The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 No. 261

BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Rules of Northern Ireland

You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 No. 261
URL: http://www.bailii.org/nie/legis/num_reg/2003/20030261.html

[New search] [Help]

2003 No. 261
SOCIAL SECURITY; HOUSING; RATES
FAMILY LAW; CHILD SUPPORT
The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations (Northern Ireland) 2003

	Made	1st May 2003
	Coming into operation in accordance with regulation 1

The Department for Social Development, in exercise of the powers conferred by Article 48(4) of, and paragraph 5(a) of Schedule 1 to, the Child Support (Northern Ireland) Order 1991[1], sections 122(1)(a) and (d), 129(4), 131(1) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[2], sections 71(1)(b) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992[3] and Articles 6(5) and 36(2)(a) of the Jobseekers (Northern Ireland) Order 1995[4], and now vested in it[5], and sections 2(3) and (6), 13(1) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002[6] and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel[7] in so far as regulation 4 is concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of that regulation should not be referred to it[8], hereby makes the following Regulations:

Citation and commencement
1. These Regulations may be cited as the Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 and shall come into operation for the purposes of -

(a) this regulation and regulations 6 to 10(1), on 21st May 2003;

(b) regulation 2 -

(i) in so far as it relates to a particular beneficiary other than a beneficiary in receipt of incapacity benefit or severe disablement allowance, on 21st May 2003 if it is his appropriate pay day or, if not, on his appropriate pay day next following 21st May 2003, and for the purposes of this sub-paragraph "appropriate pay day" shall be construed in accordance with regulation 22(3) of, and Schedule 6 to, the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[

(c) regulations 3 and 10(2), in so far as they relate to a beneficiary paid in advance, on the first day of the first benefit week to commence for that beneficiary on or after 21st May 2003, but otherwise on the first day of the benefit week which includes that date, and for the purpose of this paragraph "benefit week" has the same meaning as in the Income Support (General) Regulations (Northern Ireland) 1987[10];

(d) regulation 4(1) and (3) to (5), on 26th May 2003;

(e) regulation 4(2), on 6th October 2003; and

(f) regulation 5, in so far as it relates to a beneficiary paid in advance, on the first day of the first benefit week to commence for that beneficiary on or after 21st May 2003, but otherwise on the first day of the benefit week which includes that date, and for the purpose of this paragraph "benefit week" has the same meaning as in the Jobseeker's Allowance Regulations (Northern Ireland) 1996[11].

Amendment of the Social Security (Hospital In-Patients) Regulations
     2. - (1) The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975[12] shall be amended in accordance with paragraphs (2) to (9).

    (2) In regulation 2(1)[13] (interpretation) the definition of "38% of the basic pension" shall be omitted.

    (3) For regulation 4[14] (circumstances in which personal benefit is to be adjusted) there shall be substituted the following regulation -

Circumstances in which personal benefit is to be adjusted

Where a person -

for any part of the period after the 52nd week the weekly rate of that benefit shall be adjusted in accordance with regulation 6.".

    (4) In regulation 4A(1)[15] (provision for adjusting benefit for part of a week) for "regulation 5 or 6" there shall be substituted "regulation 6".

    (5) Regulation 5[16] (adjustment of personal benefit after 6 weeks in hospital) shall be omitted.

    (6) In regulation 6(1) and (2)[17] (adjustment of personal benefit after 52 weeks in hospital) for " regulation 4(d)" there shall be substituted "regulation 4".

    (7) In regulation 9(b)[18] (circumstances in which dependency benefit is to be adjusted) for "6 weeks" there shall be substituted "52 weeks".

    (8) In regulation 11[19] (adjustment of dependency benefit where dependant is husband or wife of beneficiary and is in hospital) -

(9) In regulation 17[20] (calculation of periods) -

shall be omitted.

Amendment of the Income Support (General) Regulations
     3. - (1) The Income Support (General) Regulations (Northern Ireland) 1987[21] shall be amended in accordance with paragraphs (2) to (5).

    (2) In regulation 2(1A)(a)[22] (interpretation) for "6 weeks" there shall be substituted "52 weeks".

    (3) In paragraph 13A(2)(b)(ii) and (c) of Schedule 2[23] (applicable amounts) for "six weeks" there shall be substituted "52 weeks".

    (4) In paragraph 18(7)(g) of Schedule 3[24] (housing costs) for "6 weeks", in both places where it occurs, there shall be substituted "52 weeks".

    (5) In Schedule 7 (applicable amounts in special cases) -

(b) in paragraph 13[26] (persons in residential accommodation) -

shall be omitted.

Amendment of the Housing Benefit (General) Regulations
4. - (1) The Housing Benefit (General) Regulations (Northern Ireland) 1987[27] shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 16[28] (applicable amounts), as modified in respect of any person who has attained the qualifying age for state pension credit -

(c) in paragraph (3)(b) for "20 per cent. of the weekly rate of the basic pension for the time being specified in section 44(4) of the Contributions and Benefits Act" there shall be substituted "the standard reduction"; and

(d) in paragraph (7) for "13 weeks" there shall be substituted "52 weeks".

    (3) In regulation 18[29] (patients) for "6 weeks", in each place where it occurs, there shall be substituted "52 weeks".

    (4) In regulation 63(7)(e)[30] (non-dependant deductions) for "6 weeks", in both places where it occurs, there shall be substituted "52 weeks".

    (5) In paragraph 13A(2) of Schedule 2[31] (applicable amounts) for "six weeks", in both places where it occurs, there shall be substituted "52 weeks".

Amendment of the Jobseeker's Allowance Regulations
     5. - (1) The Jobseeker's Allowance Regulations (Northern Ireland) 1996[32] shall be amended in accordance with paragraphs (2) to (6).

    (2) In regulation 1(2F)(a)[33] (interpretation) for "6 weeks" there shall be substituted "52 weeks".

    (3) In paragraphs 15A(2)(b)(ii) and (c) and 20IA(2) of Schedule 1[34] (applicable amounts) for "six weeks" there shall be substituted "52 weeks".

    (4) In paragraph 17(7)(g) of Schedule 2 (housing costs) for "6 weeks", in both places where it occurs, there shall be substituted "52 weeks".

    (5) In Schedule 4 (applicable amounts in special cases) -

shall be omitted.

(6) In paragraph 1 of Schedule 4A[35] (applicable amounts of joint-claim couples in special cases) for "6 weeks", in both places where it occurs, there shall be substituted "52 weeks".

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations
6. In regulation 5(1) of the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001[36] (nil rate) -

(b) in sub-paragraph (gg)[37] for "at least 13 but not exceeding" there shall be substituted "more than"; and

(c) in sub-paragraph (h) for "regulations 4(d)" there shall be substituted "regulations 4".

Amendment of the State Pension Credit Regulations
     7. - (1) The State Pension Credit Regulations (Northern Ireland) 2003[38] shall be amended in accordance with paragraphs (2) and (3).

    (2) In paragraph 14(7)(e) of Schedule 2 (housing costs) for "13 weeks", in both places where it occurs, there shall be substituted "52 weeks".

    (3) In paragraph 2 of Schedule 3 (special groups) -

(c) in sub-paragraph (2)(b) for "20 per cent. of the weekly rate of the basic pension for the time being specified in section 44(4) of the Contributions and Benefits Act ("the standard reduction")" there shall be substituted "the standard reduction";

(d) sub-paragraph (3) shall be omitted;

(e) in sub-paragraph (4) for "sub-paragraphs (2) and (3), the basic pension" there shall be substituted "sub-paragraph (2), the standard reduction";

(f) in sub-paragraph (5) the words "or (3)" shall be omitted; and

(g) in sub-paragraph (6) the words "13 weeks and" shall be omitted.

Amendment of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations
     8. In regulation 34 of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003[39] (persons entitled to income support immediately before the appointed day) paragraphs (15) to (19) shall be omitted.

Amendment of the Housing Benefit (State Pension Credit) Regulations
     9. Regulation 22 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003[40] shall be omitted.

Revocations
     10. - (1) The regulations specified in column (1) of the Schedule are revoked to the extent mentioned in column (3).

    (2) Regulation 19(k)(ii) of the Income Support (General) (Amendment) Regulations (Northern Ireland) 1990[41] is hereby revoked.

Sealed with the Official Seal of the Department for Social Development on

1st May 2003.

L.S.

D. A. Baker
Senior Officer of the Department for Social Development

The Department of Finance and Personnel hereby consents to regulation 4 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on

1st May 2003.

L.S.

A. L. Brown
Senior Officer of the Department of Finance and Personnel

SCHEDULERegulation 10(1)

REGULATIONS REVOKED

Column (1)	Column (2)	Column (3)
Citation	Reference	Extent of revocation
The Social Security (Hospital In-Patients) (Amendment) Regulations (Northern Ireland) 1977	S.R. 1977 No. 316	Regulation 5(4)
The Social Security (Hospital In-Patients) (Amendment No. 2) Regulations (Northern Ireland) 1987	S.R. 1987 No. 391	Regulation 2(3) to (5), (8), (9)(a) and (13)(b) and (d)
The Social Security (Hospital In-Patients) (Amendment) Regulations (Northern Ireland) 2002	S.R. 2002 No. 106	The whole regulations

EXPLANATORY NOTE

(This note is not part of the Regulations.)

These Regulations amend the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975 to provide that the weekly rate of specified benefits will not be adjusted after a beneficary has received 6 weeks of free in-patient treatment but after he has received 52 weeks of such in-patient treatment. Similar amendments are made to other regulations in respect of income support, housing benefit, jobseeker's allowance, state pension credit and child support maintenance calculations.

They also make provision for -

the amount of dependency benefit to be adjusted after a dependant of a beneficary has received 52 weeks of free in-patient treatment;

benefits no longer to be adjusted immediately a person enters hospital to receive free in-patient treatment after living in prescribed residential accommodation provided under Article 15 or 36 of the Health and Personal Social Services (Northern Ireland) Order 1972;

the period which is to be regarded as a temporary absence from a residential care or nursing home where a person is a hospital in-patient;

no deduction to be made for a non-dependant receiving free in-patient treatment when the treatment has continued for over 52 weeks in the calculation of the applicable amount for the purposes of a beneficiary's income support or income-based jobseeker's allowance, the maximum amount of his housing benefit or the housing costs element of state pension credit;

child support maintenance to be payable at a nil rate after a non-resident parent in receipt of income support or state pension credit has received 52 weeks of free in-patient treatment; and

consequential amendments and revocations.

In so far as these Regulations are required to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 ("the 1992 Act"), and after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.

Notes:

[1] S.I. 1991/2628 (N.I. 23); Part I of Schedule 1 is substituted by Schedule 1 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)back

[2] 1992 c. 7 back

[3] 1992 c. 8; section 71(1) was amended by paragraph 32(2) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)back

[4] S.I. 1995/2705 (N.I. 15); Article 36(2)(a) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 back

[5] See Article 8(b) of S.R. 1999 No. 481 back

[6] 2002 c. 14 (N.I.)back

[7] See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481 back

[8] See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 back

[9] S.R. 1987 No. 465; relevant amending regulations are S.R. 1992 No. 7 and S.R. 2001 No. 108 back

[10] S.R. 1987 No. 459; the definition of "benefit week" was amended by regulation 2(a) of S.R. 1988 No. 318 back

[11] S.R. 1996 No. 198; the definition of "benefit week" was amended by regulation 2(2) of S.R. 1996 No. 358 and regulation 2(2)(a) of S.R. 1996 No. 503 back

[12] S.R. 1975 No. 109; relevant amending regulations are S.R. 1977 No. 316, S.R. 1986 No. 157, S.R. 1987 No. 391 and S.R. 2002 No. 106 back

[13] The definition of "38% of the basic pension" was substituted by regulation 2(2) of S.R. 2002 No. 106 back

[14] Regulation 4 was amended by regulation 2(3) of S.R. 1987 No. 391 back

[15] Regulation 4A was inserted by regulation 3 of S.R. 1986 No. 157 and amended by regulation 2(4) of S.R. 1987 No. 391 back

[16] Regulation 5 was substituted by regulation 2(5) of S.R. 1987 No. 391 and amended by regulation 2(3) of S.R. 2002 No. 106 back

[17] Paragraph (1) was amended by regulation 2(6)(a) and (b) of S.R. 1987 No. 391 and paragraph (2) was substituted by regulation 2(6)(c) of S.R. 1987 No. 391 back

[18] Regulation 9 was substituted by regulation 4 of S.R. 1977 No. 316 and amended by regulation 2(8) of S.R. 1987 No. 391 back

[19] Regulation 11 was substituted by regulation 4 of S.R. 1977 No. 316 and paragraph (1) was amended and paragraph (3) substituted respectively by regulation 2(9) of S.R. 1987 No. 391 back

[20] Regulation 17 was amended by regulation 5(4) of S.R. 1977 No. 316 and regulation 2(13) of S.R. 1987 No. 391 back

[21] Relevant amending regulations are S.R. 1988 Nos. 318 and 431, S.R. 1990 No. 131, S.R. 1993 No. 149, S.R. 1994 No. 65, S.R. 1995 No. 301, S.R. 2000 No. 367 and S.R. 2002 No. 132 back

[22] Paragraph (1A) was inserted by paragraph 1(b) of Part I of the Schedule to S.R. 2002 No. 132 back

[23] Paragraph 13A was inserted by regulation 2(c)(ii) of S.R. 2000 No. 367 back

[24] Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301 back

[25] Paragraph 1 was amended by regulation 22 of, and paragraph 17(a) of Schedule 1 to, S.R. 1988 No. 318, regulation 19(a) of S.R. 1988 No. 431, regulation 19(a) of S.R. 1990 No. 131 and paragraph 15 of Part I of the Schedule to S.R. 2002 No. 132 back

[26] Paragraph 13 was amended by regulation 22(d) of S.R. 1988 No. 318, regulation 19(k) of S.R. 1990 No. 131 and paragraph 1(6)(a) of Schedule 1 to S.R. 1993 No. 149 back

[27] S.R. 1987 No. 461; relevant amending regulations are S.R. 1992 No. 85, S.R. 1996 No. 448, S.R. 1998 No. 81, S.R. 2000 No. 367 and S.R. 2003 No. 197 back

[28] Regulation 16, in so far as it applies to any person who has attained the qualifying age for state pension credit, is substituted by regulation 6 of S.R. 2003 No. 197 back

[29] Regulation 18(1) was amended by regulation 7(c) of S.R. 1996 No. 448 back

[30] Sub-paragraph (e) was added by regulation 2(d)(iv) of S.R. 1992 No. 85 and amended by regulation 5(1) of S.R. 1998 No. 81 back

[31] Paragraph 13A was inserted by regulation 3(b)(ii) of S.R. 2000 No. 367 back

[32] Relevant amending regulations are S.R. 2000 Nos. 350 and 367 and S.R. 2002 No. 132 back

[33] Paragraph (2F) was inserted by paragraph 1(b) of Part II of the Schedule to S.R. 2002 No. 132 back

[34] Paragraphs 15A and 20IA were inserted respectively by regulation 4(c)(ii) and (v) of S.R. 2000 No. 367 back

[35] Schedule 4A was inserted by paragraph 57 of Schedule 2 to S.R. 2000 No. 350 back

[36] S.R. 2001 No. 18; relevant amending regulations are S.R. 2003 No. 191 back

[37] Sub-paragraph (gg) was inserted by regulation 33(4) of S.R. 2003 No. 191 back

[38] S.R. 2003 No. 28 back

[39] S.R. 2003 No. 191 back

[40] S.R. 2003 No. 197 back

[41] S.R. 1990 No. 131 back

ISBN 0 33795098 9

Prepared 12 May 2003

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_reg/2003/20030261.html

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 No. 261 URL: http://www.bailii.org/nie/legis/num_reg/2003/20030261.html