The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2021

Amendment of the Jobseeker’s Allowance Regulations

3.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(1) are amended in accordance with paragraphs (2) to (8).

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

(a) in the appropriate places insert—

““child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;”;

““Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;”;

(b) in the definition of “qualifying person”(2), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(3) In regulation 105(10A) (notional income), after sub-paragraph (ab)(3) insert—

“(ac) a child abuse payment;

(ad) a Windrush payment;”.

(4) In regulation 110(10) (income treated as capital), after sub-paragraph (ab)(4) insert—

“(ac) which is a child abuse payment;

(ad) which is a Windrush payment; or”.

(5) In regulation 113(3B)(5) (notional capital), for “a payment of capital which is a Grenfell Tower payment” substitute—

““any of the following payments of capital—

(a) a Grenfell Tower payment;

(b) a child abuse payment;

(c) a Windrush payment”.”

(6) In paragraph 17(8)(b) (non-dependant deductions)(6) of Schedule 2 (housing costs), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(7) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 22(2)(7), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b) in paragraph 41—

(i) for sub-paragraph (1A)(8) substitute—

“(1A) Any—

(a) Grenfell Tower payment;

(b) child abuse payment;

(c) Windrush payment.”;

(c) in sub-paragraphs (2) to (6)(9), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(8) In Schedule 7 (capital to be disregarded)—

(a) in paragraph 27—

(i) in sub-paragraph (1A)(10) after “Grenfell Tower payment” insert “, child abuse payment, Windrush payment”;

(ii) in sub-paragraphs (2) to (6)(11), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b) in paragraph 31(12), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(1)

S.R. 1996 No. 198; relevant amending Rules are S.R. 2004 No. 213, S.R. 2005 Nos. 536 and 550, S.R. 2008 No. 428, S.R. 2010 No. 69, S.R. 2011 No. 357, S.R. 2017 Nos. 205 and 219 and S.R. 2020 No. 108

(2)

The definition of “qualifying person” was amended by regulation 2(a) of S.R. 2004 No. 213, regulation 4(2)(b) of S.R. 2005 No. 550, regulation 4(3)(a) of S.R. 2010 No. 69, regulation 10(2)(b) of S.R. 2011 No. 357, regulation 3(2)(b) of S.R. 2017 No. 205, regulation 3(2)(c) of S.R. 2017 No. 219 and regulation 3(2)(b) of S.R. 2020 No. 108

(3)

Sub-paragraph (ab) was inserted by regulation 3(3)(b) of S.R. 2020 No. 108

(4)

Sub-paragraph (ab) was inserted by regulation 3(4)(a) of S.R. 2020 No. 108

(5)

Regulation 113(3B) was inserted by regulation 3(5)(c) of S.R. 2020 No. 108

(6)

Paragraph 17(8)(b) was amended by regulation 3(10)(a) of S.R. 2020 No. 108

(7)

Paragraph 22(2) was amended by regulation 4(5)(f) of S.R. 2008 No. 428, regulation 4(3)(f) of S.R. 2010 No. 69, regulation 3(3)(e) of S.R. 2017 No. 205, regulations 3(3)(e) and 10(7)(e) of S.R. 2017 No. 219 and regulation 3(11)(a) of S.R. 2020 No. 108

(8)

Sub-paragraph (1A) was inserted by regulation 3(11)(b)(ii) of S.R. 2020 No. 108

(9)

Sub-paragraphs (2) to (5) were amended by Article 2(3) and paragraph 23(12)(b) of Schedule 3 to S.R. 2005 No. 536, regulation 4(8)(e) of S.R. 2010 No. 69 and regulation 3(11)(b)(iii) of S.R. 2020 No. 108. Sub-paragraph (6) was amended by regulation 3(11)(b)(iv) of S.R. 2020 No. 108

(10)

Sub-paragraph (1A) was inserted by regulation 3(12)(a)(ii)

(11)

Sub-paragraphs (2) to (5) were amended by Article 2(3) and paragraph 23(13)(c) of Schedule 3 to S.R. 2005 No. 536, regulation 4(8)(f) of S.R. 2010 No. 69 and regulation 3(12)(a)(iii) of S.R. 2020 No. 108. Sub-paragraph (6) was amended by regulation 3(12)(a)(iv) of S.R. 2020 No. 108

(12)

Paragraph 31 was amended by regulation 3(12)(b) of S.R. 2020 No. 108