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The Social Security (Emergency Funds) (Amendment) Regulations (Northern Ireland) 2017

S.R. 2017/205 · Made 27 September 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 27th September 2017

Coming into operation 27th September 2017

The Department for Communitiesf1 makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 129A(2), 132(3) and (4), 132A(3), 134(1)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f2, Articles 14(1) and (4) and 36(2) of the Jobseekers (Northern Ireland) Order 1995f3, and now vested in itf4, and sections 2(3)(b) and 15(6)(b) of the State Pension Credit Act (Northern Ireland) 2002f5, and sections 17(1) and (3) and 25(2) of the Welfare Reform Act (Northern Ireland) 2007f6.

Regulations 6 and 7 are made with the consent of the Department of Financef7.

Annotations to the whole text

Footnotes

f1

See section 1(7) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.))

f2

1992 c. 7; section 129A was inserted by section 30(2) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)), section 132A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N. I.)); section 134(1) was substituted by Article 66(1) of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and section 171(1) was amended by paragraph 5 of Schedule 4 to, the Tax Credits Act 2002 (c. 21)

f3

S.I. 1995/2705 (N.I. 15); Article 36(2)(a) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

f4

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

f5

2002 c. 14 (N.I.)

f6

2007 c. 2 (N.I.)

f7

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 Social Fund Maternity and Funeral Expenses (General) Regulations
  6. 6Amendment of the Housing Benefit Regulations
  7. 7Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
  8. 8Amendment of the Employment and Support Allowance Regulations
  9. Signature
  10. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Social Security (Emergency Funds) (Amendment) Regulations (Northern Ireland) 2017 and come into operation on 27th September 2017.

(2)

The Interpretation Act (Northern Ireland) 1954(g) 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) and (3).

(2)

In regulation 2(1) (interpretation)—

(a)

after the definition of “the London Bombings Relief Charitable Fund”f2 insert—

  • ““the London Emergencies Trust” means the company of that name (number 09928465) incorporated on 23rd December 2015 and the registered charity of that name (number 1172307) established on 28th March 2017;”;

(b)

in the definition of “qualifying person”f3 after “the Caxton Foundation” insert “, the London Emergencies Trust, the We Love Manchester Emergency Fund”; and

(c)

after the definition of “water charges”f4 insert—

  • ““the We Love Manchester Emergency Fund” means the registered charity of that name (number 1173260) established on 30th May 2017;”.

(3)

In each of the following provisions, after “the Caxton Foundation” insert “, the London Emergencies Trust, the We Love Manchester Emergency Fund”—

(a)

regulation 42(4ZA)(a)f5 (notional income);

(b)

regulation 48(10)(c)f6 (income treated as capital);

(c)

regulation 51(3A)(a)f7 (notional capital);

(d)

paragraph 18(8)(b)f8 of Schedule 3 (housing costs);

(e)

paragraphs 21(2)f9 and 39(1)f10 and (7)f11 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings); and

(f)

paragraph 22(1)f12 and (7)f13 of Schedule 10 (capital to be disregarded).

3Amendment of the Jobseeker’s Allowance Regulations

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 are amended in accordance with paragraphs (2) and (3).

(2)

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

(a)

after the definition of “the London Bombings Relief Charitable Fund”f2 insert—

  • ““the London Emergencies Trust” means the company of that name (number 09928465) incorporated on 23rd December 2015 and the registered charity of that name (number 1172307) established on 28th March 2017;”;

(b)

in the definition of “qualifying person”f3 after “the Caxton Foundation” insert “, the London Emergencies Trust, the We Love Manchester Emergency Fund”; and

(c)

after the definition of “water charges”f4 insert—

  • ““the We Love Manchester Emergency Fund” means the registered charity of that name (number 1173260) established on 30th May 2017;”.

(3)

In each of the following provisions, after “the Caxton Foundation” insert “, the London Emergencies Trust, the We Love Manchester Emergency Fund”—

(a)

regulation 105(10A)(a)f5 notional income);

(b)

regulation 110(10)(c)f6 (income treated as capital);

(c)

regulation 113(3A)(a)f7 (notional capital);

(d)

paragraph 17(8)(b)f8 of Schedule 2 (housing costs);

(e)

paragraphs 22(2)f9 and 41(1)f10 and (7)f11 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings); and

(f)

paragraph 27(1)f12 of Schedule 7 (capital to be disregarded).

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)

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

(a)

after the definition of “the London Bombings Relief Charitable Fund”f2 insert—

  • ““the London Emergencies Trust” means the company of that name (number 09928465) incorporated on 23rd December 2015 and the registered charity of that name (number 1172307) established on 28th March 2017;”;

(b)

in the definition of “qualifying person”f3 after “the Caxton Foundation” insert “, the London Emergencies Trust, the We Love Manchester Emergency Fund”; and

(c)

after the definition of “water charges”f4 add—

  • ““the We Love Manchester Emergency Fund” means the registered charity of that name (number 1173260) established on 30th May 2017;”.

(3)

In both of the following provisions, after “the Caxton Foundation” insert “, the London Emergencies Trust, the We Love Manchester Emergency Fund”—

(a)

paragraph 14(8)(b)f5 of Schedule 2 (housing costs); and

(b)

paragraph 15(1)f6 and (7)f7 of Schedule 5 (income from capital).

5Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations

In regulation 10 of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005f1 (deductions from an award of a funeral payment)—

(a)

in paragraph (2)f2—

(i)

at the end of sub-paragraph (i)f3 omit “or”, and

(ii)

after sub-paragraph (j)f4 add—

“(k)

the London Emergencies Trust, or

(l)

the We Love Manchester Emergency Fund;”; and

(b)

in paragraph (3)f5 after “the London Bombings Relief Charitable Fund” insert “, the London Emergencies Trust, the We Love Manchester Emergency Fund”.

6Amendment of the Housing Benefit Regulations

(1)

The Housing Benefit Regulations (Northern Ireland) 2006f1 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 2(1) (interpretation)—

(a)

after the definition of “the London Bombings Relief Charitable Fund” insert—

  • ““the London Emergencies Trust” means the company of that name (number 09928465) incorporated on 23rd December 2015 and the registered charity of that name (number 1172307) established on 28th March 2017;”;

(b)

in the definition of “qualifying person”f2 after “the Caxton Foundation” insert “, the London Emergencies Trust, the We Love Manchester Emergency Fund”; and

(c)

after the definition of “water charges”f3 insert—

  • ““the We Love Manchester Emergency Fund” means the registered charity of that name (number 1173260) established on 30th May 2017;”.

(3)

In each of the following provisions after “the Caxton Foundation” insert “, the London Emergencies Trust, the We Love Manchester Emergency Fund”—

(a)

regulation 39(7)(a) f4 (notional income);

(b)

regulation 43(6) f5 (income treated as capital);

(c)

regulation 46(4)(a) f6(notional capital);

(d)

regulation 72(9)(b) f7(non-dependant deductions);

(e)

regulation 82(4)(a)(ii) f8 (evidence and information);

(f)

paragraph 37(1)f9 and (7)f10 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings); and

(g)

paragraph 25(1)f11 and (7)f12 of Schedule 7 (capital to be disregarded).

7Amendment 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)

In regulation 2(1)(interpretation)—

(a)

after the definition of “the London Bombings Relief Charitable Fund” insert—

  • ““the London Emergencies Trust” means the company of that name (number 09928465) incorporated on 23rd December 2015 and the registered charity of that name (number 1172307) established on 28th March 2017;”;

(b)

in the definition of “qualifying person”f2 after “the Caxton Foundation” insert “, the London Emergencies Trust, the We Love Manchester Emergency Fund;”; and

(c)

after the definition of “water charges”f3 insert—

  • ““the We Love Manchester Emergency Fund” means the registered charity of that name (number 1173260) established on 30th May 2017;”.

(3)

In each of the following provisions after “the Caxton Foundation” insert “, the London Emergencies Trust, the We Love Manchester Emergency Fund”—

(a)

regulation 53(10)(b) f4 (non-dependant deductions);

(b)

regulation 63(4)(a)(ii)f5 (evidence and information); and

(c)

paragraph 16(1)(a)f6 of Schedule 7 (capital to be disregarded generally).

8Amendment of the Employment and Support Allowance Regulations

(1)

The Employment and Support Allowance Regulations (Northern Ireland) 2008f1 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 2(1) (interpretation)—

(a)

after the definition of “the London Bombings Relief Charitable Fund” insert—

  • ““the London Emergencies Trust” means the company of that name (number 09928465) incorporated on 23rd December 2015 and the registered charity of that name (number 1172307) established on 28th March 2017;”;

(b)

in the definition of “qualifying person”f2 after “the Caxton Foundation” insert “, the London Emergencies Trust, the We Love Manchester Emergency Fund;”; and

(c)

after the definition of “water charges” insert—

  • ““the We Love Manchester Emergency Fund” means the registered charity of that name (number 1173260) established on 30th May 2017;”.

(3)

In each of the following provisions after “the Caxton Foundation” insert “, the London Emergencies Trust, the We Love Manchester Emergency Fund”—

(a)

regulation 107(5)(a) (notional income – income due to be paid or income paid to or in respect of a third party)f3;

(b)

regulation 112(8) (income treated as capital)f4;

(c)

regulation 115(5)(a) (notional capital)f5;

(d)

paragraph 19(8)(b)f6 of Schedule 6 (housing costs);

(e)

paragraphs 21(2)f7 and 40(1)f8 and (7)f9 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings); and

(f)

paragraph 27(1)f10 and (7)f11 of Schedule 9 (capital to be disregarded).

Signature

Sealed with the Official Seal of the Department for Communities on 27th September 2017

(L.S.)

Anne McCleary

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 27th September 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 provide that payments from the London Emergencies Trust (registered charity number 1172307 and company number 09928465) and the We Love Manchester Emergency Fund (registered charity number 1173260) (“the Charities”) are to be disregarded for certain social security purposes. The Charities will make payments to victims of the terrorist attacks in London and Manchester in 2017, and their dependents.

Regulations 2 to 4 and 6 to 8 amend the following sets of regulations to provide that payments from the Charities shall not be taken into account in the calculation of income or capital.

—the Income Support (General) Regulations (Northern Ireland) 1987;

—the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;

—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.

Regulation 5 amends the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 to provide that payments made by the Charities are not deducted in calculating the amount of a funeral payment.

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.