The Covid-19 Heating Payment Scheme (Amendment) Regulations (Northern Ireland) 2021

Statutory Rules of Northern Ireland

2021 No. 45

Financial Assistance

The Covid-19 Heating Payment Scheme (Amendment) Regulations (Northern Ireland) 2021

Made

26th February 2021

Coming into operation

4th March 2021

The First Minister and deputy First Minister, acting jointly, made on 3rd December 2020 a determination under section 1(1) of the Financial Assistance Act (Northern Ireland) 2009(1); and, acting jointly, they have designated the Department for Communities(2) as the relevant department under section 1(3)(a) of that Act.

Accordingly, the Department for Communities makes the following Regulations in exercise of the powers conferred by sections 1(2) and 3(1)(a), (d) and (e) of that Act.

In accordance with section 1(4) of that Act, the Executive Office(3) approves the making of these Regulations.

Citation and commencement

1.  These Regulations may be cited as the Covid-19 Heating Payment Scheme (Amendment) Regulations (Northern Ireland) 2021 and shall come into operation on 4th March 2021.

Amendment to the Covid-19 Heating Payment Scheme Regulations

2.—(1) The Covid-19 Heating Payment Scheme Regulations (Northern Ireland) 2021(4) are amended in accordance with paragraphs (2) to (4).

(2) In paragraph 1(2) of the Schedule (citation and interpretation)—

(a) after the definition of “the 1992 Act” insert—

““the 2006 Order” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(5);”;

(b) after the definition of “a Covid-19 heating payment” insert—

““armed forces independence payment” means armed forces independence payment under Article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(6);”;

(c) after the definition of “care home” insert—

““constant attendance allowance under the 1992 Act” means an increase of disablement pension under section 104 of the 1992 Act;

“constant attendance allowance under the 2006 Order” means an allowance under Article 8(4) or (5) of the 2006 Order;”;

(d) after the definition of “income support” insert—

““industrial injuries disablement benefit” means industrial injuries disablement benefit under section 94 of the 1992 Act;”; and

(e) after the definition of “universal credit” insert—

“;

“war pensions mobility supplement” means mobility supplement under Article 20 of the 2006 Order.”.

(3) In paragraph 2(1) of the Schedule (eligibility), after head (d) add—

“; or

(e)

constant attendance allowance under the 1992 Act (payable at an amount above the rate specified in paragraph 2(a) of Part V of Schedule 4 to the 1992 Act); or

(f)

constant attendance allowance under the 2006 Order (payable at the rate specified in paragraph 1(a)(iii) or (iv) of Part IV of Schedule 1 to the 2006 Order); or

(g)

war pensions mobility supplement; or

(h)

armed forces independence payment”.

(4) In paragraph 4 of the Schedule (delayed payment) —

(a) in subparagraph (1), for “15th February 2021” substitute “15th April 2021”.

(b) in subparagraph (2)(a) after “(for personal independence payment claimants)” insert—

“or 02890 823318 (for industrial injuries disablement benefit claimants who are also in receipt of constant attendance allowance) or by email to [e-mail] (for war pension claimants who are also in receipt of constant attendance allowance, for war pensions mobility supplement claimants or armed forces independence payment claimants)”.

(c) in subparagraph (2)(b), for “30th April 2021” substitute “30th June 2021”.

Sealed with the Official Seal of the Department for Communities on 26th February 2021

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

The Executive Office approves these Regulations.

Sealed with the Official Seal of the Executive Office on 26th February 2021

(L.S.)

Neill Jackson

A senior officer of the Executive Office

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Covid-19 Heating Payment Scheme Regulations (Northern Ireland) 2021 (S.R. 2021 No. 1).

Regulation 2 provides that the eligibility for the scheme is extended to include persons in receipt of constant attendance allowance (payable alongside either industrial injuries disablement benefit or war pensions), war pensions mobility supplement or armed forces independence payment.

Regulation 2 also provides that the date for accepting applications, from persons eligible for a payment but who do not receive the payment automatically, is extended to 30th June 2021.

This Scheme applies to Northern Ireland only.

A regulatory impact assessment has not been produced for the Regulations as they have no impact on the costs of business.

(1)

2009 c. 2 (N.I.)

(2)

Formerly the Department for Social Development; see section 1(7) and (11) of, and Schedule 1 to, the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.))

(3)

Formerly the Office of the First Minister and deputy First Minister; see section 1(1) and (11) of, and Schedule 1 to, the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.))

(4)

S.R. 2021 No. 1

(5)

S.I. 2006/606; the relevant amending regulation is S.I. 2009/706

(6)

S.I. 2011/517; the relevant amending regulations are S.I. 2013/436, S.I. 2017/247 and S.I. 2020/213