The Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020
S.R. 2020/63 · Extends to Northern Ireland
Social Security
Made at 10.23 a.m. on 7th April 2020
Laid before Parliament at 3.00 p.m. on 7th April 2020
Coming into operation 8th April 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 123, 129, 131(1), 133(1) and (2)(h) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M1, Articles 2(2), 6(5) and (12), 8(4), 9(4) and 36(2) of, and paragraph 12 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995 M2, sections 2(3), (4), (6) and (9), 3(8), 17(1) and (2)(a) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002 M3, sections 4(2) and (3), 24(1) and 25(2) of, and paragraph 6(8) of Schedule 1 to, the Welfare Reform Act (Northern Ireland) 2007 M4 and Articles 5, 7(2), 11(1), 13(1) and 48(2) of, and paragraph 5(1) of Schedule 1 to, the Welfare Reform (Northern Ireland) Order 2015 M5.
Those powers are exercisable by the Secretary of State by virtue of Article 4(1) of the Welfare Reform (Northern Ireland) Order 2015 M6.
Annotations to the whole text
Marginal citations
- M1
1992 c.7. Section 133(1) is cited for the meaning of “prescribed”.
- M2
S.I.1995/2705 (N.I. 15); Article 2(2) is cited for the meaning of the word “regulations”. Article 8 and 9 are maintained in operation in certain circumstances by Article 9 of S.R. 2017 No. 190.
- M3
2002 c.14 (N.I.). Section 17(1) is cited for the meaning of “prescribed” and “regulations”.
- M4
2007 c. 2 (N.I.). Sections 2 and 4 were repealed for certain purposes by the Welfare Reform (Northern Ireland) Order 2015. Section 24(1) is cited for the meaning of “prescribed” and “regulations”.
- M5
2015 No. 2006 (N.I. 1). Article 5 is cited for the meaning of “prescribed”.
- M6
Article 4 was amended by Article 4 of the Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999 (N.I. 1). Functions under or for the purposes of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Jobseekers (Northern Ireland) Order 1995 are vested in the Department for Communities by virtue of Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.)).
Contents
- 1Citation, commencement and interpretation
- 2Income Support, Jobseekers Allowance, State Pension Credit, Employment and Support Allowance and Universal Credit – definition of prisoner
- 3Income Support, Jobseekers Allowance, State Pension Credit and Employment and Support Allowance - persons treated as being or not being members of the same household
- 4Jobseekers Allowance – availability for employment
- 5Housing Benefit – modification of the rule on whether a person is or is not to be treated as occupying a dwelling as their home
- 6Expiry
- Signature
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020 and come into operation on 8th April 2020.
In these regulations “coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)).
The Interpretation Act (Northern Ireland) 1954 M1 shall apply to these Regulations as it applies to an Act of the Assembly.
2Income Support, Jobseekers Allowance, State Pension Credit, Employment and Support Allowance and Universal Credit – definition of prisoner
F1Where the Department is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Department determines the Regulations in paragraph (2) are to be read as if the definition of “prisoner” did not include a person on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953 M1.
The regulations are—
the Income Support (General) Regulations (Northern Ireland) 1987 M2;
the Jobseeker's Allowance Regulations (Northern Ireland) 1996 M3;
the State Pension Credit Regulations (Northern Ireland) 2003 M4;
the Employment and Support Allowance Regulations (Northern Ireland) 2008 M5; and
the Universal Credit Regulations (Northern Ireland) 2016 M6.
3Income Support, Jobseekers Allowance, State Pension Credit and Employment and Support Allowance - persons treated as being or not being members of the same household
F1Where the Department is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Department determines the following provisions are to be read as if the words “on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953” were omitted—
regulation 16(3)(b) of the Income Support (General) Regulations (Northern Ireland) 1987 M1;
regulation 78(3)(b) M2 of the Jobseeker's Allowance Regulations (Northern Ireland) 1996;
regulation 5(1)(c) of the State Pension Credit Regulations (Northern Ireland) 2003; and
regulation 156(4)(b) of the Employment and Support Allowance Regulations (Northern Ireland) 2008.
4Jobseekers Allowance – availability for employment
F1Where the Department is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Department determines regulation 15(1) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996 is to be read as if the words in sub-paragraph (b) were omitted.
5Housing Benefit – modification of the rule on whether a person is or is not to be treated as occupying a dwelling as their home
For the purposes of entitlement to housing benefit, F1where the Department is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Department determines, the following provisions are to be read as if the words in sub-paragraph (b) were omitted—
regulation 7(14) of the Housing Benefit Regulations (Northern Ireland) 2006 M1; and
regulation 7(14) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 M2.
6Expiry
The Department must keep the operation of these Regulations under review.
These Regulations cease to have effect F1on 31st August 2021.
Signature
Signed by the authority of the Secretary of State for Work and Pensions
Will Quince
Minister for Welfare Delivery
Department for Work and Pensions
Explanatory note
(This note is not part of the Regulations)
These Regulations make provision for individuals on temporary release from prison due to the outbreak COVID-19 in Northern Ireland to access means tested benefits during the period of that release.
Regulation 2 requires the definition of prisoner in various means tested benefits to be read so that individuals temporarily released from a prison in Northern Ireland are no longer included within that definition. This means those individuals will be entitled to make a claim, or their presence in a household claiming means tested benefits will be taken into account in calculating entitlement.
Regulation 3 enables a person temporarily released from a prison in Northern Ireland to be included as a member of a claimant's household in a number of means tested benefits.
Regulation 4 enables a person temporarily released from a prison in Northern Ireland to be treated as available for employment in a claim for jobseekers allowance.
Regulation 5 provides entitlement to housing benefit for individuals temporarily released from a prison in Northern Ireland.
Under regulation 6 the Department must keep the operation of the Regulations under review. Regulations 2 to 5 expire on the same day as the Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations (Northern Ireland) 2020 (S.R.. 2020 No. 33) and the Social Security (Coronavirus) (Further Measures) Regulations (Northern Ireland) 2020 (S.R. 2020 No. 53).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.