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The Social Security (Loss of Benefit) (Consequential Amendments) Regulations (Northern Ireland) 2002

S.R. 2002/80 · Made 6 March 2002 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 September 2011.

HOUSING; RATES; SOCIAL SECURITY

Made 6th March 2002

Coming into operation 1st April 2002

The Department for Social Development, in exercise of the powers conferred by sections 22(5), 122(1)(a) and (d), 123(1)(e), 131(1) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, Articles 7(3), 28(1) and (4)(d) and 36(2) of the Jobseekers (Northern Ireland) Order 1995f2, Articles 10(1), 11(3) and (6) and 74(1) of the Social Security (Northern Ireland) Order 1998f3 and now vested in itf4, and section 60(1) and (2)(a) of, and paragraphs 3(1) and 4(3) and (5) of Schedule 7 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000f5 and all other powers enabling it in that behalf, by this statutory rule which contains only regulations made consequential upon sections 6 to 12 of the Social Security Fraud Act (Northern Ireland) 2001f6, with the consent of the Department of Finance and Personnelf7 in so far as regulation 4 is concerned, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 22(5) was amended by paragraph 5 of, and section 123(1)(e) was inserted by paragraph 13(5) of, Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

f2

S.I. 1995/2705 (N.I. 15); Article 36(2) 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)

f3

S.I. 1998/1506 (N.I. 10)

f4

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

f5

2000 c. 4 (N.I.)

f6

2001 c. 17 (N.I.)

f7

See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; subsection (6A) was 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 which transferred the consent function under section 171(6A) from the Department of the Environment to the Department of Finance and Personnel

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Social Security (Credits) Regulations
  3. 3Amendment of the Income Support (General) Regulations
  4. 4Amendment of the Housing Benefit (General) Regulations Repealed
  5. 5Amendment of the Jobseeker’s Allowance Regulations
  6. 6Amendment of the Social Security (Back to Work Bonus) (No. 2) Regulations
  7. 7Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
  8. 8Amendment of the Housing Benefit (Decisions and Appeals) Regulations
  9. 9Amendment of the Discretionary Financial Assistance Regulations
  10. Signature
  11. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security (Loss of Benefit) (Consequential Amendments) Regulations (Northern Ireland) 2002 and shall come into operation on 1st April 2002.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of the Social Security (Credits) RegulationsI1

(1)

The Social Security (Credits) Regulations (Northern Ireland) 1975f1 shall be amended in accordance with paragraphs (2) to (4).

(2)

In regulation 2(1) (interpretation) after the definition of “the Contributions and Benefits Act”f2 there shall be inserted the following definition—

  • ““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.

(3)

In regulation 7A(1)f3 (credits for invalid care allowance) after “paid to him” there shall be inserted “or would be paid to him but for a restriction under section 6 of the Fraud Act (loss of benefit provisions)”.

(4)

In regulation 8A(2)f4 (credits for unemployment) after sub-paragraph (c) there shall be added—

“or

(d)

a week in respect of which he would have been paid a jobseeker’s allowance but for a restriction imposed pursuant to section 6, 7 or 8 of the Fraud Act (loss of benefit provisions).”.

3Amendment of the Income Support (General) RegulationsI1

(1)

The Income Support (General) Regulations (Northern Ireland) 1987f1 shall be amended in accordance with paragraphs (2) to (4).

(2)

In regulation 2(1) (interpretation) after the definition of “the Contributions and Benefits Act”f2 there shall be inserted the following definition—

  • ““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.

(3)

In Schedule 1Bf3 (prescribed categories of person) in paragraph 4(b) (persons caring for another person) at the end there shall be added “or would be in receipt of that allowance but for the application of a restriction under section 6 of the Fraud Act (loss of benefit provisions)”.

(4)

In Schedule 2 (applicable amounts) in paragraph 13 (severe disability premium) after sub-paragraph (4) there shall be added the following sub-paragraph—

“(5)

In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of an invalid care allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 6 of the Fraud Act (loss of benefit provisions).”.

4Amendment of the Housing Benefit (General) RegulationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Amendment of the Jobseeker’s Allowance RegulationsI1

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 shall be amended in accordance with paragraphs (2) to (4).

(2)

In regulation 1(2) (citation, commencement and interpretation) after the definition of “the Child Support Order” there shall be inserted the following definition—

  • ““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.

(3)

In regulation 47(4)(b)(ii)f2 (jobseeking period) after “Article 22A of the Order” there shall be added “or by virtue of a restriction imposed pursuant to section 6, 7 or 8 of the Fraud Act (loss of benefit provisions);”.

(4)

In Schedule 1 (applicable amounts)—

(a)

in paragraph 15 (severe disability premium) after sub-paragraph (8) there shall be added the following sub-paragraph—

“(9)

In sub-paragraphs (1)(c) and (2)(d), references to a person being in receipt of an invalid care allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 6 of the Fraud Act (loss of benefit provisions).”;

(b)

in paragraph 20If3 (severe disability premium) after sub-paragraph (6) there shall be added the following sub-paragraph—

“(7)

In sub-paragraph (1)(d), the reference to a person being in receipt of an invalid care allowance shall include a reference to a person who would have been in receipt of that allowance but for the application of a restriction under section 6 of the Fraud Act (loss of benefit provisions).”.

6Amendment of the Social Security (Back to Work Bonus) (No. 2) RegulationsI1

In regulation 3(1) of the Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 1996f1 (period of entitlement to a qualifying benefit: further provisions) after “Article 21 of the Order” there shall be inserted “or in accordance with section 6, 7 or 8 of the Social Security Fraud Act (Northern Ireland) 2001 (loss of benefit provisions)”.

7Amendment of the Social Security and Child Support (Decisions and Appeals) RegulationsI1

(1)

The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999f1 shall be amended in accordance with paragraphs (2) to (5).

(2)

In regulation 1(2) (citation, commencement and interpretation) after the definition of “the Order” there shall be inserted the following definition—

  • ““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In regulation 6(2) (supersession of decisions) after sub-paragraph (h)f2 there shall be added the following sub-paragraphs—

“(i)

is a decision of the Department that a sanctionable benefit is payable to a claimant where that benefit ceases to be payable or falls to be reduced under section 6 or 8 of the Fraud Act and for this purpose “sanctionable benefit” has the same meaning as in section 6 of that Act;

(j)

is a decision of the Department that a joint-claim jobseeker’s allowance is payable where that allowance ceases to be payable or falls to be reduced under section 7 of the Fraud Act.”.

(5)

In regulation 7 (date from which a decision superseded under Article 11 takes effect) after paragraph (26)f3 there shall be added the following paragraph—

“(27)

A decision to which regulation 6(2)(i) or (j) applies shall take effect from the first day of the disqualification period prescribed for the purposes of section 6 of the Fraud Actf4.”.

8Amendment of the Housing Benefit (Decisions and Appeals) RegulationsI1

(1)

The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001f1 shall be amended in accordance with paragraphs (2) to (5).

(2)

In regulation 1(2) (citation, commencement and interpretation) after the definition of “the Administration Act” there shall be inserted the following definition—

  • ““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In regulation 7(2) (decisions superseding earlier decisions) after sub-paragraph (e) there shall be added the following sub-paragraphs—

“(f)

which is affected by a decision of the Department that a sanctionable benefit payable to a claimant ceases to be payable or falls to be reduced under section 6 or 8 of the Fraud Act and for this purpose “sanctionable benefit” has the same meaning as in section 6 of that Act, or

(g)

which is affected by a decision of the Department that a joint-claim jobseeker’s allowance ceases to be payable or falls to be reduced under section 7 of the Fraud Act.”.

(5)

In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (7) there shall be added the following paragraph—

“(8)

A decision to which regulation 7(2)(f) or (g) applies shall take effect from the first day of the disqualification period prescribed for the purposes of section 6 of the Fraud Act.”.

9Amendment of the Discretionary Financial Assistance RegulationsI1

In regulation 3 of the Discretionary Financial Assistance Regulations (Northern Ireland) 2001f1 (circumstances in which discretionary housing payments may be made) after paragraph (h) there shall be added the following paragraph—

“(i)

a restriction in relation to the payment of benefit imposed pursuant to section 6, 7 or 8 of the Social Security Fraud Act (Northern Ireland) 2001 (loss of benefit provisions).”.

Signature

Sealed with the Official Seal of the Department for Social Development on 6th March 2002.

L.S.

D. A. Baker

Senior Officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulation 4 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 6th March 2002.

L.S.

N. Taylor

Senior Officer of the

Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations.)

These Regulations are made in consequence of sections 6 to 12 of the Social Security Fraud Act (Northern Ireland) 2001 (“the Act”) which relate to restrictions in payment of certain benefits where a person has been convicted of one or more benefit offences in each of two separate proceedings and one offence is committed within three years of the conviction for another such offence (“the loss of benefit provisions”).

Regulation 2 amends the Social Security (Credits) Regulations (Northern Ireland) 1975 to ensure that those whose invalid care allowance or jobseeker’s allowance is restricted through the application of the loss of benefit provisions do not lose credits.

Regulation 3 amends the Income Support (General) Regulations (Northern Ireland) 1987 to ensure that those whose invalid care allowance is restricted through the application of the loss of benefit provisions are still treated as carers for the purposes of those Regulations and to ensure that entitlement to the severe disability premium is not affected.

Regulation 4 amends the Housing Benefit (General) Regulations (Northern Ireland) 1987 to ensure that those whose jobseeker’s allowance is restricted through the application of the loss of benefit provisions do not lose their housing benefit as a result and to ensure that entitlement to the severe disability premium is not affected.

Regulation 5 amends the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 to ensure that days where contribution-based jobseeker’s allowance is not payable because of the loss of benefit provisions are treated as days of entitlement to that allowance and to ensure that entitlement to the severe disability premium is not affected.

Regulation 6 makes a consequential amendment to the Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 1996.

Regulations 7 and 8 amend the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 and the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 respectively to ensure that the decision-making and appeals mechanisms apply to decisions to restrict payment of benefit as a result of the loss of benefit provisions.

Regulation 9 amends the Discretionary Financial Assistance Regulations (Northern Ireland) 2001 to provide that discretionary housing payments shall not be made where the requirement for financial assistance arises as a consequence of the application of the loss of benefit provisions.

Section 60(1) and 2(a) of, and paragraphs 3(1) and 4(3) and (5) of Schedule 7 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 are some of the enabling provisions under which these Regulations are made. They came fully into operation on 2nd July 2001 by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 5) Order (Northern Ireland) 2001 (S.R. 2001 No. 141 (C. 8)).

These Regulations are made in consequence of sections 6 to 12 of the Act which come fully into operation on 1st April 2002 by virtue of the Social Security Fraud (2001 Act) (Commencement No. 2) Order (Northern Ireland) 2002 (S.R. 2002 No. 75 (C. 7)). As these Regulations are made before the end of the period of 6 months from the commencement of the said sections, they are accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), from prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.