ompany diretor». PART 3 PRE-SCHOOL CREDIT 9 Shedule 5 amended In Shedule 5 (appliable amounts in speial ases), in paragraph 16A 12, for olumn (2), substitute «16A. (1) The amount appliable to the laimant under Part VII plus the atual ost of the hild are harges being inurred and if the irumstanes speified in sub-paragraph (2) apply, after taking into aount a dedution of amount PSC in respet of the weekly hild are harges being inurred for any hild referred to in that sub-paragraph, but subjet to a maximum of in the ase of a lone parent whose family inludes only one hild in respet of whom suh harges are being inurred, per week; in the ase of any other lone parent, per week. (2) The irumstanes are that 9 Paragraph (1) was amended by SD 2015/ Paragraph (2) was amended by SD 2015/ Paragraph (3) was amended by SD 2015/ Paragraph 16A was substituted by SD 135/04 and amended by SD 988/11. SD No. 2017/0203 Page 5

6 Artile 10 Soial Seurity Legislation (Benefits) (Appliation) (Amendment) (No. 2) Order 2017 () the laimant is provided with one or more pre-shool redits by the Department of Eduation and Children pursuant to setion 34 of the Eduation At 2001 (of Tynwald) for the purpose of meeting hild are harges being inurred for a hild in respet of an aademi year; the laimant is inurring relevant hild are harges in the period to whih the laim relates in respet of that hild; and the period to whih the laim relates falls in the aademi year referred to in paragraph. (3) For the purposes of sub-paragraph (1), PSC is alulated in aordane with the formula PSC = V/43. (4) In the formula in sub-paragraph (3), V means the value of the pre-shool redit or redits provided to the laimant referred to in sub-paragraph (2). (5) If the alulation of PSC in aordane with sub-paragraph (3) results in a fration of a penny, disregard that fration.». PART 4 BENEFIT RUN ON 10 Revoations The following provisions (whih all relate to the benefit run-on ) are revoked () (d) (e) (f) regulation 14(1)(oo) 13 (irumstanes in whih a person is to be treated as available for employment); regulation 53(2) to (2C) 14 (persons treated as not engaged in remunerative work); paragraph 16AA 15 in olumns (1) and (2) of Shedule 5 (appliable amounts in speial ases); paragraph 11A 16 in olumns (1) and (2) of Shedule 5A (appliable amounts for joint-laim ouples in speial ases); paragraph 3A 17 of Shedule 6 (sums to be disregarded in the alulation of earnings); paragraph 1A 18 of Shedule 6A 19 (sums to be disregarded in the alulation of earnings of members of joint-laim ouples); 13 Regulation 14(1)(oo) was inserted by S.I. 1999/3087 (SD 369/00). 14 Regulation 53(2) to (2C) was inserted by SD 796/ Paragraph 16AA was inserted by SD 796/ Paragraph 11A was inserted by SD 796/ Paragraph 3A was inserted by SD 796/03. Page 6 SD No. 2017/0203

7 Soial Seurity Legislation (Benefits) (Appliation) (Amendment) (No. 2) Order 2017 Artile 11 (g) (h) paragraph 43A 20 of Shedule 7 21 (sums to be disregarded in the alulation of inome other than earnings); and paragraph 19A 22 of Shedule 8 23 (apital to be disregarded). PART 5 SAVINGS 11 Savings (1) This artile applies to a person (P) to whom regulation 53(2) applies immediately before this Order omes into operation. (2) If this artile applies to P, the provisions revoked by Part 4 ontinue to have effet as if they were not so revoked until the end of the period speified in regulation 53(2A). MADE 21 JUNE 2017 A L CANNAN Minister for the Treasury 18 Paragraph 1A was inserted by SD 796/ Shedule 6A was substituted by SD 119/ Paragraph 43A was inserted by SD 796/ Shedule 7 was substituted by SD 119/ Paragraph 19A was inserted by SD 796/ Shedule 8 was substituted by SD 119/03. SD No. 2017/0203 Page 7

8 Explanatory Note Soial Seurity Legislation (Benefits) (Appliation) (Amendment) (No. 2) Order 2017 EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Jobseeker s Allowane Regulations 1996 as they have effet in the Island ( the Jobseeker s Allowane Regulations ). Part 1 is introdutory. Part 2 makes onsequential amendment to the Jobseeker s Allowane Regulations on the reinstatement of the ondition that a person laiming a jobseeker s allowane, and both members of a joint-lam ouple laiming a joint-lam jobseeker s allowane, must not be in remunerative work to qualify for benefit, but only insofar as they are engaged in employment as a self-employed earner, a ompany diretor or a share fisherman. Part 3 provides a new formula for alulating the value of the pre-shool redit to be taken into aount in determining the appliable amount under the Jobseeker s Allowane Regulations in the ase of lone parents inurring relevant hild are harges who are over ompulsory shool age and in relevant eduation, or are either full-time students or attending training ourses. Part 4 provides for the abolition of the benefit run-on provisions in the Jobseeker s Allowane Regulations, subjet to the savings provisions in Part 5. Under the benefit run-on provisions, a person who has reeived an inome-based jobseeker s allowane for at least 26 weeks who leaves benefit (or whose partner does so) to take up work of at least 16 hours per week whih is expeted to last for at least 5 weeks is treated as if they were not in remunerative work for the first 4 weeks of their employment for the purposes of their benefit laim. Page 8 SD No. 2017/0203

Legal Aid (General) (Amendment) Regulations 2014 LEGAL AID (GENERAL) (AMENDMENT) REGULATIONS 2014

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