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The Social Security (PPF Payments and FAS Payments) (Consequential Amendments) Regulations (Northern Ireland) 2006

S.R. 2006/184 · Made 10 April 2006

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SOCIAL SECURITY

Made 10th April 2006

Coming into operation 5th May 2006

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 30DD(1)(c), 89(1), (1A) and (2) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 and Articles 6(1)(b) and 36(1) and (2) of the Jobseekers (Northern Ireland) Order 1995f2 and now vested in itf3.

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 30DD was inserted by Article 60 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and subsection (1) was substituted by paragraph 1(2)(b) of the Schedule to S.R. 2006 No. 37; section 89(1) was amended by paragraph 26 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and Schedule 6 to the Tax Credits Act 2002 (c. 21), and subsection (1A) was inserted, and subsection (2) was amended, by paragraph 1(3) of the Schedule to S.R. 2006 No. 37; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002

f2

S.I. 1995/2705 (N.I. 15); Article 6(1)(b) was amended by paragraph 2(3) of the Schedule to S.R. 2006 No. 37; Article 36(2) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

f3

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

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Social Security Benefit (Dependency) Regulations
  3. 3Amendment of the Social Security (Incapacity Benefit) Regulations
  4. 4Amendment of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations
  5. 5Amendment of the Jobseeker’s Allowance Regulations
  6. 6Revocation
  7. Signature
  8. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Social Security (PPF Payments and FAS Payments) (Consequential Amendments) Regulations (Northern Ireland) 2006 and shall come into operation on 5th May 2006.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of the Social Security Benefit (Dependency) Regulations

(1)

The Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977f1 shall be amended in accordance with paragraphs (2) and (3).

(2)

In regulation 9Af2 (apportionment of payments by way of occupational pension made otherwise than weekly)—

(a)

in the heading for “occupational pension” there shall be substituted “occupational or personal pension or PPF periodic payment”;

(b)

for the words from “For the purposes” to “by way of occupational or personal pension” there shall be substituted “For the purposes of section 89(1) of, and paragraph 7(1) of Schedule 7 to, the Contributions and Benefits Actf3, where payment by way of occupational or personal pension, or for the purposes of section 89(1A) of that Act by way of PPF periodic paymentf4,”.

(3)

In paragraph 9(1) of Schedule 2f5 (prescribed circumstances for increase of a carer’s allowance) after “occupational or personal pension” there shall be inserted “or PPF periodic payment”.

3Amendment of the Social Security (Incapacity Benefit) Regulations

(1)

The Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994f1 shall be amended in accordance with paragraphs (2) to (5).

(2)

In regulation 20f2 (disregard of certain pension payments)—

(a)

in the heading after “pension payments” there shall be added “or PPF periodic payments”;

(b)

after paragraph (a) there shall be inserted the following paragraph—

“(aa)

any PPF periodic paymentf3 made to a person as a beneficiary on the death of a person entitled to such a payment;”.

(3)

In regulation 21 (date from which pension payment is to be taken into account)—

(a)

in the heading after “pension payment” there shall be inserted “or PPF periodic payment”;

(b)

after “the pension payment” there shall be inserted “or PPF periodic payment”.

(4)

In regulation 22 (date from which the change in the rate of pension takes effect)—

(a)

in the heading after “pension” there shall be inserted “or PPF periodic payment”;

(b)

after “Where pension payments” there shall be inserted “or PPF periodic payments”;

(c)

after “the pension payment” there shall be inserted “or PPF periodic payment”.

(5)

In regulation 23 (pension payment made other than weekly)—

(a)

in the heading after “Pension payment” there shall be inserted “or PPF periodic payment”;

(b)

in paragraphs (1) and (2) after “pension payment” there shall be inserted “or PPF periodic payment”;

(c)

in paragraph (1) after “weekly pension payments” there shall be inserted “or weekly PPF periodic payments”;

(d)

in paragraph (3)—

(i)

after “weekly pension payment” there shall be inserted “or weekly PPF periodic payment”;

(ii)

after “pension payments” there shall be inserted “or PPF periodic payments”;

(iii)

after “each pension payment” there shall be inserted “or PPF periodic payment”.

4Amendment of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations

In regulation 11 of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations (Northern Ireland) 1994f1 (apportionment of payments by way of occupational or personal pension made otherwise than weekly)—

(a)

in the heading after “occupational or personal pension” there shall be inserted “or PPF periodic payment”;

(b)

after “include occupational or personal pensions” there shall be inserted “or PPF periodic payments”;

(c)

after “by way of occupational or personal pension” there shall be inserted “or PPF periodic payment”.

5Amendment of the Jobseeker’s Allowance Regulations

In regulation 81 of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 (payments by way of pensions)—

(a)

in the heading after “pensions” there shall be added “, PPF payments or FAS payments”;

(b)

in paragraphs (1), (1A), (1B) and (2)f2 after “pension payments” there shall be inserted “, PPF payments or FAS payments”;

(c)

in paragraph (2)(c)f3 for “question.” there shall be substituted “question, and”;

(d)

after sub-paragraph (c) of paragraph (2) there shall be added the following sub-paragraph—

“(d)

any PPF payments or FAS paymentsf4 which are payable to him and which arose on the death of a person who had an entitlement to such payments.”;

(e)

in paragraph (3)—

(i)

after “pension payment” there shall be inserted “, PPF payment or FAS payment”;

(ii)

after “weekly pension payments” there shall be inserted “, weekly PPF payments or weekly FAS payments”.

6Revocation

Regulation 3 of the Social Security (Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 1992f1 is revoked.

Signature

Sealed with the Official Seal of the Department for Social Development on 10th April 2006.

L.S.

John O'Neill

A senior officer of the

Department for Social Development

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977, the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994 and the Social Security (Incapacity Benefit — Increases for Dependants) Regulations (Northern Ireland) 1994 (collectively known as “the principal Regulations”). They also amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the 1996 Regulations”).

Regulations 2 to 4 amend the principal Regulations to allow Pension Protection Fund (“PPF”) periodic payments to be included in the calculation of entitlement to benefit in the same way as pension payments are included. Regulation 3(2) further provides for PPF payments to be disregarded where they are made to the survivor of a person entitled to such payments, in the same circumstances as pension payments would be.

Regulation 5 amends the 1996 Regulations to allow PPF payments or Financial Assistance Scheme (“FAS”) payments to be included in the calculation of entitlement to contribution-based jobseeker’s allowance in the same way as pension payments are included. It further provides for PPF payments or FAS payments to be disregarded where they are made to the survivor of a person entitled to such payments, in the same circumstances as pension payments would be.

Regulation 6 makes a consequential revocation.

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.