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Statutory Rules of Northern Ireland

2016 No. 253

Welfare

The Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016

Made

29th June 2016

Coming into operation

20th July 2016

The Department for Communities makes the following Regulations in exercise of the powers conferred on it by Article 137 of the Welfare Reform (Northern Ireland) Order 2015 M1 and now vested in it M2.

In accordance with Article 137(5) of that Order, a draft of these Regulations has been laid before and approved by a resolution of the Assembly.

Marginal Citations

M2See Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))

PART 1 N.I.Introduction

Citation and commencementN.I.

1.—(1) These Regulations may be cited as the Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016.

(2) These Regulations come into operation on 20th July 2016.

InterpretationN.I.

2.—(1) In these Regulations—

“the 1998 Order” means the Social Security (Northern Ireland) Order 1998 M3,

[F1“the administrative period” means the period beginning on 31st March 2020 and ending on the day the Welfare Supplementary Payment (Extension) Regulations (Northern Ireland) 2022 are made,]

“award” in relation to disability living allowance, means the award having effect immediately prior to its termination under regulation 17(1) of the Transitional Provisions Regulations M4,

“caree” means a person being cared for on the transition date,

[F2“couple” has the same meaning as in Article 45 of the Welfare Reform (Northern Ireland) Order 2015,”.]

“disability living allowance” means disability living allowance under section 71 of the Contributions and Benefits Act M5,

“transitional assessment determination” means the determination, under regulation 4 of the Personal Independence Payment Regulations (Northern Ireland) 2016 M6 of a claim for personal independence payment made by a transfer claimant,

“transfer claimant” has the same meaning as in the Transitional Provisions Regulations,

“the Transitional Provisions Regulations” means the Personal Independence Payment (Transitional Provisions) Regulations (Northern Ireland) 2016.

(2) The transition date is the date on which—

(a)the Department sends a notification to the caree, in accordance with regulation 3(1) of the Transitional Provisions Regulations, inviting the caree to make a claim for personal independence payment, or

(b)the caree makes a claim for personal independence payment in accordance with regulation 4 of the Transitional Provisions Regulations.

[F3(3) Where the date mentioned in regulation 7(1), 11(1), 15(1) or 19(1) is in the administrative period, that provision’s requirement that welfare supplementary payment must cease to be paid from that date is to be read as a requirement that welfare supplementary payment must not be paid for times on or after that date.

(4) Where the expiry mentioned in regulation 21B(2) or 22(1) occurs in the administrative period, that provision’s requirement that welfare supplementary payment must cease to be paid at that expiry is to be read as a requirement that welfare supplementary payment must not be paid for times after that expiry.]

Textual Amendments

Marginal Citations

Welfare supplementary paymentsN.I.

3.—(1) Welfare supplementary payment is payable in accordance with these Regulations.

(2) Welfare supplementary payment is payable on transition of a caree from disability living allowance to personal independence payment under—

(a)Part 2 (as a result of loss of carer's allowance),

(b)Part 3 (as a result of loss of carer premium),

(c)Part 4 (as a result of loss of income support for carers),

(d)Part 5 (as a result of loss of additional amount in respect of carers under state pension credit).

(3) But a person is not entitled to more than one welfare supplementary payment under these Regulations at a time.

[F4(4) If a person satisfies the criteria for entitlement to welfare supplementary payment under both Part 2 and Part 3, then only entitlement under Part 3 is to be applied.

(5) If a person satisfies the criteria for entitlement to welfare supplementary payment under Part 2, Part 3 and Part 4, then only entitlement under Part 4 is to be applied.

(6) If a person satisfies the criteria for entitlement to welfare supplementary payment under Part 5 and any other Part, then only entitlement under Part 5 is to be applied.]

Textual Amendments

PART 2N.I.Welfare Supplementary Payment as a result of loss of Carer's Allowance on caree's transition from Disability Living Allowance to Personal Independence Payment

EligibilityN.I.

4.—(1) A person is entitled to welfare supplementary payment under this Part if the following conditions are met—

(a)the carer's allowance entitlement condition,

(b)the PIP daily living component refusal condition, and

(c)the termination of carer's allowance condition.

(2) The carer's allowance entitlement condition is that a person is in receipt of carer's allowance under section 70 of the Contributions and Benefits Act M7, in respect of a caree, on the transition date.

(3) The PIP daily living component refusal condition is that following a transitional assessment determination the caree is not awarded the daily living component of personal independence payment.

(4) The termination of carer's allowance condition is that, in consequence of the PIP daily living component refusal condition, the decision of the Department to award carer's allowance is superseded by a decision of the Department to not award carer's allowance.

Marginal Citations

M7Section 70 was amended by regulations 2(2) and 3 of S.R. 2002 No. 321, regulation 2(3) of S.R. 2011 No. 356 and is amended by regulation 5(2) of S.R. 2016 No. 228

AmountN.I.

5.—(1) Where a person is entitled to a contributory benefit, the amount of welfare supplementary payment payable is given by the formula—

where —

WSP is welfare supplementary payment,

CA is the carer's allowance payable to the person on the date entitlement to the allowance is lost, and

CB is the amount of contributory benefit payable to the person.

(2) Where the contributory benefit is greater than the carer's allowance, then no welfare supplementary payment is payable.

(3) Where a person is not entitled to contributory benefit, the amount of welfare supplementary payment payable is given by the formula—

where —

WSP is welfare supplementary payment, and

CA is the carer's allowance payable to the person on the date entitlement to the allowance is lost.

(4) In this regulation contributory benefit means—

(a)contributory benefit within the meaning of Part 2 of the Contributions and Benefits Act,

(b)employment and support allowance under section 1(2)(a) of the Welfare Reform Act (Northern Ireland) 2007 M8, or

(c)a contribution-based jobseeker's allowance within the meaning of Article 3 of the Jobseekers (Northern Ireland) Order 1995 M9.

Marginal Citations

M9S.I. 1995/2705 (N.I. 15); Article 3 was amended by paragraph 3 of Schedule 7 to S.I. 1999/3147 (N.I. 11), paragraph 131 of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and paragraph 6(3) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))

[F5Change in the amount of contributory benefitN.I.

5A.—(1) This regulation applies if there is a change in the amount of contributory benefit (within the meaning of regulation 5) that a person is entitled to.

(2) The amount of welfare supplementary payment the person is entitled to must be recalculated in accordance with the provisions set out in regulation 5.

(3) The effective date of the change in the amount of contributory benefit, for the purposes of calculating the person’s entitlement to welfare supplementary payment, is the date on which the change in the person’s award of contributory benefit takes effect.]

Textual Amendments

Period of paymentN.I.

6.—(1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) in arrears.

(2) The period during which welfare supplementary payment is payable commences on the day following the day on which the person's entitlement to carer's allowance terminates.

(3) The period during which welfare supplementary payment is payable ends—

(a)one year after the day on which it commences, or

(b)[F6on 31st March 2025] ,

whichever is first to occur.

F7(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Termination of payment on award of carer's allowanceN.I.

7.—(1) Welfare supplementary payment must cease to be paid to a person from the date the person is entitled to carer's allowance.

(2) The entitlement to carer's allowance must arise out of—

(a)a new claim for carer's allowance,

(b)a revision under Article 10 of the 1998 Order,

(c)a supersession of a previous decision under Article 11 of the 1998 Order M10, or

(d)an appeal under Article 13 of the 1998 Order M11.

Marginal Citations

M10Article 11 was amended by paragraph 17 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999

M11Article 13 was amended by paragraph 19 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671), Article 4(2) of S.I. 2014/886 and Articles 107(2), (3) and (4) and 109(6) of the Welfare Reform (Northern Ireland) Order 2015

PART 3 N.I.Welfare Supplementary Payment as a result of loss of Carer Premium on caree's transition from Disability Living Allowance to Personal Independence Payment

EligibilityN.I.

8.—(1) A person is entitled to welfare supplementary payment under this Part if the following conditions are met—

(a)the carer premium entitlement condition,

(b)the PIP daily living component refusal condition,

(c)the termination of carer's allowance condition, and

(d)the termination of carer premium condition.

(2) The carer premium entitlement condition is that a person is in receipt of carer premium under—

(a)paragraph 17 or paragraph 20J of Schedule 1 to the Jobseekers' Allowance Regulations (Northern Ireland) 1996 M12,

(b)paragraph 8 of Schedule 4 to the Employment and Support Allowance Regulations (Northern Ireland) 2008 M13, or

(c)paragraph 14ZA of Schedule 2 to the Income Support (General) Regulations (Northern Ireland) 1987 M14,

in respect of a caree, on the transition date.

(3) The PIP daily living component refusal condition is that following a transitional assessment determination the caree is not awarded the daily living component of personal independence payment.

(4) The termination of carer's allowance condition is that, in consequence of the PIP daily living component refusal condition, the decision of the Department to award carer's allowance is superseded by a decision of the Department to not award carer's allowance.

(5) The termination of carer premium condition is that, in consequence of the termination of carer's allowance condition, the decision of the Department to award carer premium is superseded by a decision of the Department to not award carer premium.

Marginal Citations

M12S.R. 1996 No. 198; paragraph 17 of Schedule 1 was amended was amended by regulation 4(3)(b)(i) and (iii) of S.R. 2000 No. 74, regulation 3(a) of S.R. 2002 No. 322, regulation 3 of S.R. 2002 No. 323 and regulation 4(3)(a) of S.R. 2003 No. 417; paragraph 20J of Schedule 1 was inserted by paragraph 53(4) of S.R. 2000 No. 350 and amended by regulation 3(b) of S.R. 2002 No. 322, regulation 3 of S.R. 2002 No. 323 and regulation 4(3) of S.R. 2003 No. 417

M14SR 1987 No 459; paragraph 14ZA was inserted by regulation 6(d) of S.R. 1990 No. 346 and amended by regulation 13(d)(i) of S.R. 1991 No. 338, regulation 4(2)(b)(i) of S.R. 2000 No. 74, regulation 2 of S.R. 2002 No. 322, regulation 3 of S.R. 2002 No. 323 and regulation 2(3) of S.R. 2003 No. 417

AmountN.I.

9.—(1) The amount of welfare supplementary payment payable is equal to the amount which was payable to the person under the award of carer premium on the date entitlement to the premium is lost.

(2) If the award of carer premium included an amount of premium in respect of more than one person, the amount of welfare supplementary payment payable is equal to the amount of carer premium lost on the date entitlement to that portion of the premium is lost.

Period of paymentN.I.

10.—(1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) in arrears.

(2) The period during which welfare supplementary payment is payable commences on the day following the day on which the person's entitlement to carer premium terminates.

(3) The period during which welfare supplementary payment is payable ends—

(a)one year after the day on which it commences, or

(b)[F8on 31st March 2025] ,

whichever is first to occur.

F9(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Termination of payment on award of carer premiumN.I.

11.—(1) Welfare supplementary payment must cease to be paid to a person from the date the person is entitled to carer premium.

(2) The entitlement to carer premium must arise out of—

(a)a new award of carer premium,

(b)a revision under Article 10 of the 1998 Order,

(c)a supersession of a previous decision under Article 11 of the 1998 Order, or

(d)an appeal under Article 13 of the 1998 Order.

PART 4 N.I.Welfare Supplementary Payment as a result of loss of Income Support on caree's transition from Disability Living Allowance to Personal Independence Payment

EligibilityN.I.

12.—(1) A person is entitled to welfare supplementary payment under this Part if the following conditions are met—

(a)the income support entitlement condition,

(b)the carer condition,

(c)the PIP daily living component refusal condition, and

(d)the termination of income support condition.

(2) The income support entitlement condition is that the person is in receipt of income support under section 122 of the Contributions and Benefits Act M15 on the transition date.

(3) The carer condition is that entitlement to income support is due to—

(a)falling within a prescribed category of person under regulation 4ZA of the Income Support (General) Regulations (Northern Ireland) 1987 M16,

(b)by virtue of satisfying paragraph 4(b) of Schedule 1B to those Regulations M17 in respect of a caree.

(4) The PIP daily living component refusal condition is that following a transitional assessment determination the caree is not awarded the daily living component of personal independence payment.

(5) The termination of income support condition is that in consequence of the PIP daily living component refusal condition, the decision of the Department to award income support is superseded by a decision of the Department to not award income support.

Marginal Citations

M15Section 122 was amended by paragraph 4(f) of Schedule 1 to the Tax Credits Act 1999 c.10

M16Regulation 4ZA was inserted by regulation 4 of S.R. 1996 No. 199 and amended by regulation 5(2) of S.R. 1997 No. 412, the Schedule of S.R. 2000 No. 241, paragraph 1 of Schedule 1 to S.R. 2005 No. 319 (C. 23), regulation 2 of S.R. 2008 No. 290, regulation 2(3) of S.R. 2009 No. 92, regulation 3(2)(a) of S.R. 2009 No. 418 and regulation 3(2) of S.R. 2013 No. 246

M17Schedule 1B was inserted by regulation 22 of S.R. 1996 No. 199; paragraph 4 was amended by regulation 4(1) of S.R. 2000 No. 74, regulation 3(3) of S.R. 2002 No. 80, paragraph 1(g) of the Schedule to S.R. 2002 No. 323 and regulation 4(2) of S.R. 2011 No. 291

AmountN.I.

13.  The amount of welfare supplementary payment payable is equal to the weekly rate of carer's allowance specified in paragraph 4 of Part 3 of Schedule 4 to the Contributions and Benefits Act M18 on the date entitlement to income support is lost.

Marginal Citations

M18Paragraph 4 of Part III was amended by Article 2(2)(a)(vi) of S.R. 2002 No. 321

Period of paymentN.I.

14.—(1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) in arrears.

(2) The period during which welfare supplementary payment is payable commences on the day following the day on which the person's entitlement to income support terminates.

(3) The period during which welfare supplementary payment is payable ends—

(a)one year after the day on which it commences, or

(b)[F10on 31st March 2025] ,

whichever is first to occur.

F11(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Termination of payment on award of income supportN.I.

15.—(1) Welfare supplementary payment must cease to be paid to a person from the date the person is entitled to income support on the basis that the person's entitlement to income support is due to falling within a prescribed category of person under regulation 4ZA of the Income Support (General) Regulations (Northern Ireland) 1987.

(2) The entitlement to income support must arise out of—

(a)a new claim for income support,

(b)a revision under Article 10 of the 1998 Order,

(c)a supersession of a previous decision under Article 11 of the 1998 Order, or

(d)an appeal under Article 13 of the 1998 Order.

PART 5 N.I.Welfare Supplementary Payment following loss of the Additional Amount (Carer) of State Pension Credit on caree's transition from Disability Living Allowance to Personal Independence Payment

EligibilityN.I.

16.—(1) A person is entitled to welfare supplementary payment under this Part if the following conditions are met—

(a)the additional amount (carer) entitlement condition,

(b)the PIP daily living component refusal condition, and

(c)the termination of additional amount (carer) condition.

(2) The additional amount (carer) entitlement condition is that a person is in receipt of additional amount (carer) in respect of a caree, on the transition date.

(3) In this Part, additional amount (carer) means the additional amount (in respect of the appropriate minimum guarantee) prescribed under regulation 6(6)(a) of the State Pension Credit Regulations (Northern Ireland) 2003 M19, and appropriate minimum guarantee has the same meaning as in section 2(3) of the State Pension Credit Act (Northern Ireland) 2002 M20.

(4) The PIP daily living component refusal condition is that following a transitional assessment determination the caree is not awarded the daily living component of personal independence payment.

(5) The termination of additional amount (carer) condition is that in consequence of the PIP daily living component refusal condition, the decision of the Department to award additional amount (carer) is superseded by a decision of the Department to not award additional amount (carer).

Marginal Citations

AmountN.I.

17.—(1) The amount of welfare supplementary payment payable is equal to the amount which was payable to the person under the award of additional amount (carer) on the date entitlement to additional amount (carer) is lost.

(2) If the award of additional amount (carer) included an amount in respect of more than one person, the amount of welfare supplementary payment payable is equal to the amount of additional amount (carer) lost on the date entitlement to that portion of the additional amount (carer) is lost.

Period of paymentN.I.

18.—(1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) in arrears.

(2) The period during which welfare supplementary payment is payable commences on the day following the day on which the person's entitlement to additional amount (carer) terminates.

(3) The period during which welfare supplementary payment is payable ends—

(a)one year after the day on which it commences, or

(b)[F12on 31st March 2025] ,

whichever is first to occur.

F13(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Termination of payment on award of additional amount (carer)N.I.

19.—(1) Welfare supplementary payment must cease to be paid to a person from the date the person is entitled to additional amount (carer).

(2) The entitlement to additional amount (carer) must arise out of—

(a)a new award of additional amount (carer),

(b)a revision under Article 10 of the 1998 Order,

(c)a supersession of a previous decision under Article 11 of the 1998 Order, or

(d)an appeal under Article 13 of the 1998 Order.

PART 6N.I.General

Termination of welfare supplementary payment if caree ceases to receive welfare supplementary payment for loss of disability living allowanceN.I.

20.—(1) This regulation applies where the caree ceases to be entitled to welfare supplementary payment under the Welfare Supplementary Payment (Loss of Disability Living Allowance) Regulations 2016 M21 (“the DLA Regulations”).

(2) Welfare supplementary payment under these Regulations must cease to be paid from [F14the day after] the first payment of welfare supplementary payment under these Regulations following the date on which the caree ceased to be entitled to welfare supplementary payment under the DLA Regulations.

[F15(2A) Where the date on which the caree ceases to be entitled to welfare supplementary payment under the DLA Regulations is in the administrative period, paragraph (2) has effect as if for “must cease to be paid from the day after the first payment of welfare supplementary payment under these Regulations following” there were substituted “must not be paid for times after”.]

(3) Where further welfare supplementary payment is payable to the caree in accordance with regulation 6(4) of the DLA Regulations (appeal to the Commissioner), then further welfare supplementary payment is payable under Parts 2 to 5 of these Regulations as set out in paragraphs (4) and (5).

(4) The period during which further welfare supplementary payment is payable commences on the day following the day that leave to appeal to the Commissioner is granted as set out in regulation 6(5) of the DLA Regulations.

(5) The period during which [F16further]welfare supplementary payment is payable ends—

(a)after the first payment following the date on which the decision of the Commissioner is received by the Department as set out in regulation 6(6) of the DLA Regulations, or

(b)[F17on 31st March 2025] ,

whichever is first to occur.

[F18(5A) But the period during which further welfare supplementary payment is payable does not include any times in the administrative period.

(5B) Where the date the Commissioner’s decision is received by the Department is in the administrative period, paragraph (5) has effect as if for “after the first payment following” there were substituted “on”.]

(6) Where the caree's entitlement to welfare supplementary payment under Part 2 of the DLA Regulations terminates but then recommences under regulation 14 of the DLA Regulations (eligibility under Part 4 following termination of welfare supplementary payment under Part 2), then paragraph (2) does not apply.

Textual Amendments

Marginal Citations

Termination of welfare supplementary payment if caree no longer entitled to personal independence paymentN.I.

21.—(1) This regulation applies where the caree ceases to be entitled to personal independence payment.

(2) Welfare supplementary payment must cease to be paid from the day after the first payment of welfare supplementary payment following the date on which the caree ceases to be entitled to personal independence payment.

[F19(3) Where the date on which the caree ceases to be entitled to personal independence payment is in the administrative period, paragraph (2) has effect as if for “must cease to be paid from the day after the first payment of welfare supplementary payment following” there were substituted “must not be paid for times after”.]

Textual Amendments

[F20Termination of welfare supplementary payment if caree awarded daily living component of personal independence paymentN.I.

21A.—(1) This regulation applies where the caree is awarded the daily living component of personal independence payment.

(2) Welfare supplementary payment must cease to be paid from the day after the first payment of welfare supplementary payment following the date on which the caree is awarded the daily living component of personal independence payment.]

[F21(3) Where the date on which the caree is awarded that component is in the administrative period, paragraph (2) has effect as if for “must cease to be paid from the day after the first payment of welfare supplementary payment following” there were substituted “must not be paid for times after”.]

Textual Amendments

[F22Couples: termination of welfare supplementary payment on death of carerN.I.

21B.—(1) This regulation applies where—

(a)A and B are a couple,

(b)B is in receipt of welfare supplementary payment by virtue of A providing care for the caree, and

(c)A dies.

(2) Welfare supplementary payment must cease to be paid at the expiry of 8 weeks beginning with the Sunday following the death (or beginning with the date of the death if the death occurred on a Sunday).

(3) The period of payment must not exceed the time limit set out in—

(a)regulation 6(3) F23...,

(b)regulation 10(3) F23...,

(c)regulation 14(3) F23..., or

(d)regulation 18(3) F23....]

Textual Amendments

Termination of welfare supplementary payment on death of careeN.I.

22.—(1) Where the caree dies, welfare supplementary payment must cease to be paid at the expiry of 8 weeks beginning with the Sunday following the death (or beginning with the date of the death if the death occurred on a Sunday).

(2) The period of payment must not exceed the time limit set out in regulation—

(a)regulation 6(3) F24...,

[F25(ab)regulation 10(3) F24...,

(b)regulation 14(3) F24..., or

(c)regulation 18(3) F24....]

Textual Amendments

[F26Persons to whom welfare supplementary payments may be madeN.I.

22A.—(1) A welfare supplementary payment to which a person is entitled under these Regulations must be paid to the person, but this is subject to paragraph (2).

(2) Payment may be made to a person appointed under regulation 33 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987.]

Textual Amendments

[F27Effect of sanctionsN.I.

22B.  For the avoidance of doubt, where a person is subject to a benefit sanction (for example for failure to take part in a work-focused interview), the effect of the sanction is to be disregarded in calculating the amount of welfare supplementary payment payable.]

Textual Amendments

[F28Change in the amount of welfare supplementary payment after person forms a coupleN.I.

22C.—(1) This regulation applies where a person (A) who is entitled to welfare supplementary payment under Part 2 or 4 forms a couple with another person (B).

(2) The amount of welfare supplementary payment to which A is entitled will change if case 1 or case 2 applies, otherwise it will not change solely as a consequence of A forming a couple with B.

(3) Case 1 applies if—

(a)at the time when A forms a couple with B, B is entitled to welfare supplementary payment under Part 3 or 5, and

(b)either A or B are or become entitled to an income-related benefit.

(4) Case 2 applies if B is or becomes entitled to an income-related benefit.

(5) Where case 1 or 2 applies, the amount of welfare supplementary payment to which A is entitled is reduced to the amount of welfare supplementary payment to which A would have been entitled under Part 3 if A had satisfied the conditions for payment on loss of carer premium on transition from disability living allowance to personal independence payment.

(6) In this regulation “income-related benefit” means—

(a)income-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995,

(b)income-related employment and support allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007,

(c)income support under section 122 of the Contributions and Benefits Act,

(d)state pension credit under the State Pension Credit Act (Northern Ireland) 2002.] 

Textual Amendments

[F29Welfare supplementary payment (under Part 3 or 5) where a couple separatesN.I.

22D.—(1) This regulation applies where—

(a)A and B were a couple,

(b)on or after 20 July 2016, A and B ceased to be a couple, and

(c)immediately before that, A was entitled to welfare supplementary payment under regulation 8 or regulation 16.

(2) After they cease to be a couple, only the person by virtue of whom—

(a)the carer premium entitlement condition was satisfied under regulation 8, or

(b)the additional amount (carer) entitlement condition was satisfied under regulation 16,

as the case may be, is entitled to welfare supplementary payment (under the Part to which A was originally entitled to welfare supplementary payment).]

Textual Amendments

[F30Information sharingN.I.

22E.—(1) The Department may supply to the Commissioners for Her Majesty’s Revenue and Customs such information as they may require for the purposes of HMRC functions.

(2) Information supplied under this regulation must not be supplied by the recipient of the information to any other person or body without the authority of the Department.

(3) Where information supplied under this regulation has been used for the purposes for which it was supplied, it is lawful for it to be used for any purposes for which information held for those purposes could reasonably be used.

(4) This regulation does not limit the circumstances in which information may be supplied apart from this regulation.

(5) In this regulation “HMRC functions” means any function—

(a)for which the Commissioners for Her Majesty’s Revenue and Customs are responsible by virtue of section 5 of the Commissioners for Revenue and Customs Act 2005, or

(b)which relates to a matter listed in Schedule 1 to that Act.]

Textual Amendments

ReviewN.I.

23.—(1) The Department must establish procedures for reviewing a person's entitlement to welfare supplementary payment.

(2) The procedures established must—

(a)provide for a review to be carried out on the application of any person, and

(b)provide for the manner of making the application.

(3) The procedures may, in particular, provide for—

(a)the consideration of the applicant's entitlement to welfare supplementary payment by up to three persons nominated by the Department,

(b)the preparation of a report by these persons setting out their conclusions in relation to the applicant's entitlement to welfare supplementary payment and their recommendation as to the manner in which the matter should be finally determined.

DisregardsN.I.

24.  No account must be taken of entitlement to welfare supplementary payment in considering a person's entitlement to benefit under a statutory provision relating to social security (irrespective of the name or nature of the benefit).

Residency and presence in Northern IrelandN.I.

25.  A person is not entitled to welfare supplementary payment unless the person and caree—

(a)are ordinarily resident in Northern Ireland, and

(b)are present in Northern Ireland.

Temporary absence from Northern IrelandN.I.

26.—(1) Subject to regulation 27, where the person or the caree are temporarily absent from Northern Ireland, they are treated as present in Northern Ireland for the purpose of these Regulations for the first 4 weeks of absence.

(2) The person or the caree are temporarily absent from Northern Ireland if, at the beginning of the period of absence, their absence is unlikely to exceed 52 weeks.

Temporary absence from Northern Ireland to receive medical treatmentN.I.

27.—(1) Where the person or the caree are temporarily absent from Northern Ireland, they are treated as present in Northern Ireland for the purposes of these Regulations for the first 13 weeks of that absence, where—

(a)the absence is solely in connection with arrangements made for their medical treatment for a disease or bodily or mental disablement which commenced before they left Northern Ireland; and

(b)the arrangements referred to in sub-paragraph (a) relate to medical treatment—

(i)outside Northern Ireland,

(ii)during the period whilst the person or the caree are temporarily absent from Northern Ireland, and

(iii)by, or under the supervision of, a person appropriately qualified to carry out that treatment.

(2) In this regulation “temporarily absent” has the same meaning as in regulation 26(2).

Care home residentsN.I.

28.—(1) Subject to regulation 31, no welfare supplementary payment is payable in respect of any period during which the person or the caree is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for the person or the caree are borne out of public funds by virtue of any of the statutory provisions referred to in paragraph (2).

(2) The statutory provisions are—

(a)Article 5, 15 or 36 the Health and Personal Social Services (Northern Ireland) Order 1972 M22,

(b)the Mental Health (Northern Ireland) Order 1986 M23,

(c)section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 M24, or

(d)any other statutory provision relating to persons under a disability or to young persons or to education or training except—

(i)Articles 50 and 51 of the Education and Libraries (Northern Ireland) Order 1986 M25,

(ii)Article 30 of the Education and Libraries (Northern Ireland) Order 1993 M26, or

(iii)Article 3 of the Education (Student Support) (Northern Ireland) Order 1998 M27.

(3) Subject to paragraph (4), paragraph (1) does not apply in the case of a person—

(a)who has not attained the age of 18 and to whom—

(i)Article 17(b) of the Children (Northern Ireland) Order 1995 M28 applies because the person's health is likely to be significantly impaired, or further impaired, without the provision of services for the person, or

(ii)Article 17(c) of that Order applies, or

(b)who is accommodated outside the United Kingdom if the costs of any qualifying services are borne wholly or partly by an education authority pursuant to its powers under Article 11 of the Education (Northern Ireland) Order 1996 M29.

(4) Paragraph (3)(a) only applies during any period in which the Regional Health and Social Care Board or the Health and Social Care Trust looking after the person places the person in a private dwelling with a family, or with a relative of the person, or with some other suitable person.

(5) In this regulation—

“care home” and “qualifying services” have the same meaning as in Article 90 of the Welfare Reform (Northern Ireland) Order 2015,

“Health and Social Care trust” means a body as established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 M30, and

“the Regional Health and Social Care Board” means the body established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 M31.

Marginal Citations

M25S.I. 1986/594 (N.I. 3); Article 51 was substituted by Part 2 of Schedule 5 to the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)) and certain functions transferred from the Department of Education by Parts I and II of Schedule 3 to the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481) and for certain purposes functions transferred by Article 7(a) of the Departments (Transfer of Functions) Order (Northern Ireland) 2001 (S.R. 2001 No. 229)

Hospital in-patientsN.I.

29.—(1) Subject to regulation 31, no welfare supplementary payment is payable in respect of any period during which the person or the caree are undergoing medical or other treatment as an in-patient at a hospital or similar institution in circumstances in which any of the costs of the treatment, accommodation and related services provided are borne out of public funds.

(2) For the purposes of paragraph (1) the costs of treatment, accommodation or any related services are borne out of public funds if the person or the caree are undergoing medical or other treatment as an in-patient in—

(a)a hospital or similar institution under the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Personal Social Services (Northern Ireland) Order 1991; or

(b)a hospital or similar institution maintained or administered by the Defence Council.

PrisonersN.I.

30.  Subject to regulation 31, no welfare supplementary payment is payable to a person under these Regulations for a period during which the person or the caree is in prison or detained in legal custody.

Exceptions: care homes, hospitals and prisonsN.I.

31.  Regulation 28(1), 29(1) or, as the case may be, regulation 30 does not apply in respect of the first 28 days of any period during which a person is someone to whom any of those regulations apply.

[F31Change of circumstances: residency, care home, hospital, prisonN.I.

32.—(1) This regulation applies where there is a change of circumstances of a kind set out in regulations 25 to 30 which affects a person’s entitlement to welfare supplementary payment.

(2) Where it is reasonable to expect the person to do so, the person must inform the Department of this change of circumstances.

(3) For the purposes of calculating the person’s entitlement to welfare supplementary payment, the date to be used is the date on which the change of circumstances takes effect.] 

Textual Amendments

Sealed with the Official Seal of the Department for Communities on 29th June 2016

L.S.

Brian Doherty

A senior officer of the

Department for Communities

Explanatory Note

(This note is not part of the Regulations)

These Regulations introduce welfare supplementary payments to mitigate impacts from implementation of the Welfare reform (Northern Ireland) Regulations 2015 as defined in the document “A Fresh Start the Stormont Agreement and Implementation Plan”.

The Regulations provide for making mitigation payments for the loss of entitlement to Income Support, Carer's Allowance and the additional amounts of benefit paid in respect of caring for severely disabled people who are in receipt of Disability Living Allowance and are assessed for Personal Independence Payment.

Part 1 contains definitions and lists the specific benefits for which mitigation payments will be made. It also states that a person will not be entitled to more than one welfare supplementary payment at a time under these Regulations.

Part 2 contains provisions for the award of mitigation payments to Carer's Allowance claimants that lose entitlement to the benefit. In particular it establishes that to be eligible for a mitigation payment a claimant must be in receipt of Carer's Allowance at the date the severely disabled person they are caring for is assessed for Personal Independence Payment. The claimant must also lose entitlement to Carer's Allowance following the decision on entitlement to Personal Independence Payment. This Part also makes provision for calculating the amount of the mitigation payment, for payments to be made every four weeks in arrears for a period of up to one year and the circumstances in which payments will cease.

Part 3 contains provisions for the award of mitigation payments to Jobseeker's Allowance, Income Support and Employment and Support Allowance claimants that lose entitlement to a carer premium. It establishes that to be eligible for a mitigation payment a claimant must be in receipt of a carer premium at the date the severely disabled person they are caring for is assessed for Personal Independence Payment. The claimant must also lose entitlement to the carer premium following the decision on entitlement to Personal Independence Payment. It also establishes the provisions for calculating and making payments and the circumstances in which payments will cease.

Part 4 contains provisions for the award of mitigation payments to Income Support claimants who lose entitlement to the benefit. In particular it establishes that to be eligible for a mitigation payment a claimant must be in receipt of Income Support, which has been awarded on the basis of providing care with an entitlement to Carer's Allowance, at the date the severely disabled person they are caring for is assessed for Personal Independence Payment. It also establishes the eligibility conditions for a mitigation payment and the provisions for calculating and making payments and the circumstances in which payments will cease.

Part 5 contains provisions for the award of mitigation payments to State Pension Credit claimants that lose entitlement to an additional amount in respect of the minimum guarantee for caring. It establishes that to be eligible for a mitigation payment a claimant must be in receipt of an additional amount (carer) at the date the severely disabled person they are caring for is assessed for Personal Independence Payment. The claimant must also lose entitlement to the additional amount (carer) following the decision on entitlement to Personal Independence Payment. It also establishes the provisions for calculating and making payments and the circumstances in which payments will cease.

Part 6 makes provisions for certain miscellaneous matters that will impact welfare supplementary payments under these Regulations. It contains provisions for the termination of mitigation payments including the outcome of an appeal not to award Personal Independence Payment or a subsequent award of Personal Independence Payment to the caree or if the caree dies.

Regulation 23 provides for reviewing a person's entitlement to a welfare supplementary payment.

Regulation 24 ensures entitlement to welfare supplementary payment is to be disregarded in the consideration of entitlement to social security benefits.

Regulation 25 defines entitlement by reference to residency and presence in Northern Ireland of the person or caree.

Regulation 26 allows periods of temporary absence of the person or caree from Northern Ireland to be deemed as presence for 4 weeks provided if at the beginning of the absence period that period was unlikely to exceed 52 weeks.

Regulation 27 allows temporary absence of the person or caree from Northern Ireland to be deemed as presence in Northern Ireland for the first 13 weeks of absence where a person or caree is receiving medical treatment.

Regulation 28 provides that a welfare supplementary payment will not be paid where a person or the caree is a resident in a care home and the costs are being paid out of public funds.

Regulation 29 provides that a welfare supplementary payment will not be paid where a person or the caree is an inpatient in a hospital or a similar institution and the costs are being paid out of public funds.

Regulation 30 provides that a welfare supplementary payment will not be paid where a person or the caree is imprisoned or detained in legal custody.

Regulation 31 provides that in the case of care homes, hospitals and prisons welfare supplementary payments will continue to be paid for the first 28 days before they cease in accordance with Regulations 28, 29 and 30.