The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008

S.R. 2008/428 · Made 23 October 2008 · Extends to Northern Ireland

Housing; Rates; Social Security

Made 23rd October 2008

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), 129A(2), 131(1), 132(3) and (4)(a) to (c), 132A(3), 133(2)(h) and 171(1) to (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f1, sections 5(1)(h) and (q) and 165(1) and (3) to (5) of the Social Security Administration (Northern Ireland) Act 1992^f2 and Articles 6(5), 14(1) to (3) and (4)(a) to (c) and 36(2) of, and paragraph 3(b) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995^f3, and now vested in it^f4, and sections 2(3)(b) and (6), 15(3) and (6)(b) and 19(1), (2)(a) and (3) of the State Pension Credit Act (Northern Ireland) 2002^f5.

Regulations 6 and 7 are made with the consent of the Department of Finance and Personnel^f6.

The Social Security Advisory Committee has agreed that proposals in respect of regulations 6 and 7 should not be referred to it^f7.

Annotations to the whole text

Footnotes

f1: 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)) and amended by Schedule 3 to the State Pension Credit Act (Northern Ireland) 2002 (c.14 (N.I.)), section 129A was inserted by section 30(2) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)), section 132A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)
f2: 1992 c. 8; 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) 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 (N.I.)
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
f7: See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992

1Citation commencement and interpretation
2Amendment of the Income Support (General) Regulations
3Amendment of the Social Security (Claims and Payments) Regulations
4Amendment of the Jobseeker’s Allowance Regulations
5Amendment of the State Pension Credit Regulations
6Amendment of the Housing Benefit Regulations
7Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
8Revocations
Signature
Schedule Revocations
Explanatory note

1Citation commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 and shall, subject to paragraph (2) come into operation on 17th November 2008.

(2)

Regulation 7(5) shall come into operation on 6th April 2009.

(3)

The Interpretation Act (Northern Ireland) 1954^f1 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) 1987^f1 are amended in accordance with paragraphs (2) to (10).

(2)

In regulation 2(1) (interpretation)—

(a)

omit the definitions of—

(i)

“community charge benefit”^f2;

(ii)

“the Independent Living Fund”^f3;

(iii)

“the Independent Living Funds”^f4;

(iv)

“the Independent Living (Extension) Fund”, and

(v)

“the Independent Living (1993) Fund”;

(b)

in the definition of “non-dependant deduction” for “paragraph 11” substitute “paragraph 18”;

(c)

in the definition of “training allowance”^f5—

(i)

for “Department of Economic Development” in each place where it occurs, substitute “Department for Employment and Learning”, and

(ii)

omit “sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945^f6 or”; and

(d)

in the definition of “youth training programme”^f7 omit “sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or”.

F1(3)

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

(4)

In regulation 32(1)^f8 (calculation of weekly amount of income)—

(a)

after “other than earnings)” insert “and regulations 31(3) (date on which income is treated as paid)” and after “a payment” insert “of income or tax credit”; and

(b)

for sub-paragraph (b)(iii) substitute—

“(iii)
in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7; and
(iiia)
in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52;”.

(5)

In—

(a)

regulation 42(4ZA)(a)^f9 (notional income);

(b)

regulation 48(10)(c) ^f10 (income treated as capital);

(c)

regulation 51(3A)(a)^f11 (notional capital);

F2(d)

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

(e)

paragraph 18(8)(b)^f12 of Schedule 3 (housing costs);

(f)

paragraphs 21(2)^f13 and 39(1)^f14 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings); and

(g)

paragraph 22(1)^f15of Schedule 10 (capital to be disregarded),

for “Funds” substitute “Fund (2006)”.

(6)

In regulation 61(1)^f16 (interpretation)—

F3(a)

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

(b)

for the definition of “sandwich course”^f17 substitute—

““sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations (Northern Ireland) 2008^f18, regulation 2(10) of the Education (Student Support) Regulations (No. 2) 2008^f19 or regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007^f20, as the case may be;”;

(c)

in paragraph (c) of the definition of “standard maintenance grant”^f21 omit “and paid under the Further and Higher Education (Scotland) Act 1992”; and

(d)

in the definition of “student loan”^f22 for “the Students’ Allowances (Scotland) Regulations 1999” substitute “the Students’ Allowances (Scotland) Regulations 2007^f23”.

(7)

In regulation 66A^f24 (treatment of student loans)—

(a)

in paragraph (1) omit “unless it is a hardship loan in which case it shall be disregarded”; and

(b)

omit paragraph (1A).

(8)

In Schedule 3^f25 (housing costs)—

(a)

in paragraph 4(10)(b) (housing costs not met) for “children” substitute “persons” and for “who belong to the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”;

(b)

in paragraph 14(3) (linking rule) omit “under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945”;

(c)

in paragraph 16(2)(l) (loans for repairs and improvements to the dwelling occupied as the home) for “children” substitute “persons” and for “who are part of the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”; and

(d)

for paragraph 18(7)(b) (non-dependant deductions) substitute—

“(b)
if he is in receipt of an allowance paid in connection with a youth training programme provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the Employment and Training Act (Northern Ireland) 1950^f26.”.

(9)

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) omit paragraph 45^f27.

(10)

In Schedule 10 (capital to be disregarded) in paragraph 29^f28 omit “, the Independent Living (1993) Fund”.

3Amendment of the Social Security (Claims and Payments) RegulationsI1

In Schedule 8A of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987^f1 (deductions from benefit and direct payment to third parties) at the end of paragraph 9(1)(a) add “, paragraph 4 (miscellaneous accommodation costs) or paragraph 4A (hostel payments).”

4Amendment of the Jobseeker’s Allowance RegulationsI1

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996^f1 are amended in accordance with paragraphs (2) to (9).

(2)

In regulation 1(2) (citation, commencement and interpretation)—

(a)

omit the definitions of—

(i)

“the Independent Living Fund”;

(ii)

“the Independent Living Funds”^f2;

(iii)

“the Independent Living (Extension) Fund”, and

(iv)

“the Independent Living (1993) Fund”;

(b)

for the definition of “sandwich course”^f3 substitute—

““sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations (Northern Ireland) 2008, regulation 2(10) of the Education (Student Support) (No. 2) Regulations 2008 or regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007 as the case may be;”; and

(c)

in the definition of “training allowance”^f4 omit “sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or”.

F1(3)

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

(4)

In regulation 97(1)^f5 (calculation of weekly amount of income)—

(a)

after “other than earnings)” insert “and regulation 96(3) (date on which income is treated as paid)” and after “a payment” insert “of income or tax credit”; and

(b)

for sub-paragraph (b)(iii) substitute—

“(iii)
in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7; and
(iiia)
in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52;”.

(5)

In—

(a)

regulation 105(10A)(a)^f6 (notional income);

(b)

regulation 110(10)(c) (income treated as capital);

(c)

regulation 113(3A)(a)^f7 (notional capital);

F2(d)

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

(e)

paragraph 17(8)(b) of Schedule 2 (housing costs);

(f)

paragraphs 22(2) and 41(1) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings); and

(g)

paragraphs 27(1)^f8 and 31 of Schedule 7 (capital to be disregarded),

for “Funds” substitute “Fund (2006)”.

(6)

In regulation 130 (interpretation)—

(a)

in paragraph (c)^f9 of the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”; and

(b)

in the definition of “student loan”^f10 for “the Students’ Allowances (Scotland) Regulations 1999” substitute “the Students’ Allowances (Scotland) Regulations 2007^f11”.

(7)

In regulation 136 (treatment of student loans)—

(a)

in paragraph (1)^f12 omit “unless it is a hardship loan in which case it shall be disregarded”; and

(b)

omit paragraph (1A).

(8)

In Schedule 2 (housing costs)—

(a)

in paragraph 4(10)(b)^f13 (housing costs not met) for “children” substitute “persons” and for “who belong to the same family as a claimant”, substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”;

(b)

in paragraph 13(3)^f14 (linking rule) omit “provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or”;

(c)

in paragraph 15(2)(l) (loans for repairs and improvements to the dwelling occupied as the home) for “children” substitute “persons” and for “who are part of the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”; and

(d)

for paragraph 17(7)(b)^f15 (non-dependant deductions) substitute—

“(b)
if he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the Employment and Training Act (Northern Ireland) 1950 for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;”.

(9)

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) omit paragraph 44.

5Amendment of the State Pension Credit RegulationsI1

(1)

The State Pension Credit Regulations (Northern Ireland) 2003^f1 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 1(2) (citation, commencement and interpretation) omit the definitions of—

(a)

“the Independent Living Fund”;

(b)

“the Independent Living Funds”^f2;

(c)

“the Independent Living (Extension) Fund”; and

(d)

“the Independent Living (1993) Fund”.

(3)

In Schedule 2 (housing costs)—

(a)

for paragraph 10(6) (excessive housing costs) substitute—

“(6)
Where sub-paragraph (4) does not apply and the claimant or the claimant’s partner was able to meet the financial commitments for the dwelling occupied as the home when these were entered into, no restriction shall be made under this paragraph during the first 26 weeks immediately following the date on which—

(a)
the claimant became entitled to state pension credit where the claimant’s housing costs fell within one of the cases in sub-paragraph (1) on that date; or

(b)
a decision took effect which was made under Article 11 of the Social Security (Northern Ireland) Order 1998^f3 (decisions superseding earlier decisions) on the grounds that the claimant’s housing costs fell within one of the cases in sub-paragraph (1),

nor during the next 26 weeks if and so long as the claimant uses his best endeavours to obtain cheaper accommodation.”;

(b)

for paragraph 14(7)(b) (persons residing with the claimant) substitute—

“(b)
if he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the Employment and Training Act (Northern Ireland) 1950 for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;”; and

(c)

in paragraph 14(8)(b) for the word “Funds” substitute “Fund (2006)”.

(4)

In paragraph 15(1) of Schedule 5^f4 (income from capital) for the word “Funds” substitute “Fund (2006)”.

6Amendment of the Housing Benefit RegulationsI1

(1)

The Housing Benefit Regulations (Northern Ireland) 2006^f1 are amended in accordance with paragraphs (2) to (7).

(2)

In regulation 2(1) (interpretation) omit the definitions of—

(a)

“community charge benefit”;

(b)

“the Independent Living Fund”;

(c)

“the Independent Living Funds”^f2;

(d)

“the Independent Living (Extension) Fund”; and

(e)

“the Independent Living (1993) Fund”.

(3)

In—

(a)

regulation 39(7)(a) (notional income);

(b)

regulation 43(6) (income treated as capital);

(c)

regulation 46(4)(a) (notional capital);

(d)

regulation 72(9)(b) (non-dependant deductions);

(e)

regulation 82(4)(b) and (c) (evidence and information);

(f)

paragraph 37(1) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings); and

(g)

paragraph 25(1) of Schedule 7 (capital to be disregarded),

for “Funds” substitute “Fund (2006)”.

(4)

In regulation 50(1) (interpretation)—

F1(a)

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

(b)

in the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”.

(5)

In regulation 72(7) (non-dependant deductions) for sub-paragraph (b) substitute—

“(b)
he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the 1950 Act for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;”.

(6)

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) omit paragraph 42.

(7)

In Schedule 7 (capital to be disregarded)—

(a)

in paragraph 35^f3 omit “, the Independent Living (1993) Fund”; and

(b)

omit paragraph 37.

7Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) RegulationsI1 I2

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006^f1 are amended in accordance with paragraphs (2) to (5).

(2)

In regulation 2(1) (interpretation) omit the definitions of—

(a)

“the Independent Living Fund”;

(b)

“the Independent Living Funds”^f2;

(c)

“the Independent Living (Extension) Fund”; and

(d)

“the Independent Living (1993) Fund”.

(3)

In regulation 53 (non-dependant deductions)—

(a)

for sub-paragraph (7)(b) substitute—

“(b)
he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the 1950 Act for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;”; and

(b)

in sub-paragraph (10)(b) for “Funds” substitute “Fund (2006)”.

(4)

In—

(a)

regulation 63(4)(b) and (c) (evidence and information); and

(b)

paragraph 16(1)(b) of Schedule 7 (capital to be disregarded),

for “Funds” substitute “Fund (2006)”.

(5)

In paragraph 14(a)(ii)^f3 of Schedule 9 (matters to be included in decision notice) for “income support or an income-based jobseeker’s allowance” substitute “state pension credit”.

8RevocationsI1

The provisions 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 23rd October 2008

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulation 6 and 7.

Sealed with the Official Seal of the Department of Finance and Personnel on 24th October 2008

(L.S.)

Jack Layberry

A senior officer of the Department of Finance and Personnel

RevocationsI1

Column (1)	Column (2)	Column (3)
Citation	Reference	Extent of revocation
The Family Credit and Income Support (General) (Amendment) Regulations (Northern Ireland) 1988	S.R. 1988 No. 205	Regulation 4
The Income-Related Benefits (Amendment) Regulations (Northern Ireland) 1993	S.R.1993 No. 120	Regulation 4(2)(a)
The Social Security Benefits (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1993	S.R. 1993 No. 195	Regulation 5(2)
The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996	S.R. 1996 No. 503	Regulation 2(18)(b)(ii)
The Social Security (Students and Income-Related Benefits Amendment) Regulations (Northern Ireland) 2002	S.R. 2002 No. 222	Regulation 2(1)(c)
The Independent Living Fund (2006) Order (Northern Ireland) 2007	S.R. 2007 No. 382	Articles 2(2)(a), 4(a) 5(a), 7(2)(a) and 8(a)

Explanatory note

(This note is not part of the Regulations)

These Regulations amend various provisions relating to social security.

Regulations 2 and 4 to 7 amend the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”), the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”), the State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”), the Housing Benefit Regulations (Northern Ireland) 2006 (“the Housing Benefit Regulations”) and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 so as to:

remove obsolete references to the Independent Living Fund, the Independent Living Funds, the Independent Living (Extension) Fund and the Independent Living (1993) Fund; and
replace and update references relating to unwaged trainees in the non-dependant deductions provisions.

Regulations 2, 4 and 6 amend the Income Support Regulations, the Jobseeker’s Allowance Regulations and the Housing Benefit Regulations so as to:

ensure that provisions relating to students no longer refer to the Further and Higher Education (Scotland) Act 1992 and where appropriate, update references to the Education (Scotland) Act 1980; and
remove obsolete references to community charge benefit.

Regulations 2 and 4 amend the Income Support Regulations and the Jobseeker’s Allowance Regulations to:

ensure that where working tax credit is awarded for an annual period a weekly amount is calculated by multiplying the daily rate by 7;
ensure that where working tax credit remains in payment for the first 4 weeks after the claimant ceased work or began working less than 16 hours a week, any such payment may be taken into account from the start of the income support or jobseeker’s allowance claim and for an appropriate number of weeks;
ensure that a loan will qualify for the purposes of housing costs if it is taken out for the provision of separate sleeping accommodation for a person regarded as a “qualifying young person” who could be someone up to 20 years of age;
remove obsolete references in the linking rules for housing cost provisions;
ensure that the definitions of “sandwich course” and “student loan” contains the correct cross-references to current legislation; and
remove obsolete references to “hardship loans” from the student provisions.

Regulation 2 also amends the Income Support Regulations so as to correct references to legislation in the definitions of “non-dependant deduction”, “training allowance” and “youth training programme”.

Regulation 3 amends the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 so as to add “miscellaneous housing costs” and “hostel payments” to the priority order for debts for which a deduction from benefit could be made.

Regulation 5 also amends the State Pension Credit Regulations to clarify the circumstances under which excessive housing costs could be met following a superseding decision.

Regulation 7 also amends the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 to correct provisions relating to decision notices so that instead of referring to “income support or an income-based jobseeker’s allowance” the notice will refer to “state pension credit”.

Regulation 8 makes consequential revocations.

In so far as these Regulations are required, for the purposes of regulations 6 and 7, 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.

The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008

Annotations to the whole text

Footnotes

Contents