The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008

Amendment of the Housing Benefit Regulations N.I.

5.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(1) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “concessionary payment” for “under the Act” substitute “under the benefit Acts or the Tax Credits Act”; and

(b) for the definition of “war widower’s pension” substitute—

““war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003;

“war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension;

“war widow’s pension” means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;

“war widower’s pension” means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;”.

(3) In regulation 25(11)(d)(vi) (treatment of child care charges) for “under a war pension scheme or” substitute “paid as part of a war disablement pension or under”.

(4) In regulation 50(1) (interpretation) in the definition of “access funds” in sub-paragraph (e) for “National Assembly for Wales” substitute “Welsh Ministers”.

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

(a) in paragraph 15—

(i) in sub-paragraph (c) omit “the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 or the Pensions and Yeomanry Pay Act 1884 or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and”, and

(ii) in sub-paragraph (d) at the end add “and, if the amount of that payment has been abated by a payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005, an amount of the pension payable under either of those schemes equal to the amount of that abatement”;

(b) in paragraph 26(1)—

(i) in head (c) for “section 51” substitute “section 51A”, and

(ii) omit head (d);

(c) omit paragraphs 40 and 45;

(d) in paragraph 46(1)(2) for “or 10” substitute “or 11”;

(e) for paragraph 47 substitute—

“47.   Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to Article 13 of the Social Security (Northern Ireland) Order 1988(3) in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins).”; and

(f) for paragraphs 54 and 55 substitute—

“54.— (1) If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Act, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of that Act, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

(2) If the claimant is in receipt of any pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

55.   Any supplementary pension under Article 23(2) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.”.

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

(a) for paragraph 40 substitute—

“40.   Any arrears of supplementary pension which is disregarded under paragraph 55 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 55 or 56 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.”;

(b) in paragraph 41(1)(4) for “or 10” substitute “or 11”;

(c) for paragraph 42 substitute—

“42.   Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to Article 13 of the Social Security (Northern Ireland) Order 1988 (in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.”;

(d) in paragraph 53 omit “within the meaning of section 25 of the Social Security Act 1989”.

Commencement Information

I1 Reg. 5 in operation at 5.1.2009, see reg. 1(1)

(1)

S.R. 2006 No. 405; relevant amending Regulation is S.R. 2008 No. 179

(2)

Sub-paragraph (1) was amended by regulation 3(10)(b) of S.R. 2008 No. 179

(3)

S.I. 1988/594 (N.I. 2); Article 13 was substituted by Article 3 of the Food Benefit Schemes (Northern Ireland) Order (S.I 2003/3202 (N.I. 19))

(4)

Sub-paragraph (1) was amended by regulation 3(11) of S.R. 2008 No. 179