The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

This Rule amends various social security Regulations to ensure payments pursuant to the Ministry of Defence’s Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme (“the Scheme”) are to be disregarded indefinitely as capital and income for the purposes of calculating entitlement to income-related social security benefit.

Regulations 2, 3, 5, 6, 7, 8 and 10 amend respectively the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, the State Pension Credit Regulations (Northern Ireland) 2003, the Housing Benefit Regulations (Northern Ireland) 2006, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006, the Employment and Support Allowance Regulations (Northern Ireland) 2008 and the Universal Credit Regulations (Northern Ireland) 2016.

Regulation 4 and 9 amend respectively the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997 and the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008 to exempt payments under the Scheme from compensation recovery pursuant to the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997.

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 requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.