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Explanatory note

Northern Ireland

(This note is not part of the Regulations)

These Regulations amend—

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

  • the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”);

  • the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997 (“the Social Security (Recovery of Benefits) Regulations”);

  • the State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”);

  • the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005;

  • the Housing Benefit Regulations (Northern Ireland) 2006 (“the Housing Benefit Regulations”);

  • the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (“the Housing Benefit SPC Regulations”);

  • the Employment and Support Allowance Regulations (Northern Ireland) 2008, (“the Employment and Support Allowance Regulations”); and

  • the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008,

to introduce disregards or exemptions in respect of payments by “MFET Limited”. MFET Limited is a company limited by guarantee (number 7121661), established and funded by the Secretary of State, for the benefit of persons who have acquired HIV as a result of treatment by the NHS with blood or blood products.

Regulations 2 to 4 and 6, 8, 9 and 10 amend the Income Support Regulations, the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987; the Jobseeker’s Allowance Regulations, the State Pension Credit Regulations, the Housing Benefit Regulations, the Housing Benefit (SPC) Regulations and the Employment and Support Allowance Regulations to change references from “age 60” to “the qualifying age” or “the qualifying age for state pension credit” when considering notional income or notional capital, and in relation to the supply of information on income and capital.

Regulation 2 amends the Income Support Regulations to:

  • provide that where the claimant has a partner aged under 18 who is sick, and the partner claims employment and support allowance rather than income support for their period of sickness, the couple will be eligible for the higher rate; and

  • include access to income support for certain young people coming to live in Northern Ireland who have ceased to live in accommodation provided by local authorities in Scotland.

Regulations 2 and 4 amend the Income Support Regulations and the Jobseeker’s Allowance Regulations to introduce a definition of volunteer.

Regulation 4 amends the Jobseeker’s Allowance Regulations to:

  • amend the period in which a member of a joint-claim couple will be entitled to jobseeker’s allowance without having to make a joint claim because she has recently given birth, to be up to 28 weeks after the birth of the child;

  • remove references to paragraphs as a consequence of recent changes made to the Income Support Regulations, concerning persons eligible to claim income support rather than Jobseeker’s Allowance;

  • insert an interpretation for “last day of the course” for students; and

  • correct a small drafting error in provisions relating to hardship cases for joint-claim couples.

Regulation 6 amends the State Pension Credit Regulations to provide for foreign state retirement pensions to be treated in the same way as foreign social security benefits.

Regulation 8 amends the Housing Benefit Regulations to—

  • extend the coverage of the second chance learning provision to also include young people under 21, where they were enrolled or accepted onto a course before reaching the age of 19. Second chance learning provisions refer to educational courses that do not lead to a Higher National Certificate or higher qualification, or equivalent qualifications, and

  • bring the treatment of employment and support allowance payments to those claimants who are receiving assistance under the self-employment route, as defined in those Regulations, and training allowance paid as a substitute for employment and support allowance payments, in line with the treatment of other social security benefits.

Regulation 12 makes a consequential revocation.

In so far as these Regulations are required, for the purposes of regulations 8 and 9, 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 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, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.