The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2018
S.R. 2018/149 · Made 22 August 2018
Housing; Rates; Social Security
Made 22nd August 2018
Coming into operation 18th September 2018
The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 132(3) and (4)(b) and 171(1) and (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, Articles 14(4)(b) and 36(2)(a) of the Jobseekers (Northern Ireland) Order 1995f2, and now vested in itf3, and sections 17(3)(b) and 25(2)(a) of the Welfare Reform Act (Northern Ireland) 2007f4.
Regulation 4 is made with the consent of the Department of Financef5.
The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to itf6.
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 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 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.))
- f4
- 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 and section 1(4) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.))
- f6
-
See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (1992 c. 8)
Contents
- 1Citation, commencement and interpretation
- 2Amendment of the Income Support Regulations
- 3Amendment of the Jobseeker’s Allowance Regulations
- 4Amendment of the Housing Benefit Regulations
- 5Amendment of the Employment and Support Allowance Regulations
- Signature
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 and shall come into operation on 18th September 2018.
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 Regulations
3Amendment of the Jobseeker’s Allowance Regulations
In regulation 131(2)(j) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 (calculation of grant income) after “1989” insert “or Part 6 of the Social Services and Well-being (Wales) Act 2014”.
4Amendment of the Housing Benefit Regulations
The Housing Benefit Regulations (Northern Ireland) 2006f1 are amended in accordance with paragraphs (2) and (3).
In regulation 56(2)(i) (calculation of grant income) after “1989” insert “or Part 6 of the Social Services and Well-being (Wales) Act 2014.
In Schedule 5 (sums to be disregarded in the calculation of earnings), in paragraph 17(2)(b), for sub-paragraph (iv) substitute—
“(iv)not being a member of a couple, is engaged in remunerative work for on average not less than 16 hours per week and—
(aa)the claimant’s applicable amount includes a disability premium under paragraph 12 or the support component under paragraph 24 of Schedule 4, or
(bb)the claimant is a member of the work-related activity group, or
(v)is a member of a couple and at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week and that member of the couple—
(aa)satisfies the qualifying conditions for the disability premium or the support component under paragraph 24 of Schedule 4, or
(bb)is a member of the work-related activity group.”.
5Amendment of the Employment and Support Allowance Regulations
In regulation 132(2)(j) of the Employment and Support Allowance Regulations (Northern Ireland 2008f1 (calculation of grant income) after “1989” insert “or under Part 6 of the Social Services and Well-being (Wales) Act 2014”.
Signature
Sealed with the Official Seal of the Department for Communities on 22nd August 2018
(L.S.)
Anne McCleary
A senior officer of the Department for Communities
The Department of Finance hereby consents to the foregoing regulations.
Sealed with the Official Seal of the Department of Finance on 22nd August 2018
(L.S.)
Stuart Stevenson
A senior officer of the Department of Finance
Explanatory note
(This note is not part of the Regulations)
These Regulations make amendments to secondary legislation as a consequence of the coming into force of the Social Services and Well-being (Wales) Act 2014 (2014 anaw 4) (“SSWBWA 2014”).
Regulations 2 to 5 amend the following sets of regulations to include reference to the SSWBWA 2014 in provisions which refer to the Children Act 1989 (1989 c. 41).
the Income Support (General) Regulations (Northern Ireland) 1987;
the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;
the Housing Benefit Regulations (Northern Ireland) 2006; and
the Employment and Support Allowance Regulations (Northern Ireland) 2008.
Regulation 4 also amends the Housing Benefit Regulations (Northern Ireland) 2006 to correct an error in paragraph 17(2)(b)(iv) of Schedule 5 so that it is clear that, where the claimant is a member of a couple and one of them is engaged in remunerative work for on average not less than 16 hours a week, it is the member of the couple who is working who must meet the other qualifying conditions for the disregard.