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The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations (Northern Ireland) 2003

S.R. 2003/267 · Made 9 May 2003 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 November 2010.

SOCIAL SECURITY

Made 9th May 2003

Coming into operation 6th October 2003

The Department for Social Development, in exercise of the powers conferred on it by sections 122(1)(a), 131(1), 134(2) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 and Articles 6(5) and 36(1) of the Jobseekers (Northern Ireland) Order 1995f2 and now vested in itf3, and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 7

f2

S.I. 1995/2705 (N.I. 15)

f3

See Article 8(b) of, and Part II of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Income Support (General) Regulations
  3. 3Amendment of the Social Fund (Cold Weather Payments) (General) Regulations Repealed
  4. 4Amendment of the Jobseeker’s Allowance Regulations
  5. 5Amendment of the Social Fund Winter Fuel Payment Regulations
  6. Signature
  7. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 and shall come into operation on 6th October 2003.

(2)

Regulation 3 shall come into operation on 6th October 2003 immediately after regulation 25 of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003f1.

(3)

The Interpretation Act (Northern Ireland) 1954f2 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of the Income Support (General) RegulationsI1

(1)

The Income Support (General) Regulations (Northern Ireland) 1987f1 shall be amended in accordance with paragraphs (2) to (9).

(2)

In regulation 2(1) (interpretation) the definition of “residential allowance”f2 shall be omitted.

(3)

In regulation 17(1) (applicable amounts) sub-paragraph (bb)f3 shall be omitted.

(4)

In regulation 18(1) (polygamous marriages) sub-paragraph (cc)f4 shall be omitted.

(5)

In regulation 21(1B)f5 (special cases) for “paragraph 10A, 10B, 10C or 13” there shall be substituted “paragraph 13(2)”.

(6)

F1In regulation 71 (applicable amounts in urgent cases) –

(a)

in paragraph (1) sub-paragraphs (a)(vi)f6 and (c) shall be omitted; and

(b)

paragraph (1A)f7 shall be omitted.

(7)

In Schedule 2 (applicable amounts) paragraph 2Af8 shall be omitted.

(8)

In Schedule 7 (applicable amounts in special cases) –

(a)

paragraphs –

(i)

10Af9 (single claimants temporarily in accommodation provided by a Health and Social Services Board);

(ii)

10Bf10 (couples and members of polygamous marriages where one member is or all are temporarily in accommodation provided by a Health and Social Services Board);

(iii)

10Cf11 (lone parents who are in residential accommodation temporarily), and

(iv)

13(1)f12 (persons in residential accommodation) in columns (1) and (2),

shall be omitted.

(9)

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)

paragraph 15Bf13 shall be omitted.

3Amendment of the Social Fund (Cold Weather Payments) (General) RegulationsF1

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

4Amendment of the Jobseeker’s Allowance RegulationsI1

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 shall be amended in accordance with paragraphs (2) to (12).

(2)

In regulation 1(2)f2 (citation, commencement and interpretation) the definition of “residential allowance” shall be omitted.

(3)

In regulation 83f3 (applicable amounts) paragraph (c) shall be omitted.

(4)

In regulation 84(1)f4 (polygamous marriages) sub-paragraph (d) shall be omitted.

(5)

In regulation 85 (special cases) –

(a)

at the beginning of paragraph (1)f5 for “Subject to paragraph (2A) in” there shall be substituted “In”, and

(b)

paragraph (2A)f6 shall be omitted.

(6)

In regulation 86Af7 (applicable amounts for joint-claim couples) paragraph (b) shall be omitted.

(7)

In regulation 86Bf8 (applicable amounts for joint-claim couples: polygamous marriages) paragraph (c) shall be omitted.

(8)

F1In regulation 148 (applicable amounts in urgent cases) –

(a)

in paragraph (1) sub-paragraphs (a)(v) and (c)f9 shall be omitted, and

(b)

paragraph (1A)f10 shall be omitted.

(9)

In regulation 148Af11 (applicable amount in urgent cases: joint-claim couples) –

(a)

in paragraph (1) sub-paragraphs (a)(iv) and (c) shall be omitted, and

(b)

paragraph (1A)f12 shall be omitted.

(10)

In Schedule 1 (applicable amounts) paragraph 3f13 shall be omitted.

(11)

In Schedule 4 (applicable amounts in special cases) –

F2(a)

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

(b)

paragraphs –

(i)

7f14 (single claimants temporarily in accommodation provided by a Health and Social Services Board or an HSS trust);

(ii)

8f15 (couples and members of polygamous marriages where one member is or all are temporarily in accommodation provided by a Health and Social Services Board or an HSS trust);

(iii)

9f16 (lone parents who are in residential accommodation temporarily),

shall be omitted, and

(c)

in columns (1) and (2) of paragraph 15f17 (persons in residential accommodation) sub-paragraph (1) shall be omitted.

(12)

In Schedule 4Af18 (applicable amounts of joint-claim couples in special cases) –

F3(a)

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

(b)

paragraph 9f19 (members of joint-claim couples in residential accommodation) shall be omitted.

5Amendment of the Social Fund Winter Fuel Payment RegulationsI1

In regulation 1 (citation, commencement and interpretation) of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000f1 –

(a)

in paragraph (2), in the definition of “nursing home” for “regulation 19(2) of the Income Support Regulations (persons in homes for persons in need and nursing homes)” there shall be substituted “regulation 2(1) of the Income Support Regulations (interpretation)f2”;

(b)

for paragraph (3A)f3 there shall be substituted the following paragraph –

“(3A)

For the purposes of paragraph (3)(a)(i) “residential care home” has the meaning given to that expression by virtue of paragraphs (a) and (c) of that definition in regulation 2(1) of the Income Support Regulationsf4.”.

Signature

Sealed with the Official Seal of the Department for Social Development on 9th May 2003.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory note

(This note is not part of the Regulations.)

These Regulations provide for the cessation, from 6th October 2003, of the payment of a residential allowance to recipients of income support or income-based jobseeker’s allowance who are residing in residential care homes or nursing homes. These Regulations also provide for the cessation, from 6th October 2003, of the payment of special amounts to recipients of income support or income-based jobseeker’s allowance who are in residential accommodation as defined in regulation 21(3) of the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”).

These Regulations also amend the Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988 (“the Cold Weather Payments Regulations”) to provide that from 6th October 2003 those who are residing in residential care homes, nursing homes or residential accommodation shall not be entitled to a cold weather payment under those Regulations (regulation 3).

Regulations 2 and 4 amend the Income Support Regulations and the Jobseeker’s Allowance Regulations 1996 (Northern Ireland) (“the Jobseeker’s Allowance Regulations”).

Regulations 2(2) and 4(2) remove the definition of “residential allowance” from the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively.

Regulations 2(7) and 4(10) remove the provisions relating to applicable amounts of residential allowance in the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively.

Regulation 2(6)(b) and (8) and regulation 4(9), (11) and (12) remove provisions in the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively which relate to the special amounts payable to certain people in residential accommodation.

Regulation 2(9) removes paragraph 15B of Schedule 9 to the Income Support Regulations. Paragraph 15B provides that 50 per cent. of income received from an occupational or personal pension or retirement annuity contract shall be disregarded if the claimant is not residing with his spouse, and at least 50 per cent. of that income is being paid to or in respect of his spouse for that spouse’s maintenance.

The remaining paragraphs of regulations 2 and 4 make consequential amendments to the Income Support Regulations and the Jobseeker’s Allowance Regulations.

Regulations 3 and 5 consequentially amend the Cold Weather Payments Regulations and the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000 respectively.

These Regulations 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 Social Security Administration (Northern Ireland) Act 1992 (c. 8), 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.