The Social Security (Payments on Account of Benefit) Regulations (Northern Ireland) 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the circumstances when payments on account of benefit may be made.

Part 1 makes general commencement and interpretation provision (regulations 1 and 2).

Part 2 relates to payments on account of benefit which can be made where the Department for Social Development (“the Department”) is satisfied that a person is in financial need (defined in regulation 7) where it appears to the Department that—

• the person would be entitled to a benefit (listed in regulation 3) and has claimed such a benefit but the claim has not been determined;

• the person is not required by law to claim such a benefit (regulation 5);

• a claim for benefit has been determined but benefit cannot be paid at the appointed time in certain circumstances (regulation 6).

Part 2 also provides for notices which must be given when such payments on account are made (regulation 8), for such payments to be made by direct credit transfer (regulation 9) and for bringing these payments into account against future awards of the benefit on account of which the payment was made (regulation 10).

Part 3 relates to payment of budgeting advances which can be paid to persons for the purpose of defraying intermittent expenses where those persons are in receipt of universal credit and have been receiving it or its predecessor benefits for a continuous period of at least 6 months (except where the expense necessarily relates to obtaining or retaining employment) (regulation 12) who satisfy the earnings condition (regulation 13) and the recovery condition (regulation 14). Regulation 15 prescribes the minimum and maximum amounts payable and regulation 16 provides that capital over £1,000 is offset against the amount of a budgeting advance which would otherwise be awarded. Regulations 17 and 18 respectively make similar provision for budgeting advances to those in regulations 8 and 9.

Part 4 makes consequential amendments, revocations and savings. Regulation 19(1) revokes Part II of the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988 (“the POR Regulations”) under which payments on account are currently made and also makes consequential revocations. Regulation 19(2) saves those provisions so that they continue to apply for applications made before these Regulations come into operation and to payments on account made pursuant to such applications.

Regulation 20(1) makes consequential amendments to Schedule 1 to the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 to remove reference to decisions under Part II of the POR Regulations and provide that there will be no right of appeal against a decision made under these Regulations except where it relates to bringing payments into account under regulation 10. There is a saving in regulation 20(2) in respect of decisions relating to applications for interim payments to which regulation 19(2) applies.

An impact assessment has not been produced for this Rule as no impact on the private or voluntary sector is foreseen.