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The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations (Northern Ireland) 2016

S.R. 2016/110 · Made 4 March 2016

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Security

Made 4th March 2016

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), 129A(2), 131(1) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, Articles 6(5) and 36(1) and (2) of the Jobseekers (Northern Ireland) Order 1995f2, sections 2(3)(b), 3(7) and 12(2)(b) and (c) of the State Pension Credit Act (Northern Ireland) 2002f3 and sections 4(2) and 25(1) and (2) of the Welfare Reform Act (Northern Ireland) 2007f4 and now vested in itf5.

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 129A was inserted by section 30(2) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

f2

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 (S.I. 1999/671)

f3

2002 c. 14 (N.I.)

f4

2007 c. 2 (N.I.)

f5

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

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Income Support Regulations
  3. 3Amendment of the Jobseeker’s Allowance Regulations
  4. 4Amendment of the State Pension Credit Regulations
  5. 5Amendment of the Housing Benefit Regulations
  6. 6Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
  7. 7Amendment of the Employment and Support Allowance Regulations
  8. Signature
  9. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations (Northern Ireland) 2016 and shall come into operation for the purposes of—

(a)

this regulation, on 1st April 2016;

(b)

regulation 2, 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 11th April 2016, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support (General) Regulations (Northern Ireland) 1987f1;

(c)

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 11th April 2016, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f2;

(d)

regulation 4, 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 11th April 2016, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the State Pension Credit Regulations (Northern Ireland) 2003f3;

(e)

regulation 5, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 4th April 2016, and in relation to any other case, on 1st April 2016, and for the purpose of this sub-paragraph “rent” has the same meaning as in the Housing Benefit Regulations (Northern Ireland) 2006f4;

(f)

regulation 6, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 4th April 2016, and in relation to any other case, on 1st April 2016, and for the purpose of this sub-paragraph “rent” has the same meaning as in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006f5; and

(g)

regulation 7, 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 11th April 2016, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Employment and Support Allowance Regulations (Northern Ireland) 2008f6.

2Amendment of the Income Support Regulations

(1)

The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) and (3).

(2)

In paragraph 15 of Schedule 2 (applicable amounts: weekly amounts of premiums specified in Part III) in column (2) for “£116∙00” in sub-paragraphs (2)f1, (2A) and (3) substitute “£122∙70”.

(3)

In paragraph 18 of Schedule 3f2 (housing costs: non-dependant deductions)—

(a)

in sub-paragraph (1) for “£93∙80” and “£14∙55” substitute “£94∙50” and “£14∙65” respectively; and

(b)

in sub-paragraph (2)—

(i)

in head (a) for “£129∙00” substitute “£133∙00”,

(ii)

in head (b) for “£129∙00”, “£189∙00” and “£33∙40” substitute “£133∙00”, “£195∙00” and “£33∙65” respectively,

(iii)

in head (c) for “£189∙00”, “£246∙00” and “£45∙85” substitute “£195∙00”, “£253∙00” and “£46∙20” respectively,

(iv)

in head (d) for “£246∙00”, “£328∙00” and “£75∙05” substitute “£253∙00”, “£338∙00” and “£75∙60” respectively, and

(v)

in head (e) for “£328∙00”, “£408∙00” and “£85∙45” substitute “£338∙00”, “£420∙00” and “£86∙10” respectively.

3Amendment of the Jobseeker’s Allowance Regulations

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) and (3).

(2)

In Schedule 1 (applicable amounts)—

(a)

in paragraph 20f1 (weekly amounts of premiums specified in Part III) in the column headed “Amount”—

(i)

for “£78∙10”, “£116∙00” and “£116∙00” in sub-paragraph (2) substitute “£82∙50”, “£122∙70” and “£122∙70” respectively,

(ii)

for “£116∙00” in sub-paragraph (3) substitute “£122∙70”, and

(iii)

for “£78∙10” and “£116∙00” in sub-paragraph (4) substitute “£82∙50” and “£122∙70” respectively; and

(b)

in paragraph 20Mf2 (weekly amounts of premiums specified in Part IVA) in the column headed “Amount” for “£116∙00” in sub-paragraphs (1) and (2) substitute “£122∙70”.

(3)

In paragraph 17 of Schedule 2f3 (housing costs: non-dependant deductions)—

(a)

in sub-paragraph (1) for “£93∙80” and “£14∙55” substitute “£94∙50” and “£14∙65” respectively; and

(b)

in sub-paragraph (2)—

(i)

in head (a) for “£129∙00” substitute “£133∙00”,

(ii)

in head (b) for “£129∙00”, “£189∙00” and “£33∙40” substitute “£133∙00”, “£195∙00” and “£33∙65” respectively,

(iii)

in head (c) for “£189∙00”, “£246∙00” and “£45∙85” substitute “£195∙00”, “£253∙00” and “£46∙20” respectively,

(iv)

in head (d) for “£246∙00”, “£328∙00” and “£75∙05” substitute “£253∙00”, “£338∙00” and “£75∙60” respectively, and

(v)

in head (e) for “£328∙00”, “£408∙00” and “£85∙45” substitute “£338∙00”, “£420∙00” and “£86∙10” respectively.

4Amendment of the State Pension Credit Regulations

(1)

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

(2)

In regulation 7f1 (savings credit) in paragraph (2) for “£126∙50” and “£201∙80” substitute “£133∙82” and “£212∙97” respectively.

(3)

In paragraph 14 of Schedule 2f2 (persons residing with the claimant)—

(a)

in sub-paragraph (1) for “£93∙80” and “£14∙55” substitute “£94∙50” and “£14∙65” respectively; and

(b)

in sub-paragraph (2)—

(i)

in head (a) for “£129∙00” substitute “£133∙00”,

(ii)

in head (b) for “£129∙00”, “£189∙00” and “£33∙40” substitute “£133∙00”, “£195∙00” and “£33∙65” respectively,

(iii)

in head (c) for “£189∙00”, “£246∙00” and “£45∙85” substitute “£195∙00”, “£253∙00” and “£46∙20” respectively,

(iv)

in head (d) for “£246∙00”, “£328∙00” and “£75∙05” substitute “£253∙00”, “£338∙00” and “£75∙60” respectively, and

(v)

in head (e) for “£328∙00”, “£408∙00” and “£85∙45” substitute “£338∙00”, “£420∙00” and “£86∙10” respectively.

(4)

In paragraph 1 of Schedule 3f3 (polygamous marriages)—

(a)

in sub-paragraph (5) for “£230∙85” and “£79∙65” substitute “£237∙55” and “£81∙95” respectively; and

(b)

in sub-paragraph (7) for “£201∙80” substitute “£212∙97”.

5Amendment of the Housing Benefit Regulations

In regulation 72f1 (non-dependant deductions) of the Housing Benefit Regulations (Northern Ireland) 2006—

(a)

in paragraph (1) for “£93∙80” and “£14∙55” substitute “£94∙50” and “£14∙65” respectively; and

(b)

in paragraph (2)—

(i)

in sub-paragraph (a) for “£129∙00” substitute “£133∙00”,

(ii)

in sub-paragraph (b) for “£129∙00”, “£189∙00” and “£33∙40” substitute “£133∙00”, “£195∙00” and “£33∙65” respectively,

(iii)

in sub-paragraph (c) for “£189∙00”, “£246∙00” and “£45∙85” substitute “£195∙00”, “£253∙00” and “£46∙20” respectively,

(iv)

in sub-paragraph (d) for “£246∙00”, “£328∙00” and “£75∙05” substitute “£253∙00”, “£338∙00”, and “£75∙60” respectively, and

(v)

in sub-paragraph (e) for “£328∙00”, “£408∙00” and “£85∙45” substitute “£338∙00”, “£420∙00” and “£86∙10” respectively.

6Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 53f1 (non-dependant deductions)—

(a)

in paragraph (1) for “£93∙80” and “£14∙55” substitute “£94∙50” and “£14∙65” respectively; and

(b)

in paragraph (2)—

(i)

in sub-paragraph (a) for “£129∙00” substitute “£133∙00”,

(ii)

in sub-paragraph (b) for “£129∙00”, “£189∙00” and “£33∙40” substitute “£133∙00”, “£195∙00” and “£33∙65” respectively,

(iii)

in sub-paragraph (c) for “£189∙00”, “£246∙00” and “£45∙85” substitute “£195∙00”, “£253∙00” and “£46∙20” respectively,

(iv)

in sub-paragraph (d) for “£246∙00”, “£328∙00” and “£75∙05” substitute “£253∙00”, “£338∙00” and “£75∙60” respectively, and

(v)

in sub-paragraph (e) for “£328∙00”, “£408∙00” and “£85∙45” substitute “£338∙00”, “£420∙00” and “£86∙10” respectively.

(3)

In paragraph (1) of Schedule 4f2 (applicable amounts: personal allowances) in column (2)—

(a)

for “£151∙20” and “£166∙05” in sub-paragraph (1) substitute “£155∙60” and “£168∙70” respectively;

(b)

for “£230∙85” and “£248∙30” in sub-paragraph (2) substitute “£237∙55” and “£252∙30” respectively;

(c)

for “£230∙85” and “£79∙65” in sub-paragraph (3) substitute “£237∙55” and “£81∙95” respectively; and

(d)

for “£248∙30” and “£82∙25” in sub-paragraph (4) substitute “£252∙30” and “£83∙60” respectively.

7Amendment of the Employment and Support Allowance Regulations

(1)

The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended in accordance with paragraphs (2) and (3).

(2)

In paragraph 11 of Schedule 4f1 (weekly amount of premiums specified in Part 2) in the column headed “Amount”—

(a)

for “£49∙05”, “£41∙90” and “£78∙10” in sub-paragraph (1)(a) substitute “£53∙45”, “£46∙30” and “£82∙50” respectively; and

(b)

for “£86∙95”, “£79∙80” and “£116∙00” in sub-paragraph (1)(b) substitute “£93∙65”, “£86∙50” and “£122∙70” respectively.

(3)

In paragraph 19 of Schedule 6f2 (housing costs: non-dependant deductions)—

(a)

in sub-paragraph (1) for “£93∙80” and “£14∙55” substitute “£94∙50” and “£14∙65” respectively; and

(b)

in sub-paragraph (2)—

(i)

in head (a) for “£129∙00” substitute “£133∙00”,

(ii)

in head (b) for “£129∙00”, “£189∙00” and “£33∙40” substitute “£133∙00”, “£195∙00” and “£33∙65” respectively,

(iii)

in head (c) for “£189∙00”, “£246∙00” and “£45∙85” substitute “£195∙00”, “£253∙00” and “£46∙20” respectively,

(iv)

in head (d) for “£246∙00”, “£328∙00” and “£75∙05” substitute “£253∙00”, “£338∙00” and “£75∙60” respectively, and

(v)

in head (e) for “£328∙00”, “£408∙00” and “£85∙45” substitute “£338∙00”, “£420∙00” and “£86∙10” respectively.

Signature

Sealed with the Official Seal of the Department for Social Development on 4th March 2016

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459), the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (S.R. 1996 No. 198), the State Pension Credit Regulations (Northern Ireland) 2003 (S.R. 2003 No. 28), the Housing Benefit Regulations (Northern Ireland) 2006 (S.R. 2006 No. 405), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 406) and the Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008 No. 280). They make changes to several social security benefits that would more usually be included in an up-rating order.

Regulations 2, 3, 6 and 7 amend the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 and the Employment and Support Allowance Regulations (Northern Ireland) 2008, so as to increase the pensioner premiums, change the income bands for non-dependant deductions and increase the amounts of the non-dependant deductions themselves.

Regulation 4 amends the State Pension Credit Regulations (Northern Ireland) 2003 so as to increase the amounts prescribed for the savings credit thresholds, including in the case of a polygamous marriage, and to increase the standard minimum guarantee in the case of a polygamous marriage. It also changes the income bands for non-dependant deductions and increases the amounts of the non-dependant deductions themselves.

Regulation 5 amends the Housing Benefit Regulations (Northern Ireland) 2006 to change the income bands for non-dependant deductions and to increase the amounts of the non-dependant deductions themselves.

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.