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The Social Security (Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2017

S.R. 2017/62 · Made 15 March 2017

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.

Housing; Rates; Social Security

Made 15th March 2017

Coming into operation 10th April 2017

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 132(4)(b) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, Article 14(4)(b) of the Jobseekers (Northern Ireland) Order 1995f2 and now vested in itf3, sections 15(1)(j) and (6)(b) and 19(1) and (3) of the State Pension Credit Act (Northern Ireland) 2002f4 and section 17(3)(b) of the Welfare Reform Act (Northern Ireland) 2007f5.

Regulations 5 and 6 are made with the consent of the Department of Finance f6.

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

S.I. 1995/2705 (N.I. 15)

f3

See Article 8(b) of S.R. 1999 No. 481and section 1(7) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.))

f4

2002 c. 14 (N.I.)

f5

2007 c. 2 (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

Contents

  1. 1Citation, commencement and interpretation
  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, commencement and interpretation

(1)

These Regulations may be cited as the Social Security (Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2017 and come into operation on 10th April 2017.

(2)

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

2Amendment of the Income Support Regulations

For paragraph 16(f) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) to the Income Support (General) Regulations (Northern Ireland) 1987f1 substitute—

“(f)

a pension paid by a government to victims of National Socialist persecution;”.

3Amendment of the Jobseeker’s Allowance Regulations

For paragraph 17(g) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 substitute—

“(g)

a pension paid by a government to victims of National Socialist persecution;”.

4Amendment of the State Pension Credit Regulations

(1)

The State Pension Credit Regulations (Northern Ireland) 2003f1 are amended in accordance with paragraphs (2) and (3).

(2)

For regulation 15(5)(b) (income for the purposes of the Act) substitute—

“(b)

a pension paid by a government to victims of National Socialist persecution;”.

(3)

For paragraph 1(f) of Schedule 4 (amounts to be disregarded in the calculation of income other than earnings) substitute—

“(f)

a pension paid by a government to victims of National Socialist persecution.”.

5Amendment of the Housing Benefit Regulations

For paragraph 16 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) to the Housing Benefit Regulations (Northern Ireland) 2006f1 substitute—

“16.

subject to paragraph 35, £10 of a pension paid by a government to victims of National Socialist persecution.”.

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) 2006f1 are amended in accordance with paragraphs (2) and (3).

(2)

For regulation 27(1)(k) (meaning of “income”) substitute—

“(k)

a pension paid by a government to victims of National Socialist persecution;”.

(3)

For paragraph 2 of Schedule 6 (amounts to be disregarded in the calculation of income other than earnings) substitute—

“2.

£10 of a pension paid by a government to victims of National Socialist persecution.”.

7Amendment of the Employment and Support Allowance Regulations

For paragraph 16(g) of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) to the Employment and Support Allowance Regulations (Northern Ireland) 2008f1 substitute—

“(g)

a pension paid by a government to victims of National Socialist persecution;”.

Signature

Sealed with the Official Seal of the Department for Communities on 15th March 2017

(L.S.)

Tommy O’Reilly

A senior officer of the Department for Communities

The Department of Finance hereby consents to the foregoing regulations.

Sealed with the Official Seal of the Department of Finance on 15th March 2017

(L.S.)

Emer Morelli

A senior officer of the Department of Finance

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987, the State Pension Credit Regulations (Northern Ireland) 2003, the Housing Benefit Regulations (Northern Ireland) 2006 , 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. They amend the disregard of income other than earnings in those Regulations where that income is a payment made by a government to victims of National Socialist persecution so that the same disregard is applied in all cases.

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.