The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2000

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2000 and shall, subject to paragraph (2), come into operation—

(a) for the purpose of this regulation on 1st April 2000;

(b) for the purposes of regulations 4(4), 5, 7 and 8—

(i) in a case where rent is payable at intervals of a whole number of weeks, on 3rd April 2000, and

(ii) in any other case, on 1st April 2000;

(c) for the purposes of the remainder of these Regulations, on 3rd April 2000.

(2) Regulation 8 shall come into operation immediately before the coming into operation of regulation 8 of the Housing Benefit (General) (Amendment No. 3) Regulations (Northern Ireland) 1999(1).

(3) In these Regulations—

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(2);

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(3);

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(4).

(4) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Assembly.

Remunerative work

2.  In the Income Support Regulations—

(a) in regulation 5(6)(6) (persons treated as engaged in remunerative work) for “paragraph (a) to (j) of regulation 6” there shall be substituted “regulation 6(1)”;

(b) in regulation 6(7) (persons not treated as engaged in remunerative work)—

(i) sub-paragraphs (a) and (e) to (g) in paragraph (1)(8) shall be omitted;

(ii) in paragraph (1)(i)(9) for “paragraph 2(6) of Schedule 8 to the Social Security (Northern Ireland) Order 1989; or” there shall be substituted “section 167F(2) of the Contributions and Benefits Act(10); or”;

(iii) after paragraph (3)(11) there shall be added the following paragraph—

“(4) The following persons shall not be treated as engaged in remunerative work—

(a) a person who is mentally or physically disabled and by reason of that disability—

(i) his earnings are reduced to 75 per cent. or less of what a person without that disability and working the same number of hours would reasonably be expected to earn in that employment or in comparable employment in the area, or

(ii) his number of hours of work are 75 per cent. or less of what a person without that disability would reasonably be expected to undertake in that employment or in comparable employment in the area;

(b) subject to regulation 5(4) and (5) (persons treated as engaged in remunerative work), a person to whom section 125 of the Contributions and Benefits Act (trade disputes) applies or in respect of whom section 123(1) of that Act (conditions of entitlement to income support) has effect as modified by section 126(b) of that Act (effect of return to work);

(c) a person to whom paragraph 4 of Schedule 1B (prescribed categories of person) applies;

(d) a person who is in employment and who lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation, and either—

(i) his, or his partner’s applicable amount falls to be calculated in accordance with Part I of Schedule 4 (applicable amounts of persons in residential care and nursing homes) or, as the case may be, paragraph 9, 10 to 10C, 13, 14, or 16 of Schedule 7 (applicable amounts in special cases), or

(ii) he or his partner satisfies the conditions specified in paragraph 2A(2) of Part I of Schedule 2 (conditions for entitlement to a residential allowance).”;

(c) in the definition of “part-time employment” in both regulation 29(4D)(a) (calculation of earnings derived from employed earner’s employment) and regulation 35(3)(c)(12) (earnings of employed earners) after “6(1)” there shall be inserted “and (4)”;

(d) in Schedule 1B(13) (prescribed categories of person)—

(i) in paragraph 8 for “regulation 6(1)(a)” there shall be substituted “regulation 6(4)(a)”;

(ii) in paragraph 9 for “regulation 6(1)(g)” there shall be substituted “regulation 6(4)(d)”.

Date on which income is treated as paid

3.—(1) In regulation 31 of the Income Support Regulations (date on which income is treated as paid)—

(a) in paragraph (1), after “paragraph (2)” there shall be inserted “or (3)”;

(b) at the end there shall be added the following paragraph—

“(3) Working families' tax credit under section 127 of the Contributions and Benefits Act and disabled person’s tax credit under section 128 of that Act(14) shall be treated as paid on the first day of the benefit week on which the Tuesday following the day on which the award of that tax credit commenced falls.”.

(2) In regulation 96 of the Jobseeker’s Allowance Regulations (date on which income is treated as paid)—

(a) in paragraph (1), after “paragraph (2)” there shall be inserted “or (3)”;

(b) at the end there shall be added the following paragraph—

“(3) Working families' tax credit under section 127 of the Benefits Act and disabled person’s tax credit under section 128 of that Act shall be treated as paid on the first day of the benefit week on which the Tuesday following the day on which the award of that tax credit commenced falls.”.

Invalid care allowance

4.—(1) In paragraph 4(b) of Schedule 1B to the Income Support Regulations (prescribed categories of persons: persons caring for another person) for “who is in receipt of” there shall be substituted “who is both entitled to, and in receipt of,”.

(2) In Schedule 2 to the Income Support Regulations (applicable amounts)—

(a) in paragraph 13 (severe disability premium)—

(i) for sub-paragraph (2)(a)(iii)(15) there shall be substituted the following sub-head—

“(iii) no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Contributions and Benefits Act in respect of caring for him;”;

(ii) in sub-paragraph 2(b)—

(aa) at the beginning for “where he” there shall be substituted “in the case of a claimant who”;

(bb) for the words from “an invalid care allowance” to “to anyone” there shall be substituted “a person is entitled to, and in receipt of, an invalid care allowance in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to, and in receipt of, such an allowance”;

(iii) in sub-paragraph (3A)(16)—

(aa) “as being in receipt of” shall be omitted;

(bb) at the beginning of head (a)(17) there shall be inserted “as being in receipt of”;

(cc) for head (b) there shall be substituted the following head—

“(b) as being entitled to and in receipt of an invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.”;

(b) in paragraph 14ZA(18) (carer premium)—

(i) in sub-paragraph (1)(19) for “in receipt of an invalid care allowance under section 37 of the principal Act” there shall be substituted “entitled to an invalid care allowance under section 70 of the Contributions and Benefits Act”;

(ii) in sub-paragraph (2)(20) for “in receipt of” in the last place where those words occur there shall be substituted “entitled to”;

(iii) for sub-paragraphs (3) and (4)(21) there shall be substituted the following sub-paragraphs—

“(3) Where a carer premium is awarded but the person in respect of whom it has been awarded ceases to be entitled to an invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which—

(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in head (b) of that sub-paragraph;

(b) in any other case, that person ceased to be entitled to an invalid care allowance.

(4) Where a person who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for income support, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which—

(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in head (b) of that sub-paragraph;

(b) in any other case, that person was last entitled to an invalid care allowance.”.

(3) In Schedule 1 to the Jobseeker’s Allowance Regulations (applicable amounts)—

(a) in paragraph 15 (severe disability premium)—

(i) for sub-paragraph (1)(c) there shall be substituted the following—

“(c) no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Benefits Act in respect of caring for him;”;

(ii) in sub-paragraph (2)(d)—

(aa) in sub-head (i) for the words from the beginning to “engaged in” there shall be substituted “no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Benefits Act in respect of”;

(bb) in sub-head (ii) for “in receipt of” there shall be substituted “entitled to”;

(iii) in sub-paragraph (5)—

(aa) “as being in receipt of” shall be omitted;

(bb) at the beginning of head (a) there shall be inserted “as being in receipt of”;

(cc) for head (b) there shall be substituted the following head—

“(b) as being entitled to and in receipt of an invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.”;

(b) in paragraph 17 (carer premium)—

(i) in sub-paragraph (1) for “in receipt of” there shall be substituted “entitled to an”;

(ii) in sub-paragraph (2) for “in receipt of” in the first place where those words occur there shall be substituted “entitled to”;

(iii) for sub-paragraphs (3) and (4) there shall be substituted the following sub-paragraphs—

“(3) Where a carer premium is awarded but the person in respect of whom it has been awarded ceases to be entitled to an invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which—

(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in head (c) of that sub-paragraph;

(b) in any other case, that person ceased to be entitled to an invalid care allowance.

(4) Where a person who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for a jobseeker’s allowance, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which—

(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in head (c) of that sub-paragraph;

(b) in any other case, that person was last entitled to an invalid care allowance.”.

(4) In Schedule 2 to the Housing Benefit Regulations (applicable amounts)—

(a) in paragraph 13 (severe disability premium)—

(i) for sub-paragraph (2)(a)(iii)(22) there shall be substituted the following sub-head—

“(iii) no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Contributions and Benefits Act in respect of caring for him;”;

(ii) in sub-paragraph 2(b) for the words from “an invalid care allowance” to “to anyone” there shall be substituted “a person is entitled to and in receipt of an invalid care allowance in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to and in receipt of such an allowance”;

(iii) in sub-paragraph (3A)(23)—

(aa) “as being in receipt of” shall be omitted;

(bb) at the beginning of head (a) there shall be inserted “as being in receipt of”;

(cc) for head (b) there shall be substituted the following head—

“(b) as being entitled to and in receipt of an invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.”;

(b) in paragraph 14ZA(24) (carer premium)—

(i) in sub-paragraph (1) for “in receipt of an invalid care allowance under section 37 of the principal Act” there shall be substituted “entitled to an invalid care allowance under section 70 of the Contributions and Benefits Act”;

(ii) in sub-paragraph (2)(25) for “in receipt of” in the last place where those words occur there shall be substituted “entitled to”;

(iii) for sub-paragraphs (3) and (4)(26) there shall be substituted the following sub-paragraphs—

“(3) Where a carer premium is awarded but the person in respect of whom it has been awarded ceases to be entitled to an invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which—

(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in head (b) of that sub-paragraph;

(b) in any other case, that person ceased to be entitled to an invalid care allowance.

(4) Where a person who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for housing benefit, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which—

(a) where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in head (b) of that sub-paragraph;

(b) in any other case, that person was last entitled to an invalid care allowance.”.

Child care charges

5.  In regulation 21A(2ZC) of the Housing Benefit Regulations(27) (treatment of child care charges)—

(a) after sub-paragraph (c) “or” shall be omitted;

(b) after sub-paragraph (d) there shall be added the following—

“, or

(e) by a child care provider approved by an organisation accredited by the Secretary of State under the scheme established by the Tax Credit (New Category of Child Care Provider) Regulations 1999(28).”.

Claimants entitled to the disability premium for a past period

6.  In column (1) in paragraph 17(a) of Schedule 7 to the Income Support Regulations (applicable amounts in special cases: claimants entitled to the disability premium for a past period) for “19(2)” there shall be substituted “19(4)”.

Amendment of the Housing Benefit Regulations

7.  In Schedule 1 to the Housing Benefit Regulations in paragraph (a) of the definition of “supported accommodation”(29) in paragraph 7 after “the Executive,” there shall be inserted “a Health and Social Services Board or HSS trust,”.

Amendment of the Housing Benefit (General) (Amendment No. 3) Regulations

8.  In regulation 8 of the Housing Benefit (General) (Amendment No. 3) Regulations (Northern Ireland) 1999 in so far as it inserts paragraph 2(d)(ii) of Schedule 1C (service charges for claimants in supported accommodation) into the Housing Benefit Regulations for the words from “and that warden” to the end of that paragraph there shall be substituted “which it is the practise of the landlord to let for occupation by such persons”.

Revocations

9.  The following provisions shall be revoked—

(a) paragraph 4(5)(30) and (6) of Schedule 8 and paragraph 12 of Schedule 9 to the Income Support Regulations;

(b) paragraph 5(5) and (6) of Schedule 5 to the Jobseeker’s Allowance Regulations;

(c) paragraph 3(5) and (6) of Schedule 3 to the Housing Benefit Regulations.

Sealed with the Official Seal of the Department for Social Development on 10th March 2000.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulations 4(4), 5 and 9(c) of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 10th March 2000.

L.S.

Brian Delaney

Senior Officer of the

Department of Finance and Personnel