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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations amend the following statutory rules:

  • 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 and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (“the Decisions and Appeals Regulations”);

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

  • 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”); and

  • The Employment and Support Allowance Regulations (Northern Ireland) 2008 (“the Employment and Support Allowance Regulations”).

Regulation 2(2) amends the Income Support Regulations to insert a new paragraph 7A into Schedule 1B. This paragraph provides that persons in receipt of the daily living component of personal independence payment at the enhanced rate are a prescribed category of person for the purposes of those Regulations, but only where, immediately before receiving that benefit, the person was entitled to and in receipt of income support because he or she was treated as incapable of work under the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995.

Regulations 2(3), 3, 5(4), 7(8) and 8 amend the Income Support Regulations, the Jobseeker’s Allowance Regulations, the State Pension Credit Regulations, the Housing Benefit (SPC) Regulations and the Employment and Support Allowance Regulations to provide that income received under an annuity purchased with a loan secured on a dwelling may be disregarded where, at the time the loan was made to the person, the person was aged 65 or, if it was higher at that time, pensionable age.

Regulation 4 amends the Decisions and Appeals Regulations to remove reference to the claimant or their partner being aged 65 or over.

Regulations 5(2) and 7(4) amend the State Pension Credit Regulations and the Housing Benefit (SPC) Regulations respectively to remove the requirement that exclusions from non-dependant deductions relating to non-dependant students be subject to certain conditions since, with the rising pensionable age, it is no longer relevant to make it a condition that the claimant or partner has attained the age of 65. Regulation 6 makes a similar amendment to the Housing Benefit Regulations but amends the condition so that the claimant or the claimant’s partner must be of pensionable age.

Regulation 5(3)(a) amends the State Pension Credit Regulations to provide that in order to be entitled to savings credit, one or more of the parties to a polygamous marriage must have attained pensionable age before 6 April 2016.

Regulation 5(3)(b) amends the State Pension Credit Regulations to provide a version of regulation 7A (limitations of savings credit) that will apply in relation to polygamous marriages.

Regulation 7(3), (5) and (7) amends the Housing Benefit (SPC) Regulations to align the Regulations with the rising pensionable age.

Regulation 7(6) amends the Housing Benefit (SPC) Regulations to introduce a requirement that persons likely to be absent from Northern Ireland for at least 4 weeks must notify the Department.

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.