Draft Regulations laid before the Assembly under Articles 137(5) and 137A(9) of the Welfare Reform (Northern Ireland) Order 2015, for approval
2022 No. XXXX
The Welfare Supplementary Payment (Amendment) Regulations (Northern Ireland) 2022
Laid before the Assembly in draft
Made
Coming into operation in accordance with regulation 1
The Department for Communities1 makes the following Regulations in exercise of the powers conferred by Article 137 and 137A of the Welfare Reform (Northern Ireland) Order 20152.
In accordance with Article 137(5) and 137A(9) of that Order, a draft of these Regulations has been laid before, and approved by a resolution of, the Assembly.
Citation , commencement and cessation1
1
These Regulations may be cited as the Welfare Supplementary Payment (Amendment) Regulations (Northern Ireland) 2022.
2
They come into operation on the day after the day they are made.
3
They cease to have effect on 31st March 2025.
Non-retrospective effect of provisions2
No provision of these Regulations is to be regarded as having effect at any time before it came into operation.
Amendments to the Welfare Supplementary Payments Regulations (Northern Ireland) 20163
1
The Welfare Supplementary Payments Regulations (Northern Ireland) 20163 are amended in accordance with paragraphs (2) to (5).
2
In regulation 4 (benefit cap) –
a
omit paragraph (2);
b
in paragraph (6), omit the words “commences on the first occasion on which the amount of housing benefit to which the person is entitled is reduced in accordance with regulation 73D of the Housing Benefit Regulations and”;
c
omit paragraph (10).
3
In regulation 4A4 (amount of welfare supplementary payment payable in respect of benefit cap)-
a
for paragraph (2) substitute-
2
Welfare supplementary payment is equal to the amount by which a person’s award of housing benefit is reduced in accordance with regulation 73D of the Housing Benefit Regulations.
b
omit paragraph (3); and
c
after paragraph (2) add -
2A
At times after the revocation of paragraph (3), paragraph (2) has effect in relation to a person even if there is a time before revocation when paragraph (3) had effect to reduce an entitlement under paragraph (2) in the person’s case.
4
In regulation 4D5 (termination of welfare supplementary payment if person ceases to be entitled to housing benefit), omit paragraph (3).
5
In regulation 4H6 (information sharing)-
a
after paragraph (2) insert-
2A
The Department may supply information which relates to the payment and administration of welfare supplementary payments and is held by the Department-
a
to a registered housing association, for use by the association in connection with the management of tenants’ accounts; or
b
to a body which appears to the Department to represent housing associations in Northern Ireland, for use by those associations in that connection.
b
at the end of paragraph (3)(b) insert “or (2A)”
.
Amendments to the Housing Benefit (Welfare Supplementary Payment) Regulations (Northern Ireland) 20174
1
The Housing Benefit (Welfare Supplementary Payment) Regulations (Northern Ireland) 20177 are amended in accordance with paragraphs (2) and (3).
2
In regulation 2 -
a
omit paragraphs (2) to (4); and
b
before paragraph (5) insert-
4A
At times after the revocation of paragraph (2), paragraph (1) has effect in relation to a person even if there is a time before the revocation when paragraph (2) had effect to end an entitlement under paragraph (1) in the person’s case.
3
In regulation 7, omit paragraph (2).
Sealed with the Official Seal of the Department for Communities on XX February 2022
(This note is not part of the Regulations)