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The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2021

S.R. 2021/345 · Made 16 December 2021

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 16th December 2021

Coming into operation 5th January 2022

The Department for Communitiesf1 makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 129A(1), 131(1), 132(3) and (5), 132A(3) and 171(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f2, Articles 6(5) and 14(1) and (4) of the Jobseekers (Northern Ireland) Order 1995f3, paragraph 8 of schedule 1 to the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997f4, and now vested in itf5, sections 15(3) and (6) and 19(1) and (3) of the State Pension Credit Act (Northern Ireland) 2002f6, sections 4(2), 17(1) and (3) of the Welfare Reform Act (Northern Ireland) 2007f7 and Article 48(1) of, and paragraph 4(1) and (3) of Schedule 1 to, the Welfare Reform (Northern Ireland) Order 2015f8.

These powers are exercisable by the Department for Communities by virtue of Article 2 of the Welfare Reform (Northern Ireland) Order 2015 (Cessation of Transitory Provision) Order 2020 (S.I. 2020/927)

Regulations 5 and 6 are made with the consent of the Department of Financef9

Annotations to the whole text

Footnotes

f1

The Department for Social Development was renamed the Department for Communities in accordance with section1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))

f2

1992 c. 7

f3

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

f4

1997 No. 1183 (N.I. 12)

f5

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

f6

2002 c. 14 (N.I.)

f7

2007 c.2

f8

S.I. 2015/2006 (N.I. 1)

f9

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 (c.5 (N.I.))

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Income Support (General) 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. 8Amendment of the Universal Credit Regulations
  9. 9Amendment of the Social Security (Recovery of Benefits) Regulations
  10. 10Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations
  11. Signature
  12. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2021 and come into operation on 5th January 2022.

(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 (General) Regulations

(1)

The Income Support (General) Regulations (Northern Ireland) 1987f1 are amended in accordance with paragraphs (2) to (8).

(2)

In regulation 2(1) (interpretation)—

(a)

in the appropriate places insert—

  • ““child abuse payment” means a payment from a scheme established or approved by the Secretary of State, for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;”;

  • ““Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020f2;”;

(b)

in the definition of “qualifying person”f3, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(3)

In regulation 42(4ZB)f4 (notional income), for “a payment of income which is a Grenfell Tower payment” substitute—

“any of the following payments of income—

(a)

a Grenfell Tower payment;

(b)

a child abuse payment;

(c)

a Windrush payment”.

(4)

In regulation 48(10) (income treated as capital) after sub-paragraph (ab)f5 insert—

“(ac)

which is a child abuse payment;

(ad)

which is a Windrush payment; or”.

(5)

In regulation 51(3B)f6 (notional capital), for “a payment of capital which is a Grenfell Tower payment” substitute—

““any of the following payments of capital—

(a)

a Grenfell Tower payment;

(b)

a child abuse payment;

(c)

a Windrush payment”.”

(6)

In paragraph 18(8)(b) (non-dependant deductions)f7 of Schedule 3 (housing costs), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(7)

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 21(2)f8, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b)

in paragraph 39—

(i)

for sub-paragraph (1A)f9 substitute—

“(1A)

Any—

(a)

Grenfell Tower payment;

(b)

child abuse payment;

(c)

Windrush payment.”;

(c)

in each of the sub-paragraphs (2) to (6)f10, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(8)

In Schedule 10 (capital to be disregarded)—

(a)

in paragraph 22—

(i)

in sub-paragraph (1A)f11 after “Grenfell Tower payment” insert “, child abuse payment, Windrush payment”;

(ii)

in each of sub-paragraphs (2) to (6)f12, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b)

in paragraph 29f13, after “Grenfell Tower payment” insert “, child abuse payment or Windrush payment”.

3Amendment of the Jobseeker’s Allowance Regulations

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 are amended in accordance with paragraphs (2) to (8).

(2)

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

(a)

in the appropriate places insert—

  • ““child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;”;

  • ““Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;”;

(b)

in the definition of “qualifying person”f2, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(3)

In regulation 105(10A) (notional income), after sub-paragraph (ab)f3 insert—

“(ac)

a child abuse payment;

(ad)

a Windrush payment;”.

(4)

In regulation 110(10) (income treated as capital), after sub-paragraph (ab)f4 insert—

“(ac)

which is a child abuse payment;

(ad)

which is a Windrush payment; or”.

(5)

In regulation 113(3B)f5 (notional capital), for “a payment of capital which is a Grenfell Tower payment” substitute—

““any of the following payments of capital—

(a)

a Grenfell Tower payment;

(b)

a child abuse payment;

(c)

a Windrush payment”.”

(6)

In paragraph 17(8)(b) (non-dependant deductions)f6 of Schedule 2 (housing costs), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(7)

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 22(2)f7, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b)

in paragraph 41—

(i)

for sub-paragraph (1A)f8 substitute—

“(1A)

Any—

(a)

Grenfell Tower payment;

(b)

child abuse payment;

(c)

Windrush payment.”;

(c)

in sub-paragraphs (2) to (6)f9, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(8)

In Schedule 7 (capital to be disregarded)—

(a)

in paragraph 27—

(i)

in sub-paragraph (1A)f10 after “Grenfell Tower payment” insert “, child abuse payment, Windrush payment”;

(ii)

in sub-paragraphs (2) to (6)f11, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b)

in paragraph 31f12, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

4Amendment of the State Pension Credit Regulations

(1)

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

(2)

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

(a)

in the appropriate place insert—

  • ““child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;”;

(b)

in the definition of “qualifying person”f2, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(c)

after the definition of “the We Love Manchester Emergency Fund”f3 add—

  • ““Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020f4.”.

(3)

In paragraph 14(8) (persons residing with the claimant) of Schedule 2 (housing costs), after sub-paragraph (ba)f5 insert—

“(bb)

any child abuse payment;

(bc)

any Windrush payment;”.

(4)

In paragraph 15 of Schedule 5 (income from capital)—

(a)

in sub-paragraph (1A)f6 after “Grenfell Tower payment” insert “, child abuse payment, Windrush payment”;

(b)

in each of the sub-paragraphs (2) to (6)f7, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

5Amendment of the Housing Benefit Regulations

(1)

The Housing Benefit Regulations (Northern Ireland) 2006f1 are amended in accordance with paragraphs (2) to (8).

(2)

In regulation 2(1) (interpretation)—

(a)

in the appropriate places insert—

  • ““child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;”;

  • ““Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;”;

(b)

in the definition of “qualifying person”f2, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(3)

In regulation 39(7A) (notional income)f3 for “a payment of income which is a Grenfell Tower payment” substitute—

“any of the following payments of income—

(a)

a Grenfell Tower payment;

(b)

a child abuse payment;

(c)

a Windrush payment”.

(4)

In regulation 43(6) (income treated as capital)f4, after “Grenfell Tower payment” insert “, a child abuse payment, a Windrush payment”.

(5)

In regulation 46(4A) (notional capital)f5, for “a payment of capital which is a Grenfell Tower payment” substitute—

““any of the following payments of capital—

(a)

a Grenfell Tower payment;

(b)

a child abuse payment;

(c)

a Windrush payment”.”

(6)

In regulation 72(9) (non-dependant deductions), after sub-paragraph (ba)f6 insert—

“(bb)

any child abuse payment;

(bc)

any Windrush payment;”.

(7)

In paragraph 37 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a)

for sub-paragraph (1A)f7 substitute—

“(1A)

Any—

(a)

Grenfell Tower payment;

(b)

child abuse payment;

(c)

Windrush payment.”.

(b)

in sub-paragraphs (2) to (6)f8, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(8)

In Schedule 7 (capital to be disregarded)—

(a)

in paragraph 25—

(i)

in sub-paragraph (1A)f9 after “Grenfell Tower payment” insert “, child abuse payment, Windrush payment”;

(ii)

in sub-paragraphs (2) to (6)f10, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b)

in paragraph 35f11,after “Grenfell Tower payment” insert “, child abuse payment or Windrush payment”.

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) 2006f1are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 2(1) (interpretation)—

(a)

in the appropriate places insert—

  • ““child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;”;

  • ““Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;”;

(b)

in the definition of “qualifying person”f2, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(3)

In regulation 53(10) (non-dependant deductions), after sub-paragraph (ba)f3 insert—

“(bb)

any child abuse payment;

(bc)

any Windrush payment;”.

(4)

In paragraph 16 of Schedule 7 (capital to be disregarded)—

(a)

in sub-paragraph (1A)f4 after “Grenfell Tower payment” insert “, child abuse payment, Windrush payment”;

(b)

in sub-paragraphs (2) to (6)f5, after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

7Amendment of the Employment and Support Allowance regulations

(1)

The Employment and Support Allowance Regulations (Northern Ireland) 2008f1 are amended in accordance with paragraphs (2) to (8).

(2)

In regulation 2(1) (interpretation)—

(a)

in the appropriate places insert—

  • ““child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;”;

  • ““Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;”;

(b)

in the definition of “qualifying person”f2 after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(3)

In regulation 107(5A)f3 (notional income - income due to be paid or income paid to or in respect of a third party) for “a payment of income which is a Grenfell Tower payment” substitute—

“any of the following payments of income—

(a)

a Grenfell Tower payment;

(b)

child abuse payment;

(c)

a Windrush payment.”.

(4)

For regulation 112(8)(b)f4 (income treated as capital) substitute—

“(b)

any —

(i)

Grenfell Tower payment;

(ii)

child abuse payment;

(iii)

Windrush payment.”.

(5)

In regulation 115(5A)f5 (notional capital) for “a payment of capital which is a Grenfell Tower payment” substitute—

“any of the following payments of capital—

(a)

a Grenfell Tower payment;

(b)

child abuse payment;

(c)

a Windrush payment.”.

(6)

In paragraph 19(8)(b)f6 (non-dependant deductions) of Schedule 6 (housing costs) after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(7)

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 21(2)f7 after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b)

in paragraph 40—

(i)

for sub-paragraph (1A)f8 substitute—

“(1A)

any—

(a)

Grenfell Tower payment;

(b)

child abuse payment;

(c)

Windrush payment.”;

(ii)

in sub-paragraphs (2) to (5) after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(8)

In Schedule 9 (capital to be disregarded)—

(a)

in paragraph 27f9

(i)

in sub-paragraph (1A) after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(ii)

in sub-paragraphs (2) to (5) after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(b)

in paragraph 31f10after Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

8Amendment of the Universal Credit Regulations

(1)

Regulation 76 of the Universal Credit Regulations (Northern Ireland) 2016f1 (special schemes for compensation etc.) is amended as follows.

(2)

In paragraph (1)(a)—

(i)

after “in respect of” insert “any of the following”;

(ii)

omit “or” at the end of paragraph (vi);

(iii)

after paragraph (vi) insert—

“(vii)

historic institutional child abuse in the United Kingdom;”.

(3)

At the end of paragraph (1A) insert—

“(d)

the scheme established by the Windrush Compensation Scheme (Expenditure) Act 2020”.

9Amendment of the Social Security (Recovery of Benefits) Regulations

In regulation 2(2) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997f1 (exempted trusts and payments) after sub-paragraph (r) insert—

“(s)

any payment made under the Windrush Compensation Scheme (Expenditure) Act 2020.”.”

10Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations

In regulation 7(2) of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008f1 (exempted trusts and payments) after subparagraph (o) insert—

“(p)

any payment made under the Windrush Compensation Scheme (Expenditure) Act 2020.”.

Signature

Sealed with the Official Seal of the Department for Communities on 16th December 2021

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

The Department of Finance hereby consents to regulations 5 and 6 the foregoing regulations.

Sealed with the Official Seal of the Department of Finance on 16th December 2021

(L.S.)

Patrick Neeson

A senior officer of the Department of Finance

Explanatory note

(This note is not part of the Regulations)

Regulations 2 to 8 of these Regulations amend respectively 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), the Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008 No. 280) and the Universal Credit Regulations (Northern Ireland) 2016 (S.R. 2016 No. 216).

In particular, those amendments provide that payments made to a benefit recipient from a scheme established or approved by the Secretary of State to provide compensation in respect of historical child abuse in the United Kingdom; or under the Windrush Compensation (Expenditure) Act 2020 (c. 8) (“the Windrush Act”),are to be disregarded as income and capital and therefore, not taken into account for the purposes of calculating entitlement to the benefits referred to above.

Regulations 9 and 10 amend respectively the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997 (S.R. 1997 No. 429) and the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008 (S.R. 2008 No.355) to ensure that the payments made under the Windrush Act referred to above are not to be regarded as compensation payments for the purposes of those regulations.

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 requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, public or voluntary sectors is foreseen.