OpenLegislation

The Social Fund and Income-Related Benefits (Miscellaneous Amendments and Savings) Regulations (Northern Ireland) 2018

S.R. 2018/192 · Made 19 November 2018

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 19th November 2018

Coming into operation in accordance with regulation 1

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 132(3) and (4)(b), 134(1)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, Articles 14(1) and (4)(b) and 36(1) and (3) of the Jobseekers (Northern Ireland) Order 1995f2, sections 15(3) and (6)(b) and 19(1) and (3) of the State Pension Credit Act (Northern Ireland) 2002f3, and now vested in itf4 and section 17(1) and (3)(b) of the Welfare Reform Act (Northern Ireland) 2007f5.

Regulations 7 and 8 are made with the consent of the Department of Financef6.

Proposals in respect of these Regulations were not referred to the Social Security Advisory Committee since it appeared to the Department for Communities that by reason of the urgency of the matter it was expedient not to do sof7.

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 134(1)(a) was amended by Part 7 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)) 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)

f3

2002 c. 14 (N.I.)

f4

See Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (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 and section 1(4) of the Departments Act (Northern Ireland) 2016

f7

See sections 149(2) and 150(1)(a) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Contents

  1. Part 1: General
  2. 1Citation, commencement and interpretation
  3. Part 2: Amendments and saving in relation to Maternity Expenses: Sure Start Maternity Grants
  4. 2Amendment of the 2005 Regulations
  5. 3Saving in relation to the amendment of 2005 Regulations
  6. Part 3: Amendments in relation to other benefits: disregards
  7. 4Amendment of the Income Support (General) Regulations
  8. 5Amendment of the Jobseeker’s Allowance Regulations
  9. 6Amendment of the State Pension Credit Regulations
  10. 7Amendment of the Housing Benefit Regulations
  11. 8Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
  12. 9Amendment of the Employment and Support Allowance Regulations
  13. Signature
  14. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Social Fund and Income-Related Benefits (Miscellaneous Amendments and Savings) Regulations (Northern Ireland) 2018 and shall come into operation immediately after the coming into force of the first Regulations made under section 32 of the Social Security (Scotland) Act 2018f1.

(2)

In these Regulations, the “2005 Regulations” means the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005f2.

(3)

The Interpretation Act (Northern Ireland) 1954f3 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of the 2005 Regulations

(1)

The 2005 Regulations are amended as follows.

(2)

In regulation 3Af1 (provision against double payment: Sure Start Maternity Grants)—

(a)

in paragraph (1)(b), after “Sure Start Maternity Grant”, insert “or a Best Start Grant”;

(b)

for paragraph (1)(c), substitute—

“(c)

“subsequent grant” is, in respect of C—

(i)

a second or subsequent Sure Start Maternity Grant; or

(ii)

if a Best Start Grant has been given, a first Sure Start Maternity Grant;

(d)

“Best Start Grant” is a grant given to a qualifying individual under Regulations made under section 32 of the Social Security (Scotland) Act 2018 in connection with having, or expecting to have, a new baby in the family.”;

(c)

in paragraph (2), for “second” substitute “subsequent”;

(d)

in paragraph (3), for “second” substitute “subsequent”.

(3)

In the heading of Part 2, after “expenses” insert “in Northern Ireland”.

(4)

In regulation 5f2 (entitlement), after paragraph (5), add—

“(6)

The fifth condition is that the claimant lives in Northern Ireland.”.

3Saving in relation to the amendment of 2005 Regulations

(1)

The amendments made to the 2005 Regulations in regulation 2 are of no effect in relation to a claim for Sure Start Maternity Grant made before the date on which the first Regulations made under section 32 of the Social Security (Scotland) Act 2018 come into force.

(2)

In paragraph (1), “Sure Start Maternity Grant” has the meaning given in the 2005 Regulations.

4Amendment of the Income Support (General) Regulations

(1)

The Income Support (General) Regulations (Northern Ireland) 1987f1 are amended as follows.

(2)

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) after paragraph 73f2 add—

“74.

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”.

(3)

In Schedule 10 (capital to be disregarded) after paragraph 66f3 add—

“67.

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”.

5Amendment of the Jobseeker’s Allowance Regulations

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 are amended as follows.

(2)

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 69f2 add—

“70.

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”.

(3)

In Schedule 7 (capital to be disregarded) after paragraph 59f3 add—

“60.

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”.

6Amendment of the State Pension Credit Regulations

(1)

The State Pension Credit Regulations (Northern Ireland) 2003f1 are amended as follows.

(2)

In regulation 15(1) (social security benefits which are not prescribed for the purposes of section 15(1)(e) of the State Pension Credit Act (Northern Ireland) 2002), after sub-paragraph (q) insert—

“(qa)

early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018;”.

(3)

In Schedule 5 (capital disregarded for the purpose of calculating income) after paragraph 20(2)(p)f2 add—

“(q)

early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”.

7Amendment of the Housing Benefit Regulations

(1)

The Housing Benefit Regulations (Northern Ireland) 2006f1 are amended as follows.

(2)

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 65f2 insert—

“66.

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”.

(3)

In Schedule 7 (capital to be disregarded) after paragraph 60f3 insert—

“61.

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”.

8Amendment 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 as follows.

(2)

In regulation 27(1)(h) (“meaning of income”) after head (xva)f2 insert—

“(xvb)

early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018;”.

(3)

In Part 1 of Schedule 7 (capital to be disregarded generally) after paragraph 21(2)(n)f3 insert—

“(o)

early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”.

9Amendment of the Employment and Support Allowance Regulations

(1)

The Employment and Support Regulations (Northern Ireland) 2008f1 are amended as follows.

(2)

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) after paragraph 63f2 insert—

“64.

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”.

(3)

In Schedule 9 (capital to be disregarded) after paragraph 57f3 insert—

“58.

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”.

Signature

Sealed with the Official Seal of the Department for Communities on 19th November 2018

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

The Department of Finance consents to the Regulations.

Sealed with the Official Seal of the Department of Finance on 19th November 2018

(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 social security legislation as a consequence of the Social Security (Scotland) Act 2018 (asp 9) and Regulations made under section 32 of that Act, which make provision for the payment by Scottish Ministers of early years assistance, including maternity and new-baby grants, to qualifying individuals.

Part 1 provides that these Regulations come into operation immediately after the coming into force of the first Regulations made under section 32 of the Social Security (Scotland) Act 2018.

Part 2 contains consequential amendments to the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 506) so that recipients of a maternity and new-baby grant are not also eligible to receive a Sure Start Maternity Grant. Part 2 also contains a saving provision in relation to claims for Sure Start Maternity Grant made before the date on which maternity and new-baby grants become available under the Social Security (Scotland) Act 2018.

Part 3 provides for early years assistance to be disregarded as income or capital when determining a claimant’s entitlement to benefits under 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).