OpenLegislation

The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2004

S.R. 2004/143 · Made 26 March 2004 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 11 April 2011.

HOUSING; RATES; SOCIAL SECURITY

Made 26th March 2004

Coming into operation in accordance with regulation 1

The Department for Social Development, in exercise of the powers conferred on it by sections 113(3), 122(1)(a) and (d), 132(3) and (4)(b) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, sections 2A(1), (3)(c) to (f), (4), (5)(a) and (b), (6), (7) and (8), 2B(2), (6) and (7), 71(1) and 165(1) and (4) to (6) of the Social Security Administration (Northern Ireland) Act 1992f2 and Articles 6(5), 14(1) and (4)(b) and 36(2) of the Jobseekers (Northern Ireland) Order 1995f3, and now vested in itf4, and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnelf5, in so far as regulations 3 and 8 are concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of those regulations should not be referred to itf6, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 113(3) was amended by paragraph 48 of Schedule 6 to 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)

f2

1992 c. 8; section 2A and 2B were inserted by Article 54 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), section 2B(2) was amended by paragraph 6(b) of the Schedule to the Social Security (Northern Ireland) Act 2002 (c. 10) and section 71(1) was amended by paragraph 32(2) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

f3

S.I. 1995/2705 (N.I. 15); Article 36(2)(a) was amended by Article 4 of and 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

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

f6

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Income Support Regulations in relation to income and capital disregards
  3. 3Amendment of the Housing Benefit Regulations in relation to income and capital disregards Repealed
  4. 4Amendment of the Jobseeker’s Allowance Regulations in relation to income and capital disregards
  5. 5Amendment of the Jobseeker’s Allowance Regulations in relation to residential allowance
  6. 6Amendment of the Social Security (Work-focused Interviews for Lone Parents) Regulations
  7. 7Amendment of the Social Security (Overlapping Benefits) Regulations
  8. 8Amendment of the Housing Benefit Regulations in relation to working tax credit and child tax credit Repealed
  9. 9Amendment of the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations Repealed
  10. Signature
  11. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2004.

(2)

These Regulations shall come into operation for the purposes of –

(a)

regulations 1 to 5, on 1st April 2004;

(b)

regulation 6, on 5th April 2004;

(c)

regulation 8, on 6th April 2004;

(d)

regulation 7, on 12th April 2004; and

(e)

regulation 9, in so far as it relates to a claimant for income support or, as the case may be, a jobseeker’s allowance, on the first day of the first benefit week to commence for that claimant on or after 12th April 2004.

(3)

In paragraph (2)(e) “benefit week” has the same meaning as in –

(a)

regulation 2(1) of the Income Support Regulationsf1, in so far as that paragraph relates to a claimant for income support; and

(b)

regulation 1(2) of the Jobseeker’s Allowance Regulationsf2, in so far as that paragraph relates to a claimant for a jobseeker’s allowance.

(4)

In these Regulations –

  • F1...

  • “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987f3;

  • “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f4.

(5)

The Interpretation Act (Northern Ireland) 1954f5 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of the Income Support Regulations in relation to income and capital disregardsI1

(1)

The Income Support Regulations shall be amended in accordance with paragraphs (2) to (4).

(2)

In regulation 2(1) (interpretation) the definition of “ERA payment”f1 shall be omitted.

(3)

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

(a)

for paragraph 13f2 there shall be substituted the following paragraph –

“13
(1)

Any payment made pursuant to section 1 or 3 of the Employment and Training Act (Northern Ireland) 1950f3 except a payment –

(a)

made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;

(b)

of an allowance referred to in section 1(1B) of the Employment and Training Act (Northern Ireland) 1950;

(c)

intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects; or

(d)

made in respect of the cost of living away from home to the extent that the payment relates to rent or rates or, as the case may be, both for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home.

(2)

The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 17(1)(e) (applicable amounts) or 18(1)(f) (polygamous marriages), of the claimant or, where the claimant is a member of a family, any other member of his family.

(3)

For the purposes of this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.”;

(b)

in paragraph 51f4 omit from “or in accordance with” to “Act (Northern Ireland) 1950”;

(c)

in paragraph 68f5 omit from “or any payment” to “Act (Northern Ireland) 1950”;

(d)

paragraphs 60, 60A, 61 and 64 and 73f6 shall be omitted.

(4)

In Schedule 10 (capital to be disregarded) –

(a)

for paragraph 30f7 there shall be substituted the following paragraph –

“30

Any payment made pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950, but only for the period of 52 weeks beginning on and including the date of receipt of the payment.”;

(b)

in paragraph 42f8 omit –

(i)

“, or a training bonus paid under section 3(3) of the Employment and Training Act (Northern Ireland) 1950”, and

(ii)

from “or in accordance with” to “Act (Northern Ireland) 1950”;

(c)

paragraphs 48, 48A, 49, 51 and 65f9 shall be omitted.

3Amendment of the Housing Benefit Regulations in relation to income and capital disregardsF1

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

4Amendment of the Jobseeker’s Allowance Regulations in relation to income and capital disregardsI1

(1)

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

(2)

In regulation 1(2) (interpretation) the definition of “ERA payment”f1 shall be omitted.

(3)

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

(a)

for paragraph 14 there shall be substituted the following paragraph –

“14
(1)

Any payment made pursuant to section 1 or 3 of the Employment and Training Act (Northern Ireland) 1950 except a payment –

(a)

made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;

(b)

of an allowance referred to in section 1(1B) of the Employment and Training Act (Northern Ireland) 1950;

(c)

intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects; or

(d)

made in respect of the cost of living away from home to the extent that the payment relates to rent or rates or, as the case may be, both for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home.

(2)

The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs), of the claimant or, where the claimant is a member of a family, any other member of his family.

(3)

For the purposes of this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.”;

(b)

in paragraph 50 omit from “or in accordance with” to “Act (Northern Ireland) 1950”;

(c)

paragraphs 58, 58A, 59, 62 and 69f2 shall be omitted.

(4)

In Schedule 7 (capital to be disregarded) –

(a)

for paragraph 32 there shall be substituted the following paragraph –

“32

Any payment made pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950, but only for the period of 52 weeks beginning on and including the date of receipt of the payment.”;

(b)

in paragraph 40 omit –

(i)

“, or a training bonus under section 3(3) of the Employment and Training Act (Northern Ireland) 1950”, and

(ii)

from “or in accordance with” to “Act (Northern Ireland) 1950”;

(c)

paragraphs 43, 43A, 44, 46 and 58f3 shall be omitted.

5Amendment of the Jobseeker’s Allowance Regulations in relation to residential allowanceI1

(1)

The Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) and (3).

(2)

In regulation 86Cf1 (joint-claim couples: special cases) –

(a)

in paragraph (1)f2 for “Subject to paragraph (2A), where” there shall be substituted “Where”;

(b)

paragraph (2A)f3 shall be omitted;

F1(c)

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

(3)

In Schedule 4Af4 (applicable amounts of joint-claim couples in special cases) paragraph 6 (joint-claim couples and members of polygamous marriages where one member is, or all are, temporarily in accommodation provided by a Health and Social Services Board or an HSS trust) shall be omitted.

6Amendment of the Social Security (Work-focused Interviews for Lone Parents) RegulationsI1

In regulation 1(1) of the Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001f1 (citation, commencement and interpretation), for sub-paragraph (f) there shall be substituted the following sub-paragraph –

“(f)

subject to the preceding sub-paragraphs, come into operation on 5th April 2004 in respect of a lone parent who on that date is entitled to income support and is responsible for and living in the same household as a child.”.

7Amendment of the Social Security (Overlapping Benefits) RegulationsI1

In regulation 8(2)(b) and (3) (child benefit) of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979f1 for “£3·50” there shall be substituted “£3·65”.

8Amendment of the Housing Benefit Regulations in relation to working tax credit and child tax creditF1

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

9Amendment of the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) RegulationsF1

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

Signature

Sealed with the Official Seal of the Department for Social Development on 26th March 2004.

L.S.

John O'Neill

A senior officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulations 3 and 8 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 29th March 2004.

L.S.

Ciaran Doran

A senior officer of the

Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations.)

These Regulations further amend –

  • the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Income Support (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the principal Regulations”) in respect of certain provisions in the income and capital disregard Schedules to those Regulations (regulations 2 to 4);

  • the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the 1996 Regulations”) as a consequence of the cessation of the payment of a residential allowance or special amounts to those residing in residential care or nursing homes or who are in residential accommodation (regulation 5);

  • the Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001 to provide that lone parents who are entitled to income support on 5th April 2004 shall be required to take part in work-focused interviews regardless of the age of their youngest child (regulation 6);

  • the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979, the Housing Benefit (General) Regulations (Northern Ireland) 1987 and the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003 as a result of changes to the rates of working tax credit and child tax credit from 6th April 2004 and child benefit from 12th April 2004 (regulations 7 to 9).

Regulations 2 to 4 amend the income disregard Schedules of the principal Regulations to make provision for one paragraph to disregard (with certain exceptions) any payment made to a claimant or his partner pursuant to section 1 or 3 of the Employment and Training Act (Northern Ireland) 1950 (c. 29 (N.I.)) in the calculation of income other than earnings.

The capital disregard Schedules of the principal Regulations are similarly amended so that one paragraph provides for payments made pursuant to section 1 or 3 of the Employment and Training Act (Northern Ireland) 1950 to be disregarded as capital. The amendments also provide for the capital disregard to apply only for a period of 52 weeks from when the payment is received, and for the removal of a £200 limit on the disregard of training bonus payments.

Certain paragraphs of those Schedules which refer to the disregard of specific payments made pursuant to those Acts are consequentially amended or omitted.

Regulation 5 amends the 1996 Regulations as a consequence of the cessation of the payment of a residential allowance or special amounts to recipients of income-based jobseeker’s allowance who are residing in residential care homes or nursing homes or who are in residential accommodation as defined in regulation 85(4) of the 1996 Regulations.

Regulation 5(2) amends regulation 86C of the 1996 Regulations in consequence of the omission of certain paragraphs of Schedule 4A to the 1996 Regulations.

Regulation 5(3) omits paragraph 6 of Schedule 4A to the 1996 Regulations as a consequence of the cessation of the payment of the special amounts to recipients of income-based jobseeker’s allowance who are residing in residential accommodation provided by a Health and Social Services Board or a Health and Social Services trust.

Regulation 6 substitutes a new sub-paragraph for sub-paragraph (f) of regulation 1(1) of the Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001 to provide that a lone parent who is entitled to income support on 5th April 2004 and who has a child (which is defined in section 133(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) as being a person who is under the age of 16) shall be required to take part in a work-focused interview in accordance with the those Regulations.

Regulation 7 amends the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 to ensure that the adjustments of benefit by reference to the rate of child benefit in respect of the only, elder or eldest child or payable in respect of a child of a lone parent remain the same despite an increase in the difference between the rates of child benefit from 12th April 2004.

Regulation 8 amends the Housing Benefit (General) Regulations (Northern Ireland) 1987 to provide that the amount of working tax credit or child tax credit to be taken into account when assessing entitlement to housing benefit shall be the amount of tax credit awarded less any deduction which is being made in order to recover any overpayment of tax credit.

Regulation 9 amends the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003 to increase with effect from the first day of the first benefit week to commence for a claimant of income support or a jobseeker’s allowance on or after 12th April 2004 the income support or jobseeker’s allowance income disregard for families in which there is a child under the age of one.

In so far as these Regulations are required, for the purposes of regulations 3 and 8, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they 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 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.