The Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Regulations.)

These Regulations provide for amendments to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (“the Claims and Payments Regulations”) and the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”).

Regulation 2 substitutes references to the residential accommodation rate contained in paragraph 13 of Schedule 7 of the Income Support Regulations and paragraph 15 of Schedule 4 of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”) which are being revoked and replaces them with references to regulation 21(3) of the Income Support Regulations or regulation 85(4) of the Jobseeker’s Allowance Regulations as appropriate.

Regulation 2 also provides for direct payments to third parties to be made from the guarantee credit award of state pension credit. The circumstances where deductions from state pension credit may be taken are those specified in regulation 15(7) of the State Pension Credit Regulations (Northern Ireland) 2003.

The Regulations provide for a specific amount to form the amount prescribed for personal expenses which is the minimum amount kept by a claimant after deductions have been made.

Regulation 3 omits paragraph (1B) of regulation 21 of the Income Support Regulations which is no longer relevant due to the change in the hospital down-rating period from 6 weeks to 52 weeks. This regulation also removes an obsolete reference to paragraph 16 of Schedule 7 (applicable amounts in special cases) to the Income Support Regulations in regulation 21(2) of the same Regulations.

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 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.