The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend a number of different regulations relating to social security.

Regulations 2, 7, 8 and 15 amend the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976, the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992, the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 and the Personal Independence Payment Regulations (Northern Ireland) 2016 respectively to exempt those who have been granted refugee status or humanitarian protection and their dependants from the past presence test, which normally has to be fulfilled in order to claim carer’s allowance, attendance allowance, disability living allowance and personal independence payment respectively. The past presence test requires that an individual has been present in Northern Ireland for a specified period of time to be eligible for the relevant benefits.

Regulation 3 amends the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 to insert personal independence payment in the list of personal benefits which are required to be adjusted by reference to other benefits payable in the same period.

Regulations 4 and 6(2) amend the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979 and the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (“the Claims and Payments Regulations”) respectively to make technical changes as a result of the increase to state pension age. State pension age for men and women will be increased above 65 from 2019. This will affect people reaching age 65 on or after 6th December 2018. As a result of the increase, the maximum age for entitlement to widow’s pension will also be increased above age 65 from 2019.

Regulations 5, 9, 10(3), 12(3) and 13 amend the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 and the Employment and Support Allowance Regulations (Northern Ireland) 2008 respectively to change the way in which notional income is calculated as a result of individuals being able to access their pension savings more flexibly. The amendments provide that the amount of income foregone is to be the rate of the annuity which may have been purchased with the pension fund and set out how that amount should be determined.

Regulations 6(3) and (4), 11, 12(4) and 16 amend the Claims and Payments Regulations, the Housing Benefit Regulations (Northern Ireland) 2006 and the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016 respectively to include provision of evidence and information in relation to pension funds where the pension has not been fully drawn upon, in the requirements on pension fund holders.

Regulations 10(2) and 12(2) amend the State Pension Credit Regulations (Northern Ireland) 2003 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 respectively to provide that deductions from retirement pension income specified under section 16(1)(za) to (e) of the State Pension Credit Act (Northern Ireland) 2002 are ignored in the calculation of a person’s income, apart from deductions as a result of a pension sharing order.

Regulation 14 amends regulation 35 of the State Pension Regulations (Northern Ireland) 2015, which sets out the circumstances in which a person in receipt of child benefit and who is therefore awarded a National Insurance contribution credit (“credit”) for a particular week, may transfer that weekly credit to a specified adult (usually a relative) who also provides care in that week for a child (or children) in respect of whom the child benefit is paid, to provide how to determine which of the specified adults may receive the credit where more than one specified adult cares for a child in a particular week.

Regulation 17 amends the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance, Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 to provide clarity on the application of the Interpretation Act (Northern Ireland) 1954 and to correct a drafting error in relation to the time limit for making a late application for reconsideration of a decision made about a benefit claim or award.

Regulation 18 makes a consequential revocation to the Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations (Northern Ireland) 2001.

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.