OpenLegislation

The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004

S.R. 2004/45 · Made 12 February 2004 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 20 November 2006.

HOUSING; RATES; SOCIAL SECURITY

Made 12th February 2004

Coming into operation 29th March 2004

The Department for Social Development, in exercise of the powers conferred on it by sections 122(1)(a) and (d), 132(4)(b) and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, Articles 14(4)(b) and 36(2) of the Jobseekers (Northern Ireland) Order 1995f2, and now vested in itf3 and sections 15(6) and 19(1) to (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 regulations 3 and 6 are concerned, 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)

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

Contents

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  3. 3Amendment of the Housing Benefit (General) Regulations Repealed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  6. 6Amendment of the Housing Benefit (State Pension Credit) Regulations Repealed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

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004 and shall come into operation on 29th March 2004.

(2)

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

2Amendment of the Income Support (General) RegulationsI1

In regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987f1 (interpretation) –

(a)

for the definition of “dwelling occupied as the home”f2 there shall be substituted the following definition –

  • ““dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with –

    1. (a)

      any agricultural land adjoining that dwelling, and

    2. (b)

      any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;”;

(b)

the definition of “premises”f3 shall be omitted.

3Amendment of the Housing Benefit (General) RegulationsF1

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

4Amendment of the Jobseeker’s Allowance RegulationsI1

In regulation 1(2) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 (interpretation) for the definition of “dwelling occupied as the home” there shall be substituted the following definition –

  • ““dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with –

    1. (a)

      any agricultural land adjoining that dwelling, and

    2. (b)

      any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;”.

5Amendment of the State Pension Credit RegulationsI1

In regulation 1(2) of the State Pension Credit Regulations (Northern Ireland) 2003f1 (citation, commencement and interpretation) –

(a)

for the definition of “dwelling occupied as the home” there shall be substituted the following definition –

  • ““dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with –

    1. (a)

      any agricultural land adjoining that dwelling, and

    2. (b)

      any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;”;

(b)

in Schedule 5 (income from capital) in paragraph 6 for sub-paragraph (2) there shall be substituted the following sub-paragraph –

“(2)

In this paragraph “dwelling” means the dwelling occupied as the home formerly so occupied by the claimant.”.

6Amendment of the Housing Benefit (State Pension Credit) RegulationsF1

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

Signature

Sealed with the Official Seal of the Department for Social Development on 12th February 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 6 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 13th February 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 Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, the State Pension Credit Regulations (Northern Ireland) 2003 and the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 (“the principal Regulations”).

These Regulations amend the principal Regulations so as to clarify the policy intention in relation to the treatment of the dwelling occupied as the home.

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.

These Regulations do not impose any charge on business.