OpenLegislation

The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011

S.R. 2011/135 · Made 21 March 2011 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 2 April 2013.

Housing; Rates; Social Security

Made 21st March 2011

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 30E(1), 122(1)(a) and (d), 131(1), 132(3) and (4)(b), 167A(2), 167D(2) and 171(1), (3) and (4), and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, sections 2A(1) and (8), 5(1)(q), 13A(2)(a) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992f2, Articles 6(5), 14(1) and 36(2) of, and paragraph 3 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995f3 and Articles 11(6) and 74(1) and (3) of the Social Security (Northern Ireland) Order 1998f4, and now vested in itf5, and sections 3(2)(d) 4(2), 17(1) and (3)(b), 25(2) and 28(2) of, and paragraphs 1, 4, 9, and 10 of Schedule 2, to the Welfare Reform Act (Northern Ireland) 2007f6.

Regulations 12 and 13 are made with the consent of the Department of Finance and Personnelf7.

The Social Security Advisory Committee has agreed that proposals in respect of regulations 12 and 13 should not be referred to itf8.

Annotations to the whole text

Footnotes

f1

1992 c.7; section 30E(1) was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)); sections 167A to 167C were inserted by Articles 4(4), 7 and 8(1) respectively, of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I.12)); section 167A was amended by paragraph 22 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)); section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

f2

1992 c. 8; section 2A was inserted by Article 54 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147) and amended by section 3(2)(b) and 29(2) and (4) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)); section 13A was inserted by paragraph 1 of the Schedule to the Social Security (Mortgage Interest Payments) (Northern Ireland) Order 1992 (S.I. 1992/1309 (N.I. 9)) and subsection 2(a) was amended by paragraph 9(b) of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, 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

S.I. 1998/1506 (N.I. 10); Article 74(1) was amended by paragraph 17(2) of Schedule 4 to the Tax Credits Act 2002

f5

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

f6

2007 c. 2 (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)); seealso 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, commencement and interpretation
  2. 2Amendment of the Social Security (General Benefit) Regulations
  3. 3Amendment of the Income Support (General) Regulations
  4. 4Amendment of the Social Security (Claims and Payments) Regulations
  5. 5Amendment of the Social Security (Incapacity Benefit) Regulations
  6. 6Amendment of the Social Security (Incapacity for Work) (General) Regulations
  7. 7Amendment of the Jobseeker’s Allowance Regulations
  8. 8Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
  9. 9Amendment of Social Security (Work-focused Interviews for Lone Parents) Regulations
  10. 10Amendment of to the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations
  11. 11Amendment of Social Security (Work-Focused Interviews) Regulations
  12. 12Amendment of the Housing Benefit Regulations
  13. 13Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
  14. 14Amendment of the Employment and Support Allowance Regulations
  15. 15Revocations
  16. Signature
  17. Schedule Revocations
  18. Explanatory note

1Citation, commencement and interpretationI1I2

(1)

These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 and, subject to paragraphs (2) and (3), shall come into operation on 11th April 2011.

(2)

This regulation and regulations 12 and 13 shall come into operation on 4th April 2011 in relation to any case where rent is payable at intervals of a week, or any multiple of whole weeks, and in any other case on 1st April 2011.

(3)

Regulations 3(6) and (7)(a), 7(7) and (8)(c), 10, 14(10)(a), (11) and (12), so far as they relate to a particular claimant, shall come into operation on the first day of the first benefit week to commence for that claimant on or after 11th April 2011.

(4)

In this regulation “benefit week” has the same meaning—

(a)

for income support, as in regulation 2(1) (interpretation) of the Income Support (General) Regulations (Northern Ireland) 1987f1;

(b)

for jobseeker’s allowance, as in regulation 1(2) (citation, commencement and interpretation) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f2; and

(c)

for employment and support allowance, as in regulation 2(1) (interpretation) of the Employment and Support Allowance Regulations (Northern Ireland) 2008f3.

(5)

The Interpretation Act (Northern Ireland) 1954f4 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of the Social Security (General Benefit) RegulationsI1

For regulation 14 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984f1 (earnings level for the purpose of unemployability supplement under section 58) substitute—

“Earnings level for the purpose of unemployability supplement under section 58

14.
(1)

For the purpose of section 58(3) (earnings level that does not disqualify for unemployability supplement) the prescribed amount of earnings in a year is determined as follows—

(a)

multiply the national minimum wage by 16;

(b)

where the amount determined by the calculation in sub-paragraph (a) would, but for this sub-paragraph, include an amount of—

(i)

less than 50p, the amount determined under sub-paragraph (a) shall be rounded up to the nearest 50p, or

(ii)

less than £1 but more than 50p, the amount determined under sub-paragraph (a) shall be rounded up to the nearest £1; and

(c)

multiply the amount resulting from sub-paragraph (a) or (b) by 52.

(2)

In this regulation “national minimum wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999f2 (rate of the national minimum wage).”.

3Amendment of the Income Support (General) RegulationsI1I2I3

(1)

The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (7).

(2)

In regulation 31 (date on which income is treated as paid)—

(a)

in paragraph (1)f1 for “paragraphs (2) to (4) apply” substitute “paragraph (2) applies”; and

(b)

omit paragraphs (3)f2 and (4)f3.

(3)

In regulation 32(1)f4 (calculation of weekly amount of income) omit “and regulations 31(3) (date on which income is treated as paid)”.

(4)

In regulation 40(1)f5 (calculation of income other than earnings) omit “and regulation 31(3) and (4) (date on which income is treated as paid)”.

(5)

In regulation 54 (interpretation) in head (ii) of paragraph (e) of the definition of “payment”f6 after “rent” insert “or rates”.

(6)

In Schedule 2 (applicable amounts)—

(a)

in paragraph 13Af7 (enhanced disability premium) after sub-paragraph (1) insert—

“(1A)

Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 141A of the Contributions and Benefits Actf8 (entitlement after death of child or qualifying young person).”; and

(b)

in paragraph 14f9 (disabled child premium)—

(i)

at the end of sub-paragraph (1)(a) omit “or”;

(ii)

after sub-paragraph (1)(b) add—

“; or

(c)

a child or young person in respect of whom section 141A of the Contributions and Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.”, and

(iii)

in sub-paragraph (2), after “condition” insert “in sub-paragraph (1)(a) or (b)”.

(7)

In Schedule 3 (housing costs)—

(a)

in paragraphs 4(4A)(b)f10 (housing costs not met), 14(4)(b) and (12)(c)f11 (linking rule) after “income” insert “equal to or”; and

(b)

in paragraph 14—

(i)

in sub-paragraph (1)f12 omit “Subject to sub-paragraph (2),”, and

(ii)

omit sub-paragraph (2)f13.

4Amendment of the Social Security (Claims and Payments) RegulationsI1

(1)

The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987f1 are amended in accordance with paragraphs (2) and (3).

(2)

In the definition of “specified benefit”f2 in paragraph 1(1) of Schedule 8Af3 (deductions from benefits and direct payment to third parties) omit “but does not include any sum payable by way of child maintenance bonus in accordance with Article 4 of the Child Support (Northern Ireland) Order 1995 and the Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996;”.

(3)

In the definition of “relevant benefits”f4 in paragraph 1 of Schedule 8Bf5 (deductions of mortgage interest from benefit and payment to qualifying lenders) omit “but does not include any sum payable by way of child maintenance bonus in accordance with Article 4 of the Child Support (Northern Ireland) Order 1995 and the Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996;”.

5Amendment of the Social Security (Incapacity Benefit) RegulationsI1

For regulation 7 of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994f1 (limit of earnings from councillor’s allowance) substitute—

“Limit of earnings from councillor’s allowance

7.
(1)

Subject to paragraph (3), for the purpose of section 30E(of the Contributions and Benefits Act (incapacity benefit: reduction for councillor’s allowance) the prescribed amount is 16 times the national minimum wage.

(2)

In this regulation “national minimum wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage).

(3)

Where the amount determined by the calculation in paragraph (1) would, but for this paragraph, include an amount of—

(a)

less than 50p, that amount shall be rounded up to the nearest 50p; or

(b)

less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.”.

6Amendment of the Social Security (Incapacity for Work) (General) RegulationsI1

(1)

The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995f1 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 2(1) (interpretation), in the definition of “medical evidence”f2 after “medical evidence” insert “, except in regulation 16A,”.

(3)

In regulation 16Af3 (person to be treated as capable of work at the end of the period covered by medical evidence)—

(a)

renumber the existing provision as paragraph (1);

(b)

in that paragraph (1)(a) omit “in accordance with regulation 28(2)(a)”; and

(c)

after paragraph (1) add—

“(2)

In this regulation “medical evidence” means evidence provided under regulation 2 or 5 of the Medical Evidence Regulations f4.”.

(4)

In regulation 17f5 (exempt work)—

(a)

in paragraphs (3) and (4), for “£95.00” substitute “, subject to paragraph (10), 16 times the national minimum wage”;

(b)

in paragraph (8) after the definition of “less than 16 hours a week” insert—

  • ““national minimum wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage);”; and

(c)

after paragraph (9)f6 add—

“(10)

Where the amount determined by the calculation in paragraphs (3) and (4) would, but for this paragraph, include an amount of—

(a)

less than 50p, that amount shall be rounded up to the nearest 50p; or

(b)

less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.”.

7Amendment of the Jobseeker’s Allowance RegulationsI1I2I3

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) to (8).

(2)

In regulation 55(4)f1 (short periods of sickness) omit “12 weeks of an entitlement of his to employment and support allowance or”.

(3)

In regulation 96 (date on which income is treated as paid)—

(a)

in paragraph (1)f2 for “paragraphs (2) to (4) apply” substitute “paragraph (2) applies”; and

(b)

omit paragraphs (3)f3 and (4)f4.

(4)

In regulation 97(1)f5 (calculation of weekly amount of income) omit “and regulation 96(3) (date on which income is treated as paid)”.

(5)

In regulation 103(1)f6 (calculation of income other than earnings) omit “and regulation 96(3) and (4) (date on which income is treated as paid)”.

F1(6)

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

(7)

In Schedule 1 (applicable amounts)—

(a)

in paragraph 15Af7 (enhanced disability premium) after sub-paragraph (1) insert—

“(1A)

Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 141A of the Benefits Act (entitlement after death of child or qualifying young person).”; and

(b)

in paragraph 16f8 (disabled child premium)—

(i)

at the end of sub-paragraph (1)(a) omit “or”,

(ii)

after sub-paragraph (1)(b) insert—

“; or

(c)

a child or young person in respect of whom section 141A of the Benefits Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.”, and

(iii)

in sub-paragraph (2), after “condition” insert “in sub-paragraph (1)(a) or (b)”.

(8)

In Schedule 2 (housing costs)—

(a)

in paragraph 13(1)f9 (linking rule) for “sub-paragraphs (2) and (2A)” substitute “sub-paragraph (2A)”;

(b)

omit paragraph 13(2)f10; and

(c)

in paragraph 13(5)(b) after “income” insert “equal to or”.

8Amendment of the Social Security and Child Support (Decisions and Appeals) RegulationsI1

In Schedule 2B to the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999f1 (date on which change of circumstances takes effect where a claimant is entitled to state pension credit)—

(a)

for paragraph 1(b) substitute—

“(b)

except as provided in the following paragraphs—

(i)

where state pension credit is paid in advance, from the day that change occurs or is expected to occur if either of those days is the first day of a benefit week but if it is not, from the next following such day,

(ii)

where state pension credit is paid in arrears, from the first day of the benefit week in which that change occurs or is expected to occur.”;

F1(b)

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

(c)

in paragraph 7f2, for “paragraphs 9 and 10” substitute “paragraph 10”;

(d)

omit paragraph 9f3; and

(e)

in paragraph 10 omit “state pension is paid in advance and”.

9Amendment of Social Security (Work-focused Interviews for Lone Parents) RegulationsI1

In regulation 2 of the Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001f1 (general requirement for lone parents claiming or entitled to income support to take part in an interview) for paragraph (8) substitute—

“(8)

In this regulation “relevant interview” means an interview under these Regulations in relation to the lone parent’s current award of income support.”.

10Amendment of to the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) RegulationsI1I2

(1)

The Social Security (Working Tax Credit and Child Tax Credit) Consequential Amendments) Regulations (Northern Ireland) 2003f1 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 6 (income support-transitional arrangements) omit paragraphs (6) and (7)f2.

(3)

In regulation 7 (jobseeker’s allowance-transitional arrangements) omit paragraphs (5) and (6)f3.

11Amendment of Social Security (Work-Focused Interviews) RegulationsI1

In regulation 3 of the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003f1 (continuing entitlement to a specified benefit dependent on an interview) for paragraph (5A)f2 substitute—

“(5A)

In this regulation “relevant interview” means an interview under these Regulations in relation to the lone parent’s current award of the specified benefit.”.

12Amendment of the Housing Benefit RegulationsI1I2

(1)

The Housing Benefit Regulations (Northern Ireland) 2006f1 are amended in accordance with paragraphs (2) and (3).

(2)

In Schedule 4 (applicable amounts)—

(a)

in paragraph 15f2 (enhanced disability premium)—

(i)

after sub-paragraph (1) insert—

“(1A)

Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 141A of the Actf3 (entitlement after death of child or qualifying young person).”, and

(ii)

in sub-paragraph (2) for “An enhanced disability premium shall not be applicable in respect of” substitute “The condition is not satisfied if the person to whom sub-paragraph (1) refers is”; and

(b)

in paragraph 16 (disabled child premium) for sub-paragraph (c) substitute—

“(c)

is a child or young person in respect of whom section 141A of the Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.”.

(3)

In Schedule 7 (capital to be disregarded) omit paragraph 47 (child maintenance bonus).

13Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) RegulationsI1I2

In Schedule 4 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006f1—

(a)

in paragraph 7 (enhanced disability premium)—

(i)

renumber the existing provision as sub-paragraph (1);

(ii)

at the beginning of that sub-paragraph insert “Subject to sub-paragraph (2),”, and

(iii)

after sub-paragraph (1) add—

“(2)

Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant is entitled to child benefit in respect of that person under section 141A of the Act (entitlement after death of child or qualifying young person).”; and

(b)

in paragraph 8 (disabled child premium) for sub-paragraph (c) substitute—

“(c)

is a child or young person in respect of whom section 141A of the Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.”.

14Amendment of the Employment and Support Allowance RegulationsI1I2I3I4

(1)

The Employment and Support Allowance Regulations (Northern Ireland) 2008f1 are amended in accordance with paragraphs (2) to (12).

(2)

In regulation 2(1) (interpretation)—

(a)

in the definition of “medical evidence”, after “medical evidence” insert “, except in regulation 32A,”; and

(b)

after the definition of “mobility supplement” insert—

  • ““national minimum wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage);”.

(3)

Renumber regulation 32Af2 (claimants to be treated as not having limited capability for work at the end of the period covered by medical evidence) as paragraph (1) of that regulation and in the renumbered paragraph (1)—

(a)

in sub-paragraph (a) omit “in accordance with regulation 30(2)(a)”; and

(b)

after paragraph (1) add—

“(2)

In this regulation “medical evidence” means evidence provided under regulation 2 or 5 of the Medical Evidence Regulations.”.

(4)

In regulation 45 (exempt work)—

(a)

in paragraphs (3) and (4)f3 for “£95.00” substitute “ subject to paragraph (9A), 16 times the national minimum wage”; and

(b)

after paragraph (9) insert—

“(9A)

Where the amount determined by the calculation in paragraphs (3) and (4) would, but for this paragraph, include an amount of—

(a)

less than 50p, that amount shall be rounded up to the nearest 50p; or

(b)

less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.”.

(5)

In regulation 76 (deductions for councillor’s allowance)—

(a)

in paragraph (1) for “£95.00f4” substitute “subject to paragraph (3), 16 times the national minimum wage”; and

(b)

after paragraph (2) add—

“(3)

where the amount determined by the calculation in paragraph (1) would, but for this paragraph, include an amount of—

(i)

less than 50p, that amount shall be rounded up to the nearest 50p; or

(ii)

less than £1 but more than 50p, that amount shall be rounded up to the nearest £1.”.

(6)

In regulation 93 (date on which income is treated as paid)—

(a)

in paragraph (1) omit “or (3)”; and

(b)

omit paragraphs (3) and (4)f5.

(7)

In regulation 104(1)f6 (calculation of income other than earnings) omit “and regulation 93(3) and (4) (date on which income is treated as paid)”.

(8)

In regulation 149(1)f7 (linking rules-limited capability for work) after “employment and support allowance” add “until it is determined whether that beneficiary has, or is treated as having, limited capability for work following a limited capability for work assessment”.

(9)

In regulation 150f8 (linking rules-limited capability for work-related activity) after “employment and support allowance” add “until it is determined whether that beneficiary has, or is treated as having, limited capability for work-related activity in accordance with regulation 34 or 35”.

(10)

In Schedule 6 (housing costs)—

(a)

in paragraph 6(5)(b) (housing costs not met) after “income” insert “equal to or”;

(b)

in paragraph 15(1) (linking rules) omit “Subject to sub-paragraph (2),”;

(c)

omit paragraph 15(2); and

(d)

in paragraph 15(8)—

(i)

in sub-paragraph (b) after “income” insert “equal to or”, and

(ii)

after sub-paragraph (b) insert—

“(bb)

an amount of contributory allowance payable in respect of a claimant under section 2 that is equal to, or exceeds, the applicable amount in the claimant’s case; or”.

(11)

In paragraphs 5, 6 and 7(3)(b) of Schedule 7f9 (sums to be disregarded in the calculation of earnings) for “£95.00”, in each place where it occurs, substitute “16 times the national minimum wage”.

(12)

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) in paragraph 7 for sub-paragraph (3)f10 substitute—

“(3)

Any increase in respect of a dependent child or dependent young person under section 80 or 90 of the Contributions and Benefits Act.”.

15RevocationsI1

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 21st March 2011

(L.S.)

Anne Mc Cleary

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulations 12 and 13.

Sealed with the Official Seal of the Department of Finance and Personnel on 22nd March 2011

(L.S.)

Adrian Arbuthnot

A senior officer of the Department of Finance and Personnel

RevocationsI1

Column (1)Column (2)Column (3)
CitationReferenceExtent of revocation

The Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 1996

S.R. 1996 No. 622Regulation 16(2)

The Social Security (1998 Order) (Commencement No. 11 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999

S.R. 1999 No. 472 (C. 36)Article 7(11)(b)(iii)

The Jobseeker’s Allowance (Joint Claims) Regulations (Northern Ireland) 2000

S.R. 2000 No. 350Paragraph 54(8)(a) of Schedule 2

The Child Support (Consequential Amendments and Transitional Provisions) Regulations (Northern Ireland) 2001

S.R. 2001 No. 29Regulation 4

The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments No. 3) Regulations (Northern Ireland) 2003

S.R. 2003 No. 338Regulations 2(2),4(2), 6(2)(d) and (3)(b)

The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2004

S.R. 2004 No. 143Regulation 9

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

S.R. 2008 No. 428Regulations 2(3) and 4(3)

The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations (Northern Ireland) 2008

S.R. 2008 No. 503

Regulations 9(h) (i) and 10(i)(i)

The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009

S.R. 2009 No. 92Regulation 8(4)

The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009

S.R. 2009 No. 338Regulations 2(7) and (14)(b), 4(7) and (13) and 8(7)

The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2010

S.R. 2010 No. 200Regulation 9(20)(a)

The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2010

S.R. No. 2010 No. 311The whole Regulations

Explanatory note

(This note is not part of the Regulations)

These Regulations amend—

  • the Social Security (General Benefit ) Regulations (Northern Ireland) 1984 (“the General Benefit Regulations”);

  • the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”);

  • the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (“the Claims and Payments Regulations”);

  • the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994;

  • the Social Security (Incapacity Benefit for Work) Regulations (Northern Ireland) 1995;

  • the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”);

  • the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (“the Decisions and Appeals Regulations”);

  • the Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001;

  • the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations (Northern Ireland) 2003;

  • the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003;

  • the Housing Benefit Regulations (Northern Ireland) 2006 (“the Housing Benefit Regulations”);

  • the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (“the Housing Benefit SPC Regulations”), and

  • the Employment and Support Allowance Regulations (Northern Ireland) 2008 (“the Employment and Support Allowance Regulations”).

Regulations 3(2) to (4), 7(3) to (5) and 14(6) and (7) amend the Income Support Regulations, the Jobseeker’s Allowance Regulations and the Employment and Support Allowance Regulations respectively, by simplifying the rules where income received from Working Tax Credit is treated as paid.

Regulations 3(6), 7(7), 12(2) and 13 also amend the Income Support Regulations, the Jobseeker’s Allowance Regulations, the Housing Benefit Regulations and the Housing Benefit SPC Regulations respectively, to make it clear that disabled child and enhanced disability premiums continue in payment for a period of 8 weeks following the death of a child for whom child benefit was being paid.

Regulations 3(7), 7(8) and 14(10) amend the Income Support Regulations, the Jobseeker’s Allowance Regulations and the Employment and Support Allowance Regulations respectively, by removing linking rules which had become obsolete, and amending other linking rules to make it clear that they apply where a person’s income is equal to (as well as more than) the amount of benefit payable. Regulations 3(5) and 7(6) correct an oversight in the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively, so as to include a reference to “rates”.

Regulations 4 and 12(3) amend the Social Security (Claims and Payments) Regulations and the Housing Benefit SPC Regulations respectively, to remove out of date references to sums payable by way of child maintenance bonus.

Regulation 6(2) and (3) amends the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 to provide a separate definition of medical evidence where a claimant is treated as being capable of work at the end of a period covered by medical evidence. By expressly cross-referring to the Social Security (Medical Evidence) Regulations 1976, it is made clearer that evidence for the purposes of establishing incapacity for work may include the provision of a self certificate for the first 7 days of a spell of incapacity. Similar amendments are made to the Employment and Support Allowance Regulations in respect of establishing limited capability for work, (regulation 14(2)(a) and (3)).

Regulation 7(2) amends the Jobseeker’s Allowance Regulations to remove a provision by which benefit is disallowed if a period of sickness occurs within 12 weeks after a previous claim for employment and support allowance has ended.

Regulation 8 amends Schedule 2B to the Decisions and Appeals Regulations in relation to dates when changes of circumstances take effect for awards of state pension credit. Dates when those changes of circumstances take effect will now depend on whether the claimant is paid in advance or arrears, (paragraph (a)). Where the claimant begins receiving disability living allowance (middle or higher rate care component) or attendance allowance, specific provision is also made as to the day when the change takes effect, paragraph (b)). There is also a change to provide that where a claimant for state pension credit dies, the decision superseding the state pension credit award takes effect from the beginning of the following benefit week (paragraphs (c) to (e)).

Regulations 9 and 11 amend the Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001 and the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003 respectively, to update the definition of “relevant interview”.

Regulation 10 amends the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations (Northern Ireland) 2003 to remove the £10.50 income disregard for income support and jobseeker’s allowance currently applied to those who have been in continuous receipt of those benefits since August 2005 and who have not claimed child tax credit.

Regulation 14(2)(b), (4), (5) and (11) amend the Employment and Support Allowance Regulations to link the amounts to be disregarded from various sources of income with the current rate of the national minimum wage.

Similar amendments are made to other legislation in respect of the unemployability supplement to Industrial Injuries Disablement Benefit (regulation 2) and to the limit of earnings from councillor’s allowance and exempt work in the context of incapacity benefit (regulations 5 and 6).

Regulation 14(8) and (9) amend regulations 149(1) and 150 of the Employment and Support Allowance Regulations respectively, to make clear that a work or training beneficiary is treated as having limited capability for work or limited capability for work-related activity from the first day within a linking term (i.e. a period of 104 weeks from the first day immediately following the last day in a period of limited capability for work), only until it is determined whether or not that beneficiary has, or is treated as having (i) limited capability for work or (ii) limited capability for work-related activity.

Regulation 14(12) amends the Employment and Support Allowance Regulations to make it clear that income received from a child dependency increase is to be disregarded when calculating income.

Regulation 15 makes consequential revocations.

In so far as these Regulations are required, for the purposes of regulations 12 and 13, 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) or, as the case may be, (2A) of that section for prior reference to the Social Security Advisory Committee or the Industrial Injuries Advisory Council.