# The Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020

S.R. 2020/63 · revised to 12 May 2021

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.

PDFs: Printed copy https://openlegislation.uk/social-security-coronavirus-prisoners-regulations-northern-ireland-2020/pdf/nisr_20200063_en.pdf; NI Explanatory Memorandum https://openlegislation.uk/social-security-coronavirus-prisoners-regulations-northern-ireland-2020/pdf/nisrem_20200063_en.pdf

## Introductory text

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 , 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 , 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 , 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 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 .
Those powers are exercisable by the Secretary of State by virtue of Article 4(1) of the Welfare Reform (Northern Ireland) Order 2015 .

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020 and come into operation on 8th April 2020.
(1A) 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)).
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.

## 2 Income Support, Jobseekers Allowance, State Pension Credit, Employment and Support Allowance and Universal Credit – definition of prisoner

(1) Where 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 .
(2) The regulations are—
(a) the Income Support (General) Regulations (Northern Ireland) 1987 ;
(b) the Jobseeker's Allowance Regulations (Northern Ireland) 1996 ;
(c) the State Pension Credit Regulations (Northern Ireland) 2003 ;
(d) the Employment and Support Allowance Regulations (Northern Ireland) 2008 ; and
(e) the Universal Credit Regulations (Northern Ireland) 2016 .

## 3 Income Support, Jobseekers Allowance, State Pension Credit and Employment and Support Allowance - persons treated as being or not being members of the same household

Where 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—
(a) regulation 16(3)(b) of the Income Support (General) Regulations (Northern Ireland) 1987 ;
(b) regulation 78(3)(b) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996;
(c) regulation 5(1)(c) of the State Pension Credit Regulations (Northern Ireland) 2003; and
(d) regulation 156(4)(b) of the Employment and Support Allowance Regulations (Northern Ireland) 2008.

## 4 Jobseekers Allowance – availability for employment

Where 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.

## 5 Housing 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, where 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—
(a) regulation 7(14) of the Housing Benefit Regulations (Northern Ireland) 2006 ; and
(b) regulation 7(14) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 .

## 6 Expiry

(1) The Department must keep the operation of these Regulations under review.
(2) These Regulations cease to have effect on 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.

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Source: https://www.legislation.gov.uk/nisr/2020/63 (the official version)
Page: https://openlegislation.uk/social-security-coronavirus-prisoners-regulations-northern-ireland-2020
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.