OpenLegislation

The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations (Northern Ireland) 2003

S.R. 2003/261 · Made 1 May 2003 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2009.

SOCIAL SECURITY; HOUSING; RATES

FAMILY LAW; CHILD SUPPORT

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 1991f1, 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 1992f2, sections 71(1)(b) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992f3 and Articles 6(5) and 36(2)(a) of the Jobseekers (Northern Ireland) Order 1995f4, and now vested in itf5, and sections 2(3) and (6), 13(1) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002f6 and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnelf7 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 itf8, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

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)

f2

1992 c. 7

f3

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)

f4

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

f5

See Article 8(b) of S.R. 1999 No. 481

f6

2002 c. 14 (N.I.)

f7

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

f8

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

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security (Hospital In-Patients) Regulations Repealed
  3. 3Amendment of the Income Support (General) Regulations
  4. 4Amendment of the Housing Benefit (General) Regulations Repealed
  5. 5Amendment of the Jobseeker’s Allowance Regulations
  6. 6Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations Repealed
  7. 7Amendment of the State Pension Credit Regulations
  8. 8Amendment of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations
  9. 9Amendment of the Housing Benefit (State Pension Credit) Regulations Repealed
  10. 10Revocations
  11. Signature
  12. Schedule REGULATIONS REVOKED
  13. Explanatory note

1Citation and commencementI1

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) 1987f1, and

(ii)

in so far as it relates to a particular beneficiary in receipt of incapacity benefit or severe disablement allowance, on 21st May 2003;

(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) 1987f2;

(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) 1996f3.

2Amendment of the Social Security (Hospital In-Patients) RegulationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Amendment of the Income Support (General) RegulationsI1

(1)

The Income Support (General) Regulations (Northern Ireland) 1987f1 shall be amended in accordance with paragraphs (2) to (5).

(2)

In regulation 2(1A)(a)f2 (interpretation) for “6 weeks” there shall be substituted “52 weeks”.

(3)

In paragraph 13A(2)(b)(ii) and (c) of Schedule 2f3 (applicable amounts) for “six weeks” there shall be substituted “52 weeks”.

(4)

In paragraph 18(7)(g) of Schedule 3f4 (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) –

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in paragraph 13f5 (persons in residential accommodation) –

(i)

in sub-paragraph (1) the words “Subject to sub-paragraph (2),”, and

(ii)

sub-paragraph (2),

shall be omitted.

4Amendment of the Housing Benefit (General) RegulationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Amendment of the Jobseeker’s Allowance RegulationsI1

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 shall be amended in accordance with paragraphs (2) to (6).

(2)

In regulation 1(2F)(a)f2 (interpretation) for “6 weeks” there shall be substituted “52 weeks”.

(3)

In paragraphs 15A(2)(b)(ii) and (c) and 20IA(2) of Schedule 1f3 (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) –

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in paragraph 15 (persons in residential accommodation) –

(i)

in sub-paragraph (1) the words “Subject to sub-paragraph (2),”, and

(ii)

sub-paragraph (2),

shall be omitted.

F2(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Amendment of the Child Support (Maintenance Calculations and Special Cases) RegulationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Amendment of the State Pension Credit RegulationsI1

(1)

The State Pension Credit Regulations (Northern Ireland) 2003f1 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”.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Amendment of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) RegulationsI1

In regulation 34 of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003f1 (persons entitled to income support immediately before the appointed day) paragraphs (15) to (19) shall be omitted.

9Amendment of the Housing Benefit (State Pension Credit) RegulationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10RevocationsI1I2

(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) 1990f1 is hereby revoked.

Signature

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

REGULATIONS REVOKEDI1

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