The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend various provisions relating to social security.

Regulations 2 and 4 to 7 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 State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”), the Housing Benefit Regulations (Northern Ireland) 2006 (“the Housing Benefit Regulations”) and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 so as to:

• remove obsolete references to the Independent Living Fund, the Independent Living Funds, the Independent Living (Extension) Fund and the Independent Living (1993) Fund; and

• replace and update references relating to unwaged trainees in the non-dependant deductions provisions.

Regulations 2, 4 and 6 amend the Income Support Regulations, the Jobseeker’s Allowance Regulations and the Housing Benefit Regulations so as to:

• ensure that provisions relating to students no longer refer to the Further and Higher Education (Scotland) Act 1992 and where appropriate, update references to the Education (Scotland) Act 1980; and

• remove obsolete references to community charge benefit.

Regulations 2 and 4 amend the Income Support Regulations and the Jobseeker’s Allowance Regulations to:

• ensure that where working tax credit is awarded for an annual period a weekly amount is calculated by multiplying the daily rate by 7;

• ensure that where working tax credit remains in payment for the first 4 weeks after the claimant ceased work or began working less than 16 hours a week, any such payment may be taken into account from the start of the income support or jobseeker’s allowance claim and for an appropriate number of weeks;

• ensure that a loan will qualify for the purposes of housing costs if it is taken out for the provision of separate sleeping accommodation for a person regarded as a “qualifying young person” who could be someone up to 20 years of age;

• remove obsolete references in the linking rules for housing cost provisions;

• ensure that the definitions of “sandwich course” and “student loan” contains the correct cross-references to current legislation; and

• remove obsolete references to “hardship loans” from the student provisions.

Regulation 2 also amends the Income Support Regulations so as to correct references to legislation in the definitions of “non-dependant deduction”, “training allowance” and “youth training programme”.

Regulation 3 amends the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 so as to add “miscellaneous housing costs” and “hostel payments” to the priority order for debts for which a deduction from benefit could be made.

Regulation 5 also amends the State Pension Credit Regulations to clarify the circumstances under which excessive housing costs could be met following a superseding decision.

Regulation 7 also amends the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 to correct provisions relating to decision notices so that instead of referring to “income support or an income-based jobseeker’s allowance” the notice will refer to “state pension credit”.

Regulation 8 makes consequential revocations.

In so far as these Regulations are required, for the purposes of regulations 6 and 7, 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.