OpenLegislation

The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2005

S.R. 2005/424 · Made 14 September 2005 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 16 July 2007.

HOUSING; RATES; SOCIAL SECURITY

Made 14th September 2005

Coming into operation in accordance with regulation 1

The Department for Social Development, in exercise of the powers conferred by sections 122(1)(a) and (d), 130, 132 and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 and Articles 14(1), (2) and (4), 15(1) and (2A) and 36(2) of the Jobseekers (Northern Ireland) Order 1995f2, and now vested in itf3, and sections 15(1)(j), (3) and (6)(b) and 19(1), (2)(a) and (3) of the State Pension Credit Act (Northern Ireland) 2002f4 and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnelf5 in so far as regulation 3 is concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of that regulation should not be referred to itf6, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

f2

S.I. 1995/2705 (N.I. 15); Article 15(2A) was inserted by paragraph 10(2) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and 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)

f3

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

f4

2002 c. 14 (N.I.)

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 (c. 8)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Income Support Regulations
  3. 3Amendment of the Housing Benefit (General) Regulations Repealed
  4. 4Amendment of the Jobseeker’s Allowance Regulations
  5. 5Amendment of the State Pension Credit Regulations
  6. Signature
  7. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2005 and shall, subject to paragraphs (2) to (5), come into operation on 3rd October 2005.

(2)

The following provisions shall come into operation on 30th December 2005—

(a)

regulation 2(8)(b) and (9)(b);

(b)

regulation 3(5)(b) and (6)(b); and

(c)

regulation 4(8)(b) and (9)(b).

(3)

Regulation 3(4) shall come into operation on 1st April 2006.

(4)

The following provisions shall come into operation on 6th April 2006—

(a)

regulation 2(3)(a) to (d) and (5);

(b)

regulation 3(2) and (3); and

(c)

regulation 4(3)(a) to (e) and (5).

(5)

The following provisions shall come into operation on the first day of the first benefit week commencing on or after 10th April 2006—

(a)

regulation 2(2), (4), (6) and (7); and

(b)

regulation 4(2), (4), (6) and (7).

(6)

In paragraph (5) the term “benefit week”, so far as it relates to regulation 2, has the same meaning as in regulation 2(1) of the Income Support Regulationsf1 and, so far as it relates to regulation 4, has the same meaning as in regulation 1(2) of the Jobseeker’s Allowance Regulationsf2.

(7)

In these Regulations—

  • “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.

(8)

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 RegulationsI1I2I3I4I5I6

(1)

The Income Support Regulations shall be amended in accordance with paragraphs (2) to (9).

(2)

In regulation 41(1)f1 (capital treated as income) the words “£8,000 or, in a case where regulation 45(aa) (capital limit) applies, £12,000 or, in a case where regulation 45(b) applies,” shall be omitted.

(3)

In regulation 42 (notional income)—

(a)

in paragraph (2)(g)f2 after “personal pension scheme” there shall be inserted “, occupational pension scheme”;

(b)

for paragraph (2A)f3 there shall be substituted the following paragraphs—

“(2ZA)

A claimant who has attained the age of 60 shall be treated as possessing—

(a)

the amount of any income from an occupational pension scheme, personal pension scheme or retirement annuity contract—

(i)

for which no claim has been made, and

(ii)

to which he might expect to be entitled if a claim for it were made;

(b)

income from an occupational pension scheme which the claimant elected to defer,

but only from the date on which it could be expected to be acquired were an application for it to be made.

(2A)

Where a person, aged not less than 60, is a person entitled to money purchase benefits under an occupational pension scheme or a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, and—

(a)

in the case of an occupational pension scheme or personal pension scheme, he fails to purchase an annuity with the funds available in that scheme where—

(i)

he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder;

(ii)

he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, or

(iii)

income withdrawal is not available to him under that scheme; or

(b)

in the case of a retirement annuity contract, he fails to purchase an annuity with the funds available under that contract,

the amount of any income foregone shall be treated as possessed by him, but only from the date on which it could be expected to be acquired were an application for it to be made.”;

(c)

in paragraph (2C)f4—

(i)

for “relevant personal pension scheme” there shall be substituted “relevant occupational or personal pension scheme”, and

(ii)

for “under a personal pension scheme” there shall be substituted “under a scheme”;

(d)

after paragraph (2C) there shall be inserted—

“(2CA)

In paragraph (2A), “money purchase benefits” has the meaning it has in the Pension Schemes (Northern Ireland) Act 1993f5.”; and

(e)

at the end of paragraph (4)f6 after “any payment in kind” there shall be added “to the third party”.

(4)

For regulation 45f7 (capital limit) there shall be substituted the following regulation—

“Capital Limit

45.

For the purposes of section 130(1) of the Contributions and Benefits Act as it applies to income support (no entitlement to benefit if capital exceeds prescribed amount), the prescribed amount is £16,000.”.

(5)

In regulation 51(2) (notional capital) after sub-paragraph (d)f8 there shall be inserted the following sub-paragraph—

“(da)

an occupational pension scheme where the claimant is aged under 60; or”.

(6)

In regulation 53f9 (calculation of tariff income from capital)—

(a)

in paragraph (1)—

(i)

the words “(1ZA) or” shall be omitted;

(ii)

for “£3,000” (in both places where it occurs) there shall be substituted “£6,000”, and

(iii)

for “£8,000” there shall be substituted “£16,000”;

(b)

paragraph (1ZA) shall be omitted;

(c)

in paragraph (1B) the words “and regulation 45” shall be omitted; and

(d)

in paragraphs (2) and (3) “, (1ZA)” shall be omitted.

(7)

In Schedule 3f10 (housing costs) in paragraph 14(4)(a) and (c) for “£8,000” there shall be substituted “£16,000”.

(8)

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

(a)

in paragraph 21f11 after sub-paragraph (3) there shall be added the following sub-paragraph—

“(4)

The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.”;

(b)

in paragraph 25—

(i)

in sub-paragraph (1)(b)f12 for “in accordance with regulations made under section 57A of the Adoption Act 1976 (permitted allowances) or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 or” there shall be substituted “pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002f13 or in accordance”, and

(ii)

for sub-paragraph (1A)f14 there shall be substituted the following sub-paragraph—

“(1A)

Any payment, other than a payment to which sub-paragraph (1)(b) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”; and

(c)

for paragraph 58f15 there shall be substituted the following paragraph—

“58.

Any payment made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002f16.”.

(9)

In Schedule 10 (capital to be disregarded)—

(a)

for paragraph 63f17 there shall be substituted the following paragraph—

“63.

Any payment made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002.”; and

(b)

for paragraph 64f18 there shall be substituted the following paragraph—

“64.

Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”.

3Amendment of the Housing Benefit (General) RegulationsF1

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

4Amendment of the Jobseeker’s Allowance RegulationsI1I2I3I4I5I6

(1)

The Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) to (9).

(2)

In regulation 104(1)f1 (capital treated as income) the words “£8,000 or, in a case where regulation 107(aa) (capital limit) applies, £12,000 or, in a case where regulation 107(b) applies,” shall be omitted.

(3)

In regulation 105 (notional income)—

(a)

in paragraph (2)(g) after “personal pension scheme” there shall be inserted “or occupational pension scheme”;

(b)

before paragraph (3) there shall be inserted the following paragraph—

“(2B)

A claimant who has attained the age of 60 shall be treated as possessing—

(a)

the amount of any income from an occupational pension scheme or personal pension scheme—

(i)

for which no claim has been made, and

(ii)

to which he might expect to be entitled if a claim for it were made;

(b)

income from an occupational pension scheme which the claimant elected to defer,

but only from the date on which it could be expected to be acquired were an application for it to be made.”;

F1(c)

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

(d)

in paragraph (5) for “personal pension scheme been held under a personal pension scheme” there shall be substituted “occupational or personal pension scheme been held under a scheme”;

(e)

after paragraph (5) there shall be inserted the following paragraph—

“(5A)

In paragraph (3), “money purchase benefits” has the meaning it has in the Pension Schemes (Northern Ireland) Act 1993.”; and

(f)

at the end of paragraph (10)f2 after “any payment in kind” there shall be added “to the third party”.

(4)

For regulation 107f3 (capital limit) there shall be substituted the following regulation—

“Capital limit

107.

For the purposes of Article 15(1) and (2A) of the Order (no entitlement to an income-based jobseeker’s allowance if capital exceeds a prescribed amount), the prescribed amount is £16,000.”.

(5)

In regulation 113(2)f4 (notional capital) after sub-paragraph (d) there shall be inserted the following sub-paragraph—

“(da)

an occupational pension scheme where the claimant is aged under 60; or”.

(6)

In regulation 116f5 (calculation of tariff income from capital)—

(a)

in paragraph (1)—

(i)

the words “(1ZA) or” shall be omitted;

(ii)

for “£3,000” (in both places where it occurs ) there shall be substituted “£6,000”, and

(iii)

for “£8,000” there shall be substituted “£16,000”;

(b)

paragraph (1ZA) shall be omitted; and

(c)

in paragraphs (2) and (3) “, (1ZA)” shall be omitted.

(7)

In Schedule 2 (housing costs) in paragraph 13(5)(a) and (c)f6 for “£8,000” there shall be substituted “£16,000”.

(8)

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

(a)

in paragraph 22f7 after sub-paragraph (3) there shall be added the following sub-paragraph—

“(4)

The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.”;

(b)

in paragraph 26—

(i)

in sub-paragraph (1)(b)f8 for “in accordance with regulations made under section 57A of the Adoption Act 1976 (permitted allowances) or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 or” there shall be substituted “pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance”, and

(ii)

for sub-paragraph (1A)f9 there shall be substituted the following sub-paragraph—

“(1A)

Any payment, other than a payment to which sub-paragraph (1)(b) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”; and

(c)

for paragraph 56f10 there shall be substituted the following paragraph—

“56.

Any payment made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002.”.

(9)

In Schedule 7 (capital to be disregarded)—

(a)

for paragraph 56f11 there shall be substituted the following paragraph—

“56.

Any payment made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002.”; and

(b)

for paragraph 57f12 there shall be substituted the following paragraph—

“57.

Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.”.

5Amendment of the State Pension Credit RegulationsI1

(1)

The State Pension Credit Regulations (Northern Ireland) 2003f1 shall be amended in accordance with paragraphs (2) to (5).

(2)

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

  • ““board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of—

    1. (a)

      the provision of that accommodation; and

    2. (b)

      at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises,

    but not accommodation provided by a close relative of his or of his partner, or other than on a commercial basis;.”.

(3)

In regulation 15(5)(e) (income for the purposes of the Act) the words “, and for this purpose “board and lodging accommodation” has the same meaning as in paragraph 8(2) of Schedule 4” shall be omitted.

(4)

In regulation 17B(2)(a)f2 (earnings of self-employed earners) for “paragraph 8(2) of Schedule 4” there shall be substituted “regulation 1(2)”.

(5)

In paragraph 8 of Schedule 4 (amounts to be disregarded in the calculation of income other than earnings) sub-paragraph (2) shall be omitted.

Signature

Sealed with the Official Seal of the Department for Social Development on 14th September 2005.

L.S.

John O'Neill

A senior officer of the

Department for Social Development

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

Sealed with the Official Seal of the Department of Finance and Personnel on 15th September 2005.

L.S.

Mary McIvor

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 Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”), the Housing Benefit (General) Regulations (Northern Ireland) 1987 (“the Housing Benefit Regulations”), the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”) and the State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”).

Regulations 2 to 4 amend the Income Support Regulations, the Housing Benefit Regulations and the Jobseeker’s Allowance Regulations so as to—

  • increase the lower capital limit of £3,000 to £6,000;

  • remove some of the provisions that provide different capital limits in special circumstances and update references to capital limits in the regulations that deal with tariff income;

  • provide that a person aged under 60, who opts not to take an occupational pension available to him under early release, is not treated as possessing the amount of any income or capital deferred;

  • ensure that where money is paid to a third party on behalf of a claimant and is subsequently used by the third party to provide benefits in kind to the claimant, the money will not be disregarded;

  • change references to adopters in the income and capital disregards of financial support in order to take account of the commencement of the Adoption and Children Act 2002; and

  • change references to take account of the Carers and Direct Payments Act (Northern Ireland) 2002.

Regulations 2 and 4 also amend the Income Support Regulations and the Jobseeker’s Allowance Regulations so as to—

  • provide that a person aged 60 or over, who opts not to take an occupational pension available to him, shall be treated as possessing the amount of any income foregone from the date on which it could be expected to be acquired were an application to be made; and

  • make it clear, in the case of a claimant aged 60 or over, that income which could be obtained from money purchase benefits under an occupational pension scheme is treated in the same way as such income under a personal pension scheme.

Regulation 5 amends the State Pension Credit Regulations so as to insert a definition of “board and lodging accommodation” in regulation 1(2) and also makes amendments consequential on the new definition.

In so far as these Regulations are required, for the purposes of regulation 3, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, 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 in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.