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

Amendment of the Social Security (Claims and Payments) Regulations

2.  In paragraph 4 (miscellaneous accommodation costs) of Schedule 8A to, the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1) (deductions from benefits and direct payment to third parties) –

(a) in sub-paragraph (1)(2) for “or jobseeker’s allowance” there shall be substituted “, jobseeker’s allowance or state pension credit”;

(b) in sub-paragraph (1)(a) –

(i) before “is made” there shall be inserted “in the case of income support”; and

(ii) for “as the case may be,” there shall be substituted “in the case of jobseeker’s allowance”;

(c) in sub-paragraph (1), for head (b) there shall be substituted the following head –

“(b) is made –

(i) in the case of an award of income support, to a person who is in residential accommodation within the meaning given by regulation 21(3) of the Income Support Regulations(3); or

(ii) in the case of an award of jobseeker’s allowance, to a person who is in residential accommodation within the meaning given by regulation 85(4) of the Jobseeker’s Allowance Regulations; or

(iii) in the case of an award of state pension credit, to a person who is in accommodation provided within the meaning of regulation 15(7) of the State Pension Credit Regulations,”;

(d) in sub-paragraph (1) for “(hereafter in this paragraph referred to as “miscellaneous accommodation costs”)” there shall be substituted “or to a person who is only temporarily absent from such accommodation”;

(e) for sub-paragraphs (2)(4) and (3)(5) there shall be substituted the following sub-paragraphs –

“(2) Subject to sub-paragraphs (3) and (3A), the amount of any payment of any specified benefit to a third party determined under sub-paragraph (1) shall be –

(a) in a case where a beneficiary is not in accommodation –

(i) as specified in sub-paragraph (1)(b)(i) or (ii), or

(ii) as specified in regulation 15(7)(c) of the State Pension Credit Regulations,

an amount equal to the award of income support, jobseeker’s allowance, or guarantee credit payable to the claimant but excluding an amount, if any, which when added to any other income of the beneficiary as determined in accordance with regulation 28 of the Income Support Regulations, regulation 93 of the Jobseeker’s Allowance Regulations or regulation 17 of the State Pension Credit Regulations will equal the amount prescribed in respect of personal expenses in sub-paragraph (2A), and

(b) in any other case, the amount of the award of income support, jobseeker’s allowance or guarantee credit, excluding the amount allowed by sub-paragraph (2A) in respect of personal expenses.

(2A) The amount in respect of personal expenses where a beneficiary is in accommodation referred to in sub-paragraph (1) shall be –

(a) for a single person the sum of £17·50;

(b) for a couple where both members of the couple are in such accommodation, £17·50 for each member;

(c) for a member of a polygamous marriage where more than one member is in such accommodation, £17·50 for each member in such accommodation.

(3) This sub-paragraph shall apply where an award is made of –

(a) income support calculated in accordance with Part VII of the Income Support Regulations (calculation of income support for part-weeks); or

(b) jobseeker’s allowance calculated in accordance with Part XI of the Jobseeker’s Allowance Regulations (part-weeks), or

(c) state pension credit for a period of less than a week calculated under regulation 13A of the State Pension Credit Regulations(6) (part-weeks), or a part-week payment of state pension credit calculated otherwise.

(3A) Where sub-paragraph (3) applies then the amount of any payment to a third party determined under sub-paragraph (1) shall be an amount calculated in accordance with sub-paragraph (2)(a) or (b) as appropriate except that in respect of –

(a) the income of the beneficiary, if any; and

(b) the amount allowed for personal expenses by sub-paragraph (2A),

the amount shall be the amount used in the calculation under the provisions listed in sub-paragraph (3)(a), (b) or (c), divided by 7 and multiplied by the number of days in the part-week and no payment shall be made to a third party where the Department certifies that it would be impracticable to do so in that particular case.”.

(1)

S.R. 1987 No. 465; relevant amending Regulations are S.R. 1989 Nos. 40 and 398, S.R. 1993 Nos. 149 and 375, S.R. 1996 No. 354, S.R. 1999 No. 472 and S.R. 2002 No. 132

(2)

Sub-paragraph (1) was amended by regulation 8(a)(ii) of S.R. 1989 No. 398, paragraph 2(2) of Schedule 1 to, S.R. 1993 No. 149, regulation 2(26)(d) of S.R. 1996 No. 354, Article 9(2) of S.R. 1999 No. 472 (c. 36) and regulation 3(3)(a) and (b) of S.R. 2002 No. 132

(3)

Regulation 21(3) was amended by paragraph 1(4) of Schedule 1 to, S.R. 1993 No. 149 and paragraph 1(f) of Schedule 12 to, S.R. 1994 No. 65

(4)

Sub-paragraph (2) was amended by regulation 6(4)(b) of S.R.1989 No. 40, regulation 8(b) of S.R.1989 No. 398, paragraph 2(3) of Schedule 1 to, S.R.1993 No. 149, regulation 3(11)(b) of S.R.1993 No. 375, regulation 2(26)(e)(ii) and (v) of S.R.1996 No. 354 and regulation 3(3)(c) of S.R.2002 No. 132

(5)

Sub-paragraph (3) was amended by regulation 2(26)(f) of S.R.1996 No. 354

(6)

Regulation 13A was inserted by regulation 23(3) of S.R.2003 No. 191