The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011

PART 1 N.I. GENERAL

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 and, subject to paragraph (2) shall come into operation on 31st October 2011.

(2) Regulation 6 comes in to operation on 6th April 2012.

(3) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Commencement Information

I1 Reg. 1 in operation at 31.10.2011, see reg. 1(1)

Application N.I.

2.  Regulations 9(2)(amendments of the Social Security (Incapacity for Work) (General) Regulations) and 21(5) and (6) (amendments to the Employment and Support Allowance Regulations) apply only in relation to information requested in the form of a questionnaire first issued to a person on or after 31st October 2011, in accordance with—

(a) regulation 6(1)(b) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(2) (information required for determining capacity for work); or or

(b) regulations 21(1)(b) (information required for determining capability for work) or 36(1)(a) (information required for determining capability for work-related activity) of the Employment and Support Allowance Regulations (Northern Ireland) 2008(3).

Commencement Information

I2 Reg. 2 in operation at 31.10.2011, see reg. 1(1)

PART 2 N.I. AMENDMENTS TO PRIMARY LEGISLATION

Amendment of the Social Security Administration (Northern Ireland) Act N.I.

3.  In section 155(5) of the Social Security Administration (Northern Ireland) Act 1992(4) (reciprocal agreements with countries outside the United Kingdom ) for “or this Act” substitute “, this Act or Part 1 of the Welfare Reform Act (Northern Ireland) 2007”.

Commencement Information

I3 Reg. 3 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Data Protection Act N.I.

4.  In section 56(6) of the Data Protection Act 1998(5) (prohibition of requirement as to production of certain records) in paragraph 3 of the Table, for “or the Jobseekers (Northern Ireland) Order 1995” substitute “, the Jobseekers (Northern Ireland) Order 1995 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007.”.

Commencement Information

I4 Reg. 4 in operation at 31.10.2011, see reg. 1(1)

PART 3 N.I. AMENDMENTS TO SECONDARY LEGISLATION

Amendment of the Social Security Benefit (Dependency) Regulations N.I.

5.  In Part 2 of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland 1977(6) (prescribed circumstances for increase of a carer’s allowance)—

(a) in paragraph 6 (increase of carer’s allowance for adult dependants) for “section 49” substitute “section 90 of the Contributions and Benefits Act”; and

(b) in paragraph 7 for “the Act” substitute “the Contributions and Benefits Act”.

Commencement Information

I5 Reg. 5 in operation at 31.10.2011, see reg. 1(1)

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Amendment of the Statutory Sick Pay (General) Regulations N.I.

6.  In regulation 2(1) of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982(7) (persons deemed incapable of work)—

(a) in sub-paragraph (b)(8), for “by reason of his being a carrier, or having been in contact with” substitute “by reason of it being known or reasonably suspected that he is infected or contaminated by, or has been in contact with”; and

(b) for sub-paragraphs (cc) and (dd) substitute—

“(cc) regulations 8 and 9 of the Public Health (Ships) Regulations (Northern Ireland) 2008(9) (examination etc., of persons on ships and powers in respect of persons leaving ships) apply;

(dd) regulations 7 and 8 of the Public Health (Aircraft) Regulations (Northern Ireland) 2008(10) (examination etc., of persons on aircraft and powers in respect of persons leaving aircraft) apply; ”.

Commencement Information

I6 Reg. 6 comes into force in accordance with reg. 1(2)

Amendment of the Income Support (General) Regulations N.I.

7.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(11) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “board and lodging accommodation”(12) insert—

““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and

(b) in the definition of “qualifying person”(13) after “the Skipton Fund” insert “, the Caxton Foundation”.

(3) In regulation 21AA(14) (special cases: supplemental – persons from abroad) omit paragraph (4)(f)(i).

(4) For regulation 42(1) (notional income), substitute—

“(1) A claimant is to be treated as possessing income of which the claimant has deprived themselves for the purpose of securing entitlement to income support or increasing the amount of that benefit, or for the purpose of securing entitlement to, or increasing the amount of a jobseeker’s allowance or an employment and support allowance.”.—

(5) In—

(a) regulation 42(4ZA)(a)(15);

(b) regulation 48(10)(c)(16) (income treated as capital);

(c) Schedule 3 (housing costs) paragraph 18(8)(b)(17);

(d) Schedule 9 (sums to be disregarded in the calculation of income other than earnings) paragraphs 21(2)(18) and 39(1)(19); and

(e) Schedule 10 (capital to be disregarded) paragraph 29(20),

after “MFET Limited” insert “, the Skipton Fund”, the Caxton Foundation”.

(6) In—

(a) regulation 51(3A)(a)(21) (notional capital);

(b) Schedule 9 paragraph 39(7)(22); and

(c) Schedule 10 paragraph 22(1)(23) and (7)(24),

after “the Skipton Fund” insert “, the Caxton Foundation”.

(7) In Schedule 2, paragraph 13A(1A)(25) (applicable amounts: enhanced disability premium) after “claimant” insert “or partner”.

Commencement Information

I7 Reg. 7 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Social Security (Claims and Payments) Regulations N.I.

8.  In paragraph 1 of Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(26) (deductions from benefit and direct payment to third parties) for sub-paragraph (2)(b)(27) substitute—

“(b) contributory employment and support allowance where—

(i) both income-related employment and support allowance and contributory employment and support allowance are in payment and the income-related employment and support allowance alone is insufficient for the purposes of this Schedule, or

(ii) if there was no entitlement to a contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate.”.

Commencement Information

I8 Reg. 8 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Social Security (Incapacity for Work) (General) Regulations N.I.

9.—(1) The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(28) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 7(2) (failure to provide information)—

(a) in sub-paragraph (a) for “6 weeks” substitute “4 weeks”; and

(b) in sub-paragraph (b)—

(i) for “4 weeks” substitute “3 weeks”; and

(ii) for “2 weeks have” substitute “1 week has”.

(3) In regulation 11(1)(29) (person with an infectious or contagious disease)—

(a) for “by reason of his being a carrier, or having been in contact with” substitute “by reason of it being known or reasonably suspected that he is infected or contaminated by, or has been in contact with”; and

(b) for sub-paragraphs(b)(ii) and (iii) substitute—

“(ii) regulations 8 and 9 of the Public Health (Ships) Regulations (Northern Ireland) 2008(30) (examination etc., of persons on ships and powers in respect of persons leaving ships) apply;

(iii) regulations 7 and 8 of the Public Health (Aircraft) Regulations (Northern Ireland) 2008(31) (examination etc., of persons on aircraft and powers in respect of persons leaving aircraft) apply;”.

Commencement Information

I9 Reg. 9 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Jobseeker’s Allowance Regulations N.I.

10.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(32) are amended in accordance with paragraphs (2) to (11).

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) after the definition of “board and lodging accommodation” insert—

““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and

(b) in the definition of “qualifying person”(33) after “the Skipton Fund” insert “, the Caxton Foundation”.

(3) In regulation 51 (remunerative work) omit paragraphs (4) and (5).

(4) In—

(a) regulation 61(1)(d) and (e)(34) and (2)(d) (other young persons in prescribed circumstances); and

(b) regulation 62(1), (2) and (3)(35) (registration),

for “Department of Economic Development” in each place it occurs substitute “Department for Employment and Learning”.

(5) In regulation 85A(36) (special cases: supplemental – persons from abroad) omit paragraph (4)(f)(i).

(6) In regulation 105 (notional income) for paragraph (1) substitute—

“(1) A claimant is to be treated as possessing income of which the claimant has deprived themselves for the purpose of securing entitlement to a jobseeker’s allowance or increasing the amount of that allowance, or for the purpose of securing entitlement to, or increasing the amount of income support or an employment and support allowance.”.

(7) In—

(a) regulation 105(10A)(a)(37);

(b) regulation 110(10)(c)(38) (income treated as capital);

(c) Schedule 2 (housing costs), paragraph 17(8)(b)(39);

(d) Schedule 6 (sums to be disregarded in the calculation of income other than earnings), paragraphs 22(2)(40) and 41(1)(41); and

(e) Schedule 7 (capital to be disregarded), paragraph 31(42),

after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(8) In—

(a) regulation 113(3A)(a)(43) (notional capital);

(b) Schedule 6, paragraph 41(7)(44); and

(c) Schedule 7, paragraph 27(1)(45),

after “the Skipton Fund” insert “, the Caxton Foundation”.

(9) In Schedule A1(46) (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order), after paragraph 6A(47) (member has limited capability for work) insert—

“6B.— (1) Subject to sub-paragraph (2), a person who provides—

(a) a statement which complies with the rules in Part 1 of Schedule 1 to the Social Security (Medical Evidence) Regulations 1976(48),

(b) a self-certificate for a period of limited capability for work which lasts less than 8 days or in respect of any of the first 7 days of limited capability for work, or

(c) where it would be unreasonable to require a person to provide a statement in accordance with paragraph (a), such other evidence as the Department considers to be sufficient to show that the person has limited capability for work.

(2) Sub-paragraph (1) applies to a person for the period covered by evidence falling within that sub-paragraph.

(3) For the purposes of this paragraph—

(a) “limited capability for work” has the meaning given by section 1(4) of the Welfare Reform Act (Northern Ireland) 2007(49); and

(b) “self-certificate” means a declaration made by the person in writing on a form approved for the purpose by the Department that the person has been unfit for work on a date or for a period specified in the declaration and may include a statement that the person expects to continue to be unfit for work on days subsequent to the date on which it is made.”.

(10) In paragraph 15A(1A) of Schedule 1(50) (applicable amounts: enhanced disability premium) after “claimant” insert “or partner”.

(11) In Schedule 2—

(a) in paragraph 4(4A)(b)(51) (housing costs not met) for “failed to satisfy the condition specified either in Article 4(1)(c), 5(1)(a) or 5A(1)(a) of the Order” substitute “had income equal to or in excess of the prescribed amount of earnings calculated under regulation 56 or the applicable amount determined in accordance with regulations 83 to 86C, whichever applies”; and

(b) in paragraph 13(14)(c)(52) (linking rule) for “he or his partner was engaged in remunerative work or failed to satisfy the conditions specified in Article 4(1)(c) or 5(1)(a) of the Order or the joint-claim couple of which he was a member failed to satisfy the condition in Article 5A(1)(a) of the Order” substitute “ that person, their partner or, where that person is a member of a joint-claim couple, the other member of that couple, was engaged in remunerative work or had income equal to or in excess of the prescribed amount of earnings calculated under regulation 56 or the applicable amount determined in accordance with regulations 83 to 86C, whichever applies”.

Commencement Information

I10 Reg. 10 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Social Security (Recovery of Benefits) Regulations N.I.

11.  In regulation 2(2) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997(53) (exempted trusts and payments) after sub-paragraph (l)(54) add—

“(m) any payment made from the Caxton Foundation, the charitable trust of that name established on 28th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions.”.

Commencement Information

I11 Reg. 11 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations N.I.

12.  In regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(55) (revision of decisions)—

(a) after paragraph (5C) insert—

“(5D) A decision by the Department under Article 9 or 11 awarding an employment and support allowance may be revised at any time if—

(a) it incorporates a determination that the conditions in regulation 30 of the Employment and Support Allowance Regulations are satisfied;

(b) the condition referred to in sub-paragraph (a) was not satisfied at the time when the claim was made; and

(c) there is a period before the award which falls to be decided.”.

(b) after paragraph (5F)(56) insert—

“(5G) Where—

(a) a person’s entitlement to an employment and support allowance is terminated because of a decision which embodies a determination that the person does not have limited capability for work;

(b) the person appeals that decision to the appeal tribunal;

(c) before or after that decision is appealed by the person, that person claims and there is a decision to award–

(i) income support, or

(ii) jobseeker’s allowance; and

(d) the decision referred to in sub-paragraph (a) is successfully appealed,

the decision to award income support or jobseeker’s allowance may be revised.

(5H) Where—

(a) a conversion decision within the meaning of regulation 5(2)(b) of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations 2010(57) (deciding whether an existing award qualifies for conversion) is made in respect of a person;

(b) the person appeals that decision to the appeal tribunal;

(c) before or after that decision is appealed by the person, that person claims and there is a decision to award–

(i) income support, or

(ii) jobseeker’s allowance; and

(d) the decision referred to in sub-paragraph (a) is successfully appealed,

the decision to award income support or jobseeker’s allowance may be revised.”.

Commencement Information

I12 Reg. 12 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Social Security (Work-focused Interviews for Lone Parents) Regulations N.I.

13.—(1) The Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001(58) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2ZA(1)(59) (requirement for certain lone parents to take part in an interview)—

(a) at the end of sub-paragraph (b), omit “and”;

(b) in sub-paragraph (c)—

(i) for “6” in both places substitute “4, 5 or 6”; and

(ii) at the end of sub-paragraph (c) add—

“, and

(d) he has attained the age of 18.”.

(3) In regulation 8 (reduction of income support)—

(a) in paragraph (1) omit “on the date the deduction commences”; and

(b) omit paragraph (4).

Commencement Information

I13 Reg. 13 in operation at 31.10.2011, see reg. 1(1)

Amendment of the State Pension Credit Regulations N.I.

14.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(60) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) after the definition of “board and lodging accommodation”(61) insert—

““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and

(b) in the definition of “qualifying person”(62) after “the Skipton Fund” insert “, the Caxton Foundation”.

(3) In regulation 2(63) (persons not in Northern Ireland) omit paragraph (4)(f)(i)(64).

(4) In regulation 24 (income paid to third parties)—

(a) in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) or (3)”; and

(b) after paragraph (2) insert—

“(3) Paragraph (1) shall not apply in respect of any payment of income arising out of the claimant’s participation in a service user group.”.

(5) In Schedule 2 (housing costs) in paragraph 14(8)(b)(65) after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(6) In Schedule 5 (income from capital)—

(a) in paragraph 15(1)(66) and (7)(67) after “the Skipton Fund” insert “, the Caxton Foundation”; and

(b) after paragraph 23B(68) insert—

“23C.   Any payments made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (direct payments)(69).”.

Commencement Information

I14 Reg. 14 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Social Security (Work-focused Interviews) Regulations N.I.

15.—(1) The Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003(70) are amended in accordance with paragraphs (2) to (3).

(2) In regulation 3A(1)(71) (requirement for certain lone parents to take part in an interview)—

(a) at the end of sub-paragraph (b) omit “and”;

(b) in sub-paragraph (c), for “6” substitute “4, 5 or 6”;

(c) at the end of sub-paragraph (c) insert —

“, and

(d) he has attained the age of 18.”.

(3) In regulation 11(72) (failure to take part in an interview)—

(a) in paragraph (2)(c) omit “on the date the reduction commences”; and

(b) omit paragraph (8).

Commencement Information

I15 Reg. 15 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Social Security (Work-focused Interviews for Partners) Regulations N.I.

16.  In regulation 10 of the Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003(73)(failure to take part in an interview)—

(a) in paragraph (2) omit “on the date the reduction commences”; and

(b) omit paragraph (8).

Commencement Information

I16 Reg. 16 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Social Security (Habitual Residence Amendment) Regulations N.I.

17.  In regulation 6 of the Social Security (Habitual Residence Amendment) Regulations (Northern Ireland) 2004(74) (transitional arrangements and savings)—

(a) after paragraph (1)(c) add—

“(ca) to whom sub-paragraph (c) applied, claims an employment and support allowance and it is subsequently determined that he is entitled to that benefit, and this entitlement is linked to a previous period of entitlement by virtue of regulation 145(1) of the Employment and Support Allowance Regulations (linking rules);”;

(b) in paragraph (2)—

(i) after sub-paragraph (c) omit “and”, and

(ii) after sub-paragraph (d) add—

“; and

(e) regulation 70(2) to (4) of the Employment and Support Allowance Regulations (special cases: supplemental – persons from abroad) does not apply.”; and

(c) for paragraph (4) substitute—

“(4) In this regulation—

(a) “the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008(75); and

(b) “specified benefit” means income support, housing benefit, jobseeker’s allowance, state pension credit and employment and support allowance.”.

Commencement Information

I17 Reg. 17 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations N.I.

18.  In regulation 10 of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005(76) (deductions from an award of a funeral payment)—

(a) in paragraph (2)—

(i) omit the “or” at the end of sub-paragraph (h)(77), and

(ii) after sub-paragraph (i) add—

“or

(j) the Caxton Foundation,”; and

(b) in paragraph (3)(78) for “and “the London Bombings Relief Charitable Fund”” substitute “, “the London Bombings Relief Charitable Fund” and “the Caxton Foundation””.

Commencement Information

I18 Reg. 18 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Housing Benefit Regulations N.I.

19.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(79) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “broad rental market area determination”(80) insert—

““the Caxton Foundation” means the charitable trust of that name established on 28^th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and

(b) in the definition of “qualifying person”(81) after “the Skipton Fund” insert “, the Caxton Foundation”.

(3) In regulation 10 (persons from abroad) omit paragraph 5(f)(i)(82).

(4) In regulation 34 (earnings of self-employed earners), in paragraph (1) omit the words beginning “and shall include” to the end of the paragraph.

(5) In—

(a) regulation 39(7)(a)(83) (notional income);

(b) regulation 43(6)(84) (income treated as capital);

(c) regulation 72(9)(b)(85) (non-dependant deductions);

(d) Schedule 6 (sums to be disregarded in the calculation of income other than earnings), paragraph 37(1)(86); and

(e) Schedule 7 (capital to be disregarded), paragraph 35(87),

after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(6) In—

(a) regulation 46(4)(a)(88) (notional capital);

(b) regulation 82(4)(a)(ii)(89) (evidence and information);

(c) Schedule 6, paragraph 37(7)(90); and

(d) Schedule 7, paragraph 25(1) and (7)(91),

after the “the Skipton Fund” insert “, the Caxton Foundation”.

(7) In Schedule 4 (applicable amounts)—

(a) in paragraph 3 (family premium)—

(i) in sub-paragraph (1) omit “Subject to sub-paragraph (2),”, and

(ii) omit sub-paragraph (2)(92); and

(b) in paragraph 15(1A)(93) (enhanced disability premium) after “claimant” insert “or the claimant’s partner”.

Commencement Information

I19 Reg. 19 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations N.I.

20.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (94) are amended in accordance with paragraphs (2) to (9).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “broad rental market area determination”(95) insert—

““the Caxton Foundation” means the charitable trust of that name established on 28^th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and

(b) in the definition of “qualifying person”(96), after “the Skipton Fund” insert “, the Caxton Foundation”.

(3) In regulation 10 (persons from abroad) omit paragraph 5(f)(i)(97).

(4) In regulation 36(1) (earnings of self-employed earners) omit the words beginning “and shall include” to the end of the paragraph.

(5) In regulation 40 (income paid to third parties)—

(a) in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) or (3)”; and

(b) after paragraph (2) add—

“(3) Paragraph (1) shall not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.”.

(6) In regulation 53(10)(b)(98) (non-dependant deductions) after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(7) In—

(a) regulation 63(4)(a)(ii)(99) (evidence and information); and

(b) Schedule 7 (capital to be disregarded) paragraph 16(1)(a)(100),

after “the Skipton Fund” insert “, the Caxton Foundation”.

(8) In Schedule 4 (applicable amounts)—

(a) in paragraph 3 omit sub-paragraph (2)(101); and

(b) in paragraph 7(2)(102) (enhanced disability premium) after “claimant” insert “or the claimant’s partner”.

(9) In Schedule 7 (capital to be disregarded)

(a) after paragraph 28B(103) insert—

“28C.   Any payments made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (direct payments)(104).”

Commencement Information

I20 Reg. 20 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Employment and Support Allowance Regulations N.I.

21.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(105) are amended in accordance with paragraphs (2) to (16).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “carer’s allowance” insert—

““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”;

(b) in the definition of” qualifying person”(106) after “the Skipton Fund” insert “, the Caxton Foundation”; and

(c) in the definition of “relevant disease” for paragraphs (b) and (c) substitute—

“(b) regulations 8 and 9 of the Public Health (Ships) Regulations (Northern Ireland) 2008(107) (examination etc., of persons on ships and powers in respect of persons leaving ships) apply; or

(c) regulations 7 and 8 of the Public Health (Aircraft) Regulations (Northern Ireland) 2008(108) (examination etc., of persons on aircraft and powers in respect of persons leaving aircraft) apply; ”.

(3) In regulation 8(1) (relaxation of the first contribution condition), for sub-paragraph (b)(109) substitute—

“(b) the claimant has—

(i) earnings at the lower earnings limit in that tax year on which primary Class 1 contributions have been paid or treated as paid which in total, and disregarding any earnings which exceed the lower earnings limit for that year, are not less than that limit multiplied by 26; or

(ii) earnings factors in that tax year derived from Class 2 contributions multiplied by 26.”.

(4) In regulation 20(c) (certain claimants to be treated as having limited capability for work), for “by reason of the claimant being a carrier, or having been in contact with” substitute “by reason of it being known or reasonably suspected that the claimant is infected or contaminated by, or has been in contact with,”.

(5) In—

(a) regulation 22(2)(a) (failure to provide information in relation to limited capability for work); and

(b) regulation 37(2)(a) (failure to provide information in relation to work-related activity),

for “6 weeks” substitute “4 weeks”.

(6) In—

(a) regulation 22(2)(b); and

(b) regulation 37(2)(b)—

(i) for “4 weeks” substitute “3 weeks”, and

(ii) for “2 weeks have” substitute “1 week has”.

(7) In regulation 70 (special cases: supplemental – persons from abroad) omit paragraph (4)(f)(i).

(8) In—

(a) regulation 107(5)(a)(110) (notional income – income due to be paid or income paid to or in respect of a third party);

(b) regulation 112(8)(111) (income treated as capital);

(c) Schedule 6 (housing costs) paragraph 19(8)(b)(112);

(d) Schedule 8 (sums to be disregarded in the calculation of income other than earnings), paragraphs 21(2)(113) and 40(1)(114); and

(e) Schedule 9 (capital to be disregarded) paragraph 31(115),

after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(9) In—

(a) regulation 115(5)(a)(116) (notional capital);

(b) Schedule 8 paragraph 40(7)(117); and

(c) Schedule 9 paragraph 27(1) and (7)(118),

after “the Skipton Fund” insert “, the Caxton Foundation”.

(10) In regulation 147A(5)(119) (claimants appealing a decision)—

(a) in sub-paragraph (c) for “or struck out,” substitute “, struck out or has been discontinued in accordance with the provisions of regulation 33(9) of the Decisions and Appeals Regulations (making of appeals and applications)(120);”; and

(b) after the words “is to be treated as not having limited capability for work”, for the remainder of paragraph (5) substitute “with effect from the day specified in paragraph (5A).”.

(11) After regulation 147A(5) insert—

“(5A) The day specified for the purposes of paragraph (5) is the first day of the benefit week following the date on which the Department either—

(a) receives the clerk of the appeal tribunal’s notification that the appeal is dismissed, withdrawn or struck out, or

(b) discontinues action on an appeal in the circumstances to which regulation 33(9) (Decisions and Appeals) Regulations applies.”.

(12) In regulation 148(3)(121) (work or training beneficiaries) after the definition of “linking term” insert—

““most recent past period of limited capability for work” means the period of limited capability for work which most recently precedes the period in respect of which the current claim is made, including any period of which that previous period is treated as a continuation by virtue of regulation 145(1) or (2) (linking rules);”.

(13) In regulation 161(1)(a) (suspension of payment of a contributory allowance during imprisonment) for “(2)” substitute “(1)”.

(14) In Schedule 4 (amounts), in paragraph 6 (severe disability premium) in—

(a) sub-paragraph (2)(a)(i); and

(b) sub-paragraph (2)(b)(i),

after “care component” insert “or attendance allowance”.

(15) In Schedule 6, paragraph 15 (linking rules) in sub-paragraphs (4)(b) and (17) after “income” insert “equal to or”.

Commencement Information

I21 Reg. 21 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations N.I.

22.  In regulation 7(2) of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008(122) (exempted trusts and payments) after sub-paragraph (i)(123) add—

“(j) any payment made from the Caxton Foundation, the charitable trust of that name established on 28th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions.”.

Commencement Information

I22 Reg. 22 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Social Security (Incapacity Benefit Work-focused Interviews) Regulations N.I.

23.  In regulation 8 (consequences of a failure to take part in a work-focused interview) of the Social Security (Incapacity Benefit Work-focused Interviews) Regulations (Northern Ireland) 2008(124)—

(a) in paragraph (2) for “(6)” substitute “(5)”; and

(b) omit paragraph (6).

Commencement Information

I23 Reg. 23 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations N.I.

24.—(1) The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations (Northern Ireland) 2008(125) are amended in accordance with paragraphs (2) and (3).

(2) In Part 2, regulation 5(a)(126) (modification of the Jobseeker’s Allowance Regulations) after paragraph 4(A)(3) (housing costs: limitation applicable to qualifying loans) add—

“(4) In determining whether the exemption provided for in sub-paragraph (3) applies, where the claimant or his partner or, if the claimant is a member of a joint-claim couple, the other member of the couple was in receipt of a jobseeker’s allowance immediately before becoming entitled to income support by virtue of regulation 6(6) of the Income Support Regulations, no account shall be taken of entitlement arising by virtue of that regulation.”.

(3) In Part 3, regulation 10(b)(127) (modification of the Jobseeker’s Allowance Regulations) paragraph 4A (housing costs: limitation to qualifying loans)—

(a) in sub-paragraph (2) for “(6)” substitute “(7)”; and

(b) after sub-paragraph (6) add—

“(7) In determining whether the exemption provided for in sub-paragraph (6) applies, where the claimant or his partner or, if the claimant is a member of a joint-claim couple, the other member of the couple was in receipt of a jobseeker’s allowance immediately before becoming entitled to income support by virtue of regulation 6(6) of the Income Support Regulations, no account shall be taken of entitlement arising by virtue of that regulation.”.

Commencement Information

I24 Reg. 24 in operation at 31.10.2011, see reg. 1(1)

Amendment of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations N.I.

25.—(1) The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010(128) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 6(1)(b) (application of certain statutory provisions for purpose of making conversion decisions) after “revision” insert “or supersession”.

(3) In regulation 17(129) (changes of circumstances before the effective date) in paragraphs (d) and (e) after “revise” insert “or supersede”.

(4) In Schedule 2 (modification of statutory provisions: after the conversion phase)—

(a) in paragraph 4(i)(130), which modifies regulation 147A of the Employment and Support Allowance Regulations (claimants appealing a decision)—

(i) in paragraph (5) of the modified regulation 147A—

(aa) in sub-paragraph (c), for “or struck out,” substitute “, struck out or has been discontinued in accordance with the provisions of regulation 33(9) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (making of appeals and application)(131),”; and

(bb) after the words “is to be treated as not having limited capability for work”, for the remainder of paragraph (5) substitute “with effect from the day specified in paragraph (5A).”,

(ii) after paragraph (5) of the modified regulation 147A insert—

“(5A) The day specified for the purposes of paragraph (5) is the first day of the benefit week following the date on which the Department either—

(a) receives the notification from the clerk to the appeal tribunal that the appeal is dismissed, withdrawn or struck out, or

(b) discontinues action on an appeal in the circumstances to which regulation 33(9) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (making of appeals and application) applies.”, and

(iii) in paragraph (6) of the modified regulation 147A, for “on the first day of the benefit week following the date on which the Department was notified by the appeal tribunal of that decision” substitute “from the first day of the benefit week following the date on which the Department receives the appeal tribunal’s notification of that decision”; and

(b) after paragraph 6 (modification of the Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations) add—

“Social Security (Habitual Residence) Amendment Regulation N.I.

7.   Regulation 6 of the Social Security (Habitual Residence) Amendment Regulations (Northern Ireland) 2004(132) (transitional arrangements and savings) is to be read as if—

(a) in paragraph (1)—

(i) sub-paragraphs (a), (b) and (d) were omitted; and

(ii) for sub-paragraph (c) there were substituted—

“(c) is entitled to an employment and support allowance by virtue of—

(i) the Existing Awards Regulations, or

(ii) regulation 30 of the Employment and Support Allowance Regulations (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made) in the circumstances where the person has made and is pursuing an appeal against a conversion decision made under the Existing Awards Regulations which embodies a determination that the person does not have limited capability for work,

and immediately before the effective date of the conversion decision made in respect of that person, was entitled to a specified benefit in respect of a period which was continuous with a period of entitlement to the same or another specified benefit which included 30th April 2004;” and

(b) in paragraph (4), before sub-paragraph (a) there were inserted—

“(za) “conversion decision” and “effective date” have the same meanings as in regulation 2(1) of the Employment and Support Allowance (Transitional Provisions, and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010(133);”.”.

(5) In Schedule 3 (regulations that apply after the conversion phase) after “The Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003” insert—

“The Social Security (Habitual Residence) Amendment Regulations (Northern Ireland) 2004”.

Commencement Information

I25 Reg. 25 in operation at 31.10.2011, see reg. 1(1)

Revocations N.I.

26.  The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).

Commencement Information

I26 Reg. 26 in operation at 31.10.2011, see reg. 1(1)

Sealed with the Official Seal of the Department for Social Development on 10th October 2011

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulations 19 and 20.

Sealed with the Official Seal of the Department of Finance and Personnel on 10th October 2011

(L.S.)

Michael Daly

A senior officer of the Department of Finance and Personnel