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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2007 No. 154

HOUSING; RATES; SOCIAL SECURITY

The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2007

  Made 9th March 2007 
  Coming into operation in accordance with regulation 1

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 123(1)(e), 129(2), 131(1) and (2), 132(3) and (4)(a) to (c), 134(1)(a) and 171(1) to (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[1], Articles 3(2C), 6(5) and (12), 14(1), (2) and (4)(a) to (c) and 36(2) of the Jobseekers (Northern Ireland) Order 1995[2], and now vested in it[3], and sections 2(3)(b) and (7), 17(2)(b) and 19(1) and (3) of the State Pension Credit Act (Northern Ireland) 2002[4].

     Regulations 7 and 8 are made with the consent of the Department of Finance and Personnel[5].

     The Social Security Advisory Committee has agreed that proposals in respect of regulations 7 and 8 should not be referred to it[6].

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2007.

    (2) This regulation and regulations 2(1), (3) to (6), (7)(b)(ii) and (e), (8)(a) and (9), 3(1), (3) to (7), (8)(d) and (j), (9)(a), (11) and (12) , 4, 6, 7 and 8 shall come into force on 2nd April 2007.

    (3) Subject to paragraphs (4) and (5), regulations 2(8)(c), 3(9)(c) and 5 shall come into force on 8th April 2007.

    (4) Regulations 2(8)(c) and 3(9)(c) shall come into operation immediately after regulation 5.

    (5) Regulation 2(8)(c), 3(9)(c) and 5, in so far as they relate to a particular beneficiary, shall not apply on any day in a benefit week to commence for that beneficiary before 9th April 2007.

    (6) Subject to paragraphs (7) and (8), regulations 2(2), (7)(a), (b)(i) and (iii), (c), (d) and (f) to (h), (8)(b) to (d), 3(2), (8)(a) to (c), (e) to (i), (k) and (l), (9)(b) and (10) and 9, in so far as they relate to a particular beneficiary, shall come into operation on the first day of the first benefit week to commence for that beneficiary on or after 9th April 2007.

    (7) Regulations 2(7)(a), (c) and (f) to (h) and (8)(d), in so far as they relate to a particular beneficiary, shall come into operation immediately after Article 16 of the Up-rating Order 2007 comes into operation.

    (8) Regulations 3(8)(a), (c), (e) to (g) and (l), in so far as they relate to a particular beneficiary, shall come into operation immediately after Article 22 of the Up-rating Order 2007 comes into operation.

    (9) In this regulation—

    (10) The Interpretation Act (Northern Ireland) 1954[12] 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 shall be amended in accordance with paragraphs (2) to (9).

    (2) In regulation 2(1) (interpretation) after the definition of "lone parent" insert—

    (3) In regulation 42(2) (notional income) for sub-paragraph (h)[13] substitute—

    (4) In regulation 51[14] (notional capital)—

    (5) In regulation 66B[15] (treatment of payments from access funds)—

    (6) In regulation 68 (income treated as capital)—

    (7) In Schedule 2 (applicable amounts)—

    (8) In Schedule 7 (applicable amounts in special cases)—

    (9) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) in paragraph 30A(1)[29] for "whether or not the payment is charitable or voluntary" substitute "except a charitable or voluntary payment disregarded under paragraph 15".

Amendment of the Jobseeker's Allowance Regulations
     3. —(1) The Jobseeker's Allowance Regulations (Northern Ireland) 1996 shall be amended in accordance with paragraphs (2) to (12).

    (2) In regulation 1(2) (interpretation) after the definition of "lone parent" insert—

    (3) In regulation 3E(2)(d)[30] (entitlement of a member of a joint-claim couple to a jobseeker's allowance without a claim being made jointly by the couple) for "85" substitute "85A".

    (4) In regulation 105(2) (notional income) for sub-paragraph (h)[31] substitute—

    (5) In regulation 113[32] (notional capital)—

    (6) In regulation 136A[33] (treatment of payments from access funds)—

    (7) In regulation 138[34] (income treated as capital)—

    (8) In Schedule 1 (applicable amounts)—

    (9) In Schedule 4 (applicable amounts in special cases)—

    (10) In Schedule 4A[45] (applicable amounts of joint-claim couples in special cases) omit paragraph 1A in Columns (1) and (2).

    (11) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) in paragraph 32(1)[46] for "whether or not the payment is charitable or voluntary" substitute "except a charitable or voluntary payment disregarded under paragraph 15".

    (12) In Schedule 7 (capital to be disregarded) paragraph 41[47] shall be renumbered as paragraph 41(1).

Amendment of the State Pension Credit Regulations
     4. In paragraph 1(2)c of Schedule 1 to the State Pension Credit Regulations (Northern Ireland) 2003[48] (circumstances in which persons are treated as being or not being severely disabled) for "the date on which the award is made" substitute "the date on which the award is first paid".

Amendment of the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations
     5. —(1) The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003[49] shall be amended in accordance with paragraphs (2) and (3).

    (2) In Schedule 1 (amendments to the Income Support Regulations) omit paragraph 21(d).

    (3) In Schedule 2 (amendments to the Jobseeker's Allowance Regulations) omit paragraph 21(a)[50].

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations
     6. In regulation 2(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005[51] (interpretation) in the definition of "partner" at paragraph (a) for "of couple" substitute "of a couple".

Amendment of the Housing Benefit Regulations
     7. —(1) The Housing Benefit Regulations (Northern Ireland) 2006[52] shall be amended in accordance with paragraphs (2) to (5).

    (2) In regulation 39(2)(d) (notional income) for "refers" substitute "applies which is administered in a way referred to in paragraph 45(1)(a)".

    (3) In regulation 46(2)(e) (notional capital) for "refers" substitute "applies which is administered in a way referred to in paragraph 45(1)(a)".

    (4) In Schedule 1 (ineligible service charges) in paragraph 1(a) for head (iii) substitute—

    (5) In Schedule 4 (applicable amounts) in paragraph 14(6) for "the date on which the award is made" substitute "the date on which the award is first paid".

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
     8. —(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006[53] shall be amended in accordance with paragraphs (2) and (3).

    (2) In Schedule 1 (ineligible service charges) in paragraph 1(a) for head (iii) substitute—

    (3) In Schedule 4 (applicable amounts) in paragraph 6(8)(a) for "the date on which the award is made" substitute "the date on which the award is first paid".

Revocations
     9. —(1) The following provisions shall be revoked—



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


9th March 2007

L.S.


John O'Neill
A senior officer of the Department for Social Development


The Department of Finance and Personnel consents to regulations 7 and 8.



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


9th March 2007

L.S.


Mary McIvor
A senior officer of the Department of Finance and Personnel


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations further amend:

Regulation 2 amends the Income Support Regulations to:

Regulation 3 amends the Jobseeker's Allowance Regulations to:

Regulations 2 and 3 amend the Income Support Regulations and the Jobseeker's Allowance Regulations to:

Regulations 2, 3 and 5 amend Schedule 7 to the Income Support Regulations, Schedule 4 to the Jobseeker's Allowance Regulations and the 2003 Regulations to remove the reduction in a claimant's applicable amount for income support and jobseeker's allowance that applies in certain circumstances where a child or young person has been a patient for more than 12 weeks.

Regulations 2 to 4, 7 and 8 amend the Income Support Regulations, the Jobseeker's Allowance Regulations, the State Pension Credit Regulations, the Housing Benefit Regulations and the Housing Benefit (SPC) Regulations so that an award of carer's allowance is only taken into account from the date on which it is first paid.

Regulations 2, 3 and 7 amend cross-references, in the Income Support Regulations, the Jobseeker's Allowance Regulations and the Housing Benefit Regulations, to provisions (which were amended by S.R. 2006 No. 359) relating to the treatment of capital which is derived from an award of damages for a personal injury for the purposes of determining notional income or capital.

Regulation 6 makes a minor amendment to a definition in the Social Fund Regulations.

Regulations 7 and 8 amend the Housing Benefit Regulations and the Housing Benefit (SPC) Regulations to remove references to satellite television and to provide that television subscription charges are ineligible service charges for housing benefit purposes in Schedule 1 of those Regulations.

Regulation 9 makes consequential revocations.

In so far as these Regulations are required, for the purposes of regulations 7 and 8, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, 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, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.


Notes:

[1] 1992 c. 7; section 123(1)(e) was inserted by paragraph 13(5) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)); section 129(2) was amended by Article 8(2) of the Housing Support Services (Northern Ireland) Order 2002 (S.I. 2002/3154 (N.I. 8)); section 134(1)(a) was substituted by Article 66(1) of the Social Security (Northern Ireland) Order 1988 (S.I. 1998/1506 (N.I. 10)); section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21) and section 171(2) was amended by paragraph 28(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)back

[2] S.I. 1995/2705 (N.I. 15); Article 3(2C) was inserted by paragraph 3(3) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and Article 36(2) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999back

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

[4] 2002 c. 14 (N.I.)back

[5] 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. 481back

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

[7] The definition of "benefit week" was amended by regulation 2(a) of S.R. 1988 No. 318back

[8] S.R. 1987 No. 459; relevant amending Regulations are S.R. 1990 No. 213, S.R. 1993 No. 373, S.R. 1994 No. 327, S.R. 1995 Nos. 67 and 367, S.R. 1997 No. 412, S.R. 1998 No. 324, S.R. 2000 Nos. 242 and 367, S R. 2002 Nos. 80, 132 and 323, S.R. 2003 Nos. 191, 195, 261 and 413, S.R. 2004 No. 213, S.R. 2005 Nos. 458 and 580 and S.R. 2006 No. 359back

[9] The definition of "benefit week" was amended by regulation 2(2) of S.R. 1996 No. 358, regulation 2(2)(a) of S.R. 1996 No. 503 and regulation 13(2) of S.R. 2006 No. 359back

[10] S.R. 1996 No. 198; relevant amending Regulations are S.R. 1996 No. 503, S.R. 1997 No. 412, S.R. 2000 Nos. 242, 350 and 367, S.R. 2002 Nos. 80, 132, 236 and 323, S.R. 2003 Nos. 195 and 261, S.R. 2005 Nos. 458 and 580 and S.R. 2006 No. 359back

[11] S.R. 2007 No. 153back

[12] 1954 c. 33 (N.I.)back

[13] Sub-paragraph 2(h) was inserted by regulation 5(4) of S.R. 1997 No. 412back

[14] Sub-paragraph (1)(c) and (2)(e) were inserted by regulation 5(4) of S.R. 1997 No. 412back

[15] Regulation 66B was inserted by regulation 2(5) of S.R. 2000 No. 242 and paragraph (3) was amended by paragraph 9 of Part I of the Schedule to S.R. 2002 No. 132 and paragraph 17 of Schedule 1 to S.R. 2003 No.195 (except in a case where regulation 1(3) of those Regulations applies)back

[16] Regulation 68(3) was added by regulation 2(6) of S.R. 2000 No. 242, amended by paragraph 10 of Part I of the Schedule to S.R. 2002 No. 132 and substituted by paragraph 17 of Schedule 1 to S.R. 2003 No.195 (except in a case where regulation 1(3) of those Regulations applies)back

[17] Paragraph 1 was substituted by regulation 2 of S.R. 1990 No. 213back

[18] Sub-paragraph (1) was substituted by regulation 24(5)(c) of S.R. 2003 No. 191 and amended by regulation 2(a) of S.R. 2003 No. 413back

[19] Sub -paragraph (4) was added by regulation 8(3)(a) of S.R. 1998 No. 324 and amended by regulation 5(6)(a) of S.R. 2006 No.359back

[20] Paragraph 11 was amended by regulation 24(5)(d) of S.R. 2003 No. 191 and regulation 2(b) of S.R. 2003 No. 413back

[21] Head (b) was substituted by regulation 2(12)(a)(ii) of S.R. 1995 No. 67 and amended by regulation 2(8) of S.R. 1995 No. 367 and regulation 3(3)(a) of S.R. 2005 No.580back

[22] Head (d) was substituted by regulation 24(5)(e) of S.R. 2003 No. 191 and amended by regulation 4 of S.R. 2004 No. 213 and regulation 3(3)(b) of S.R. 2005 No. 580back

[23] Paragraph 13(3ZA) was inserted by regulation 2(9)(b) of S.R. 1994 No. 327 and amended by regulation 3 of S.R. 2002 No. 323back

[24] Paragraph 13(5) was added by regulation 3(4) to S R. 2002 No. 80back

[25] Paragraph 13A was inserted by regulation 2(c)(ii) of S.R. 2000 No. 367 and amended by regulation 24(5)(f) of S.R. 2003 No. 191 and regulation 3(3) of S.R. 2003 No. 261; paragraph 13A(2)(a) was omitted by paragraph 20(c)(ii) of Schedule 1 to S.R. 2003 No. 195 (except in a case where regulation 1(3) of those Regulations applies)back

[26] Paragraph 14 was omitted by paragraph 20(a) of Schedule 1 to S.R. 2003 No. 195 (except in a case where regulation 1(3) of those Regulations applies)back

[27] Paragraph 2B was substituted by regulation 3(5)(b) of S.R. 2005 No. 580back

[28] Paragraph 3 was omitted by paragraph 21(d) of Schedule 1 to S.R. 2003 No. 195 (except in a case where regulation 1(3) of those Regulations applies)back

[29] Paragraph 30A was inserted by regulation 4(22)(e) of S.R. 1993 No. 373 and sub-paragraph (1) was amended by paragraph 12(b)(i) of Schedule 1 to S.R. 2005 No. 458 and regulation 5(9)(e) of S.R. 2006 No. 359back

[30] Regulation 3E(2) was inserted by regulation 2(2) of S.R. 2000 No. 350 and amended by regulation 2(b) of S.R 2002 No. 236back

[31] Regulation 105(2)(h) was inserted by regulation 6 of S.R. 1997 No. 412back

[32] Paragraphs 1(c) and 2(e) were inserted by regulation 6 of S.R. 1997 No. 412back

[33] Regulation 136A was inserted by regulation 3(7) of S.R. 2000 No. 242 and paragraph (3) was amended by paragraph 12 of Part II of the Schedule to S.R. 2002 No. 132 and paragraph 17 of Schedule 2 to S.R. 2003 No. 195 (except in a case where regulation 1(7) of those Regulations applies)back

[34] Regulation 138 was amended by regulation 3(8) of S.R. 2000 No. 242 and paragraph (3) was amended by paragraph 13 of Part II of the Schedule to S.R. 2002 No. 132 and paragraph 17 of Schedule 2 to S.R. 2003 No. 195 (except in a case where regulation 1(7) of those Regulations applies)back

[35] Sub-paragraph (1) was amended by regulation 2(17)(b) of S.R. 1996 No. 503back

[36] Sub-paragraph (7) was amended by regulation 3 of S.R. 2002 No. 323back

[37] Sub-paragraph (9) was added by regulation 5(4)(a) of S.R. 2002 No. 80back

[38] Paragraph 15A was inserted by regulation 4(c)(ii) of S.R. 2000 No. 367 and amended by regulation 5(3) of S.R. 2003 No. 261; sub-paragraph 15A(2)(a) was omitted by paragraph 20(c)(ii) of Schedule 2 to S.R. 2003 No. 195 (except in a case where regulation 1(7) of those Regulations applies)back

[39] Paragraph 16 was omitted by paragraph 20(a) of Schedule 2 to S.R. 2003 No. 195 (except in a case where regulation 1(7) of those Regulations applies)back

[40] Paragraphs 20A to 20M of Schedule 1 were inserted by paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350back

[41] Sub-paragraph (7) was added by regulation 5(4)(b) of S.R. 2002 No. 80back

[42] Paragraph 20IA was inserted by regulation 4(c)(v) of S.R. 2000 No. 367 and amended by regulation 5(3) of S.R. 2003 No. 261back

[43] Paragraph 1A was inserted by regulation 5(5)(b) of S.R. 2005 No. 580back

[44] Paragraph 2 was omitted by paragraph 21(a) of Schedule 2 to S.R. 2003 No. 195 (except in a case where regulation 1(7) of those Regulations applies)back

[45] Schedule 4A was inserted by paragraph 57 of Schedule 2 to S.R. 2000 No. 350 and paragraph 1A was inserted by regulation 5(6)(b) of S.R. 2005 No. 580back

[46] Paragraph 32(1) was amended by paragraph 14(b)(i) of Schedule 3 to S.R. 2005 No. 458 and regulation 13(14)(e) of S.R. 2006 No. 359back

[47] Paragraph 41 was substituted by regulation 13(15)(c) of S.R. 2006 No.359back

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

[49] S.R. 2003 No. 195; relevant amending Regulations are S.R. 2003 No. 338back

[50] Paragraph 21(a) was amended by regulation 6(5)(b) of S.R. 2003 No. 338back

[51] S.R. 2005 No. 506back

[52] S.R. 2006 No. 405back

[53] S.R. 2006 No. 406back

[54] S.R. 2005 No. 580back



ISBN 978 0 337 96922 5


 © Crown copyright 2007

Prepared 15 March 2007


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URL: http://www.bailii.org/nie/legis/num_reg/2007/20070154.html