EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987 (the “IS Regulations”), the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (the “JSA Regulations”), the State Pension Credit Regulations (Northern Ireland) 2003 (the “SPC Regulations”), the Housing Benefit Regulations (Northern Ireland) 2006 (the “HB Regulations”), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (the “HB (SPC) Regulations”) and the Employment and Support Allowance Regulations (Northern Ireland) 2008 (the “ESA Regulations”).
The Regulations set out above, currently provide for arrears, or a payment to compensate for arrears, to be disregarded when determining entitlement to an award of benefit for 52 weeks from the date of receipt. In the case of payments of £5000 or more that are paid as a result of official error, these are disregarded for longer. In the case of the IS, JSA, HB and ESA Regulations, the payment is disregarded for 52 weeks or for the remainder of the award, whichever is the longer. In the case of the SPC and HB (SPC) Regulations, the payment is disregarded until the award comes to an end.
The amendments made by these Regulations provide for the longer disregard to apply also to arrears or a payment to compensate for arrears, of £5,000 or more paid as a result of an error of law.
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.