OpenLegislation

The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005

S.R. 2005/580 · Made 16 December 2005 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 16 September 2024.

SOCIAL SECURITY; HOUSING; RATES

Made 16th December 2005

Coming into operation in accordance with regulation 1(1)

The Department for Social Development, in exercise of the powers conferred by sections 113(1)(b), 122(1)(a) and (d), 123(5), 129(4), 131(1), 132(3), 134(2) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, sections 5(1)(q), 71(1)(b) and 165(1) and (4) to (6) of the Social Security Administration (Northern Ireland) Act 1992f2 and Articles 6(5) and 36(2)(a) of the Jobseekers (Northern Ireland) Order 1995f3, and now vested in itf4, and sections 2(3), (6) and (9), 3(8) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002f5, with the consent of the Department of Finance and Personnel in so far as regulation 4 is concernedf6, and all other powers enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

f2

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)

f3

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

f4

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

f5

2002 c. 14

f6

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

Contents

  1. 1Citation, commencement and interpretation
  2. 2Hospital in-patients entitled to an increase in benefit for a dependant
  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  4. 4Amendment of the Housing Benefit (General) Regulations Repealed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 Social Fund Winter Fuel Payment Regulations Repealed
  7. 7Amendment of the State Pension Credit Regulations
  8. 8Revocations
  9. Signature
  10. Schedule 1Revocations
  11. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005 and shall come into operation for the purposes of—

(a)

this regulation and regulations 2, 4, 6 and 7, on 10th April 2006;

(b)

regulation 3, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 10th April 2006, and for the purposes of this sub-paragraph “benefit week” has the same meaning as in the Income Support (General) Regulations (Northern Ireland)1987f1;

(c)

regulation 5, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 10th April 2006, and for the purposes of this sub-paragraph “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f2; and

(d)

regulation 8—

(i)

in so far as it relates to a beneficiary specified in sub-paragraph (b) or (c), on the day specified for that beneficiary, and

F1(ii)

in so far as it relates to a particular beneficiary, other than a beneficiary in receipt of incapacity benefit or severe disablement allowance, to whom the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975 apply, on 10th April 2006 if it is his day for payment or, if not, on his day for payment next following 10th April 2006, and for the purposes of this sub-paragraph “day for payment” has the same meaning as in regulation 22(3) of, and Schedule 6 to, the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987, and

(iii)

otherwise, on 10th April 2006.

(2)

The Interpretation Act (Northern Ireland) 1954f3 shall apply to these Regulations as it applies to an Act of the Assembly.

2Hospital in-patients entitled to an increase in benefit for a dependantI1

(1)

Paragraphs (2) and (3) apply where a beneficiary is entitled to an increase in benefit for an adult or child dependant under Part IV of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1.

(2)

Where the beneficiary has received free in-patient treatment for a period of not less than 52 weeks, the increase shall not be payable unless the beneficiary applies to the Department to pay the increase on behalf of the beneficiary to—

(a)

the dependant; or

(b)

some other person who is approved by the Department and who satisfies the Department that he will apply the increase for the benefit of the dependant.

(3)

Where both the beneficiary and the dependant are in-patients and each has received free in-patient treatment for a period of not less than 52 weeks, the increase shall not be payable unless the beneficiary applies to the Department to pay the increase on behalf of the beneficiary to—

(a)

the dependant; or

(b)

some other person who is approved by the Department and who satisfies the Department that he will apply the increase for the benefit of a child of the beneficiary.

(4)

For the purposes of this regulation, a person shall be regarded as receiving or having received free in-patient treatment for any period for which he is or has been maintained free of charge while undergoing medical or other treatment as an in-patient—

(a)

in a hospital or similar institution under the Health and Personal Social Services (Northern Ireland) Order 1972f2 or the Health and Personal Social Services (Northern Ireland) Order 1991f3; or

(b)

in a hospital or similar institution maintained or administered by the Defence Council,

and such a person shall, for the purposes of sub-paragraph (a), be regarded as being maintained free of charge in such a hospital or similar institution unless his accommodation and services are provided under Article 31 of the Health and Personal Social Services (Northern Ireland) Order 1972f4 or paragraph 14 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991.

(5)

For the purposes of paragraph (4), a period during which a person is regarded as receiving or having received free in-patient treatment shall be deemed to begin on and includes the day after the day on which he enters a hospital or similar institution referred to in that paragraph and to end on the day on which he leaves such a hospital or similar institution.

(6)

For the purposes of this regulation—

(a)

where an increase in a person’s benefit is payable in respect of an adult or child dependant the increase shall be treated as a separate benefit; and

(b)

where a beneficiary’s spouse or civil partner (“dependant”) is temporarily absent from Northern Ireland for the purpose of being treated for incapacity which commenced before he left Northern Ireland the absence shall be disregarded for the purpose of determining whether the beneficiary is residing with the dependant and is entitled to an increase in benefit for him.

3Amendment of the Income Support (General) RegulationsI1

(1)

The Income Support (General) Regulations (Northern Ireland) 1987 shall be amended in accordance with the paragraphs (2) to (6).

(2)

In regulation 21 (special cases)—

(a)

paragraph (2)f1 shall be omitted; and

(b)

in paragraph (3) in the definition of “patient” for “the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975” there shall be substituted “regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005”.

(3)

In paragraph 12(1) of Schedule 2 (applicable amounts)—

(a)

in head (b)(ii)(bb)f2 at the beginning there shall be inserted “subject to paragraphs 2A and 2B of Schedule 7,”; and

F1(b)

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

(4)

In paragraph 18(7)(g) of Schedule 3f3 (housing costs) for sub-heads (i) and (ii) there shall be substituted the following sub-heads—

“(i)

“patient” has the meaning given in paragraph 3(13)(b) and “prisoner” has the meaning given in regulation 21(3); and

(ii)

in calculating a period of 52 weeks as a patient, any two or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period; or”.

(5)

In Schedule 7 (applicable amounts in special cases)—

(a)

paragraphs 1f4 (but not the heading before it) and 2 shall be omitted; and

F2(b)

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

(6)

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) paragraph 38f5 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) 1996 shall be amended in accordance with paragraphs (2) to (6).

(2)

In regulation 85 (special cases)—

(a)

paragraph (3)f1 shall be omitted; and

(b)

in paragraph (4) in the definition of “patient” for “the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975” there shall be substituted “regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005.”.

(3)

In regulation 86Cf2 (joint-claim couples: special cases) paragraph (3) shall be omitted.

(4)

In paragraph 17(7)(g) of Schedule 2f3 (housing costs) for sub-heads (i) and (ii) there shall be substituted the following sub-heads—

“(i)

“patient” has the meaning given in paragraph 3(13)(b) and “prisoner” has the meaning given in regulation 85(4), and

(ii)

in calculating any period of 52 weeks as a patient, any 2 or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period; or”.

(5)

In Schedule 4 (applicable amounts in special cases)—

(a)

paragraph 1f4 shall be omitted; and

F1(b)

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

(6)

In Schedule 4Af5 (applicable amounts of joint-claim couples in special cases)—

(a)

paragraph 1 (but not the heading before it) shall be omitted; and

F2(b)

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

6Amendment of the Social Fund Winter Fuel Payment 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) to (5).

(2)

In regulation 1(2) (interpretation) for the definition of “patient” there shall be substituted the following definition—

  • ““patient”, except in Schedule 2, means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005;”.

(3)

In regulation 15(4) (income for the purposes of the Act) for sub-paragraph (b) there shall be substituted the following sub-paragraph—

“(b)

regulation 2 of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005;”.

(4)

In Schedule 2 (housing costs)—

(a)

in paragraph 1(2) in paragraph (b)(ii) of the definition of “disabled person” for “any provision of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975” there shall be substituted “suspension or abatement because the person becomes a patient”; and

(b)

in paragraph 14(7)(e)f2 for “a patient” there shall be substituted “an in-patient residing in a hospital or similar institution”.

(5)

In Schedule 3 (special groups) for paragraph 2f3 there shall be substituted the following paragraph—

“2.
(1)

Sub-paragraph (2) applies in the case of a claimant who is detained, or liable to be detained, under Article 53 of the Mental Health (Northern Ireland) Order 1986 (removal to hospital of persons serving sentences of imprisonment, etc.) but not if his detention continues after the date which the Secretary of State certifies would have been the earliest date on which he could have been released in respect of, or from, the prison sentence if he had not been detained in hospital.

(2)

In the case of a claimant to whom paragraph (1) applies—

(a)

section 2 of the Act has effect with the substitution of a reference to a nil amount for the reference to the standard minimum guarantee in subsection (3)(a) of that section; and

(b)

the maximum amount of savings credit shall be taken to be nil.”.

8RevocationsI1

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

Signature

Sealed with the Official Seal of the Department for Social Development on 16th December 2005.

L.S.

John O'Neill

A 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 20th December 2005.

L.S.

Mary McIvor

A senior officer of the

Department of Finance and Personnel

Schedule 1RevocationsI1

Column (1)Column (2)Column (3)
CitationReferenceExtent of revocation
The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975S.R. 1975 No. 109The whole Regulations
The Social Security (Child Benefit Consequential) Regulations (Northern Ireland) 1977S.R. 1977 No. 73Regulation 11
The Social Security (Hospital In-Patients) (Amendment) Regulations (Northern Ireland) 1977S.R. 1977 No. 316The whole Regulations
The Social Security (Hospital In-Patients) (Amendment) Regulations (Northern Ireland) 1979S.R. 1979 No. 68The whole Regulations
The Social Security (Abolition of Injury Benefit) (Consequential) Regulations (Northern Ireland) 1983S.R. 1983 No. 36Regulation 4
The Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984S.R. 1984 No. 317In Schedule 2, the entry relating to the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975
The Social Security Benefit (Dependency, Claims and Payments and Hospital In-Patients) (Amendment) Regulations (Northern Ireland) 1984S.R. 1984 No. 382Regulation 2
The Social Security (Claims and Payments, Hospital In-Patients and Maternity Benefit) (Amendment) Regulations (Northern Ireland) 1986S.R. 1986 No. 157Regulation 3
The Social Security (Hospital In-Patients) (Amendment) Regulations (Northern Ireland) 1987S.R. 1987 No. 12The whole Regulations
The Social Security (Hospital In-Patients) (Amendment No. 2) Regulations (Northern Ireland) 1987S.R. 1987 No. 391The whole Regulations
The Income Support (General) (Amendment No. 5) Regulations (Northern Ireland) 1988S.R. 1988 No. 431Regulation 19(a)
The Income Support (General) (Amendment) Regulations (Northern Ireland) 1990S.R. 1990 No. 131Regulation 19(a) and (b)
The Social Security (Miscellaneous Provisions) (Amendment No. 3) Regulations (Northern Ireland) 1992S.R. 1992 No. 453Regulation 2
The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations (Northern Ireland) 1995S.R. 1995 No. 150Regulation 5
The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1998S.R. 1998 No. 81Regulation 5(2)(b)(ii)
The Social Security (Hospital In-Patients, Attendance Allowance and Disability Living Allowance) (Amendment) Regulations (Northern Ireland) 1999S.R. 1999 No. 221Regulation 2
The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations (Northern Ireland) 2001S.R. 2001 No. 108Regulation 2
The Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002S.R. 2002 No. 132In Part I of the Schedule, paragraph 15(a)
The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003S.R. 2003 No. 195In Schedule 1, paragraph 21(a) to (c)
The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations (Northern Ireland) 2003S.R. 2003 No. 261Regulations 2, 3(5)(a), 5(5)(a) and (6) and 7(3)
The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations (Northern Ireland) 2003S.R. 2003 No. 267Regulation 4(11)(a) and (12)(a)
The Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations (Northern Ireland) 2003S.R. 2003 No. 412Regulation 3(b)
The Social Security (Hospital In-Patients) (Amendment) Regulations (Northern Ireland) 2004S.R. 2004 No. 18The whole Regulations
The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2004S.R. 2004 No. 143Regulation 5(2)(c)
The Social Security (Housing Benefit, State Pension Credit and Miscellaneous Amendments) Regulations (Northern Ireland) 2004S.R. 2004 No. 394Regulations 4(b)(ii)(aa) and 5(b)(ii)(aa)
The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005S.R. 2005 No. 458In Schedule 3, paragraph 4(a)
The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order (Northern Ireland) 2005S.R. 2005 No. 536In Schedule 3, paragraph 3

Explanatory note

(This note is not part of the Regulations.)

These Regulations revoke the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975 and amend other regulations so that, except in specified cases, a person’s benefit is no longer adjusted when the person has been receiving free medical treatment as a hospital in-patient for 52 weeks.

Regulation 2 provides for the circumstances in which a dependency increase is payable if the beneficiary, or the beneficiary and dependant, have received free medical treatment as a hospital in-patient for 52 weeks or more.

Regulation 3 amends the Income Support (General) Regulations (Northern Ireland) 1987 to adjust the income support of beneficiaries who are hospital in-patients. Paragraph (2) abolishes the rule that absences from hospital of up to 28 days are ignored when calculating a 52-week period as an in-patient but paragraph (4) maintains that rule for stopping non-dependant deductions when the non-dependant has been a hospital in-patient for 52 weeks. Paragraph (5)(a) abolishes, for most cases, the adjustment of income support when a claimant has received free medical treatment as a hospital in-patient for 52 weeks. Paragraph (5)(b) provides for a nil applicable amount of income support if a person is sentenced to a period of imprisonment and during that period is detained in hospital under the Mental Health (Northern Ireland) Order 1986. It also removes any entitlement to a disability premium, enhanced disability premium or higher pensioner premium after 52 weeks as a hospital in-patient.

Regulations 4 and 6 respectively make consequential amendments to the Housing Benefit (General) Regulations (Northern Ireland) 1987 and the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000.

Regulations 5 and 7 respectively make similar amendments in relation to jobseeker’s allowance and state pension credit as those made for income support by regulation 3.

Regulation 8 makes consequential revocations.

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, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.