The Social Security (Loss of Benefit) (Consequential Amendments) Regulations (Northern Ireland) 2002

Explanatory Note

(This note is not part of the Regulations.)

These Regulations are made in consequence of sections 6 to 12 of the Social Security Fraud Act (Northern Ireland) 2001 (“the Act”) which relate to restrictions in payment of certain benefits where a person has been convicted of one or more benefit offences in each of two separate proceedings and one offence is committed within three years of the conviction for another such offence (“the loss of benefit provisions”).

Regulation 2 amends the Social Security (Credits) Regulations (Northern Ireland) 1975 to ensure that those whose invalid care allowance or jobseeker’s allowance is restricted through the application of the loss of benefit provisions do not lose credits.

Regulation 3 amends the Income Support (General) Regulations (Northern Ireland) 1987 to ensure that those whose invalid care allowance is restricted through the application of the loss of benefit provisions are still treated as carers for the purposes of those Regulations and to ensure that entitlement to the severe disability premium is not affected.

Regulation 4 amends the Housing Benefit (General) Regulations (Northern Ireland) 1987 to ensure that those whose jobseeker’s allowance is restricted through the application of the loss of benefit provisions do not lose their housing benefit as a result and to ensure that entitlement to the severe disability premium is not affected.

Regulation 5 amends the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 to ensure that days where contribution-based jobseeker’s allowance is not payable because of the loss of benefit provisions are treated as days of entitlement to that allowance and to ensure that entitlement to the severe disability premium is not affected.

Regulation 6 makes a consequential amendment to the Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 1996.

Regulations 7 and 8 amend the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 and the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 respectively to ensure that the decision-making and appeals mechanisms apply to decisions to restrict payment of benefit as a result of the loss of benefit provisions.

Regulation 9 amends the Discretionary Financial Assistance Regulations (Northern Ireland) 2001 to provide that discretionary housing payments shall not be made where the requirement for financial assistance arises as a consequence of the application of the loss of benefit provisions.

Section 60(1) and 2(a) of, and paragraphs 3(1) and 4(3) and (5) of Schedule 7 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 are some of the enabling provisions under which these Regulations are made. They came fully into operation on 2nd July 2001 by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 5) Order (Northern Ireland) 2001 (S.R. 2001 No. 141 (C. 8)).

These Regulations are made in consequence of sections 6 to 12 of the Act which come fully into operation on 1st April 2002 by virtue of the Social Security Fraud (2001 Act) (Commencement No. 2) Order (Northern Ireland) 2002 (S.R. 2002 No. 75 (C. 7)). As these Regulations are made before the end of the period of 6 months from the commencement of the said sections, they are accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), from prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.