The Income-related Benefits (Amendment No. 2) Regulations (Northern Ireland) 2005
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Income-related Benefits (Amendment No. 2) Regulations (Northern Ireland) 2005 and shall come into operation on 12th December 2005.
(2)
Amendment of the Income Support (General) Regulations2.
(1)
(2)
In regulation 2(1) (interpretation)—
(a)
““the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;”; and
(b)
(3)
(4)
(5)
In Schedule 10 (capital to be disregarded)—
(a)
(i)
in sub-paragraph (1) for “or the Skipton Fund” there shall be substituted “, the Skipton Fund or the London Bombings Relief Charitable Fund”, and
(ii)
in sub-paragraph (7) for “and the Skipton Fund” there shall be substituted “, the Skipton Fund and the London Bombings Relief Charitable Fund”; and
(b)
Amendment of the Housing Benefit (General) Regulations3.
F1(1)
(2)
In regulation 2(1) (interpretation)—
(a)
““the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;”; and
(b)
(3)
(4)
(5)
(6)
In Schedule 5 (capital to be disregarded)—
(a)
(i)
in sub-paragraph (1) for “or the Skipton Fund” there shall be substituted “, the Skipton Fund or the London Bombings Relief Charitable Fund”, and
(ii)
in sub-paragraph (7) for “and the Skipton Fund” there shall be substituted “, the Skipton Fund and the London Bombings Relief Charitable Fund”; and
(b)
(7)
(a)
(b)
(8)
Amendment of the Jobseeker’s Allowance Regulations4.
(1)
(2)
In regulation 1(2) (citation, commencement and interpretation)—
(a)
““the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;”; and
(b)
(3)
(4)
(5)
In Schedule 7 (capital to be disregarded)—
(a)
(b)
Amendment of the Social Security (Recovery of Benefits) Regulations5.
“(k)
any payment made from the London Bombings Relief Charitable Fund, the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005.”.
Amendment of the State Pension Credit Regulations6.
(1)
(2)
In regulation 1(2) (citation, commencement and interpretation)—
(a)
““the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;”; and
(b)
(3)
In Schedule 5 (income from capital)—
(a)
(i)
in sub-paragraph (1) for “or the Skipton Fund” there shall be substituted “, the Skipton Fund or the London Bombings Relief Charitable Fund”, and
(ii)
in sub-paragraph (7) for “and the Skipton Fund” there shall be substituted “, the Skipton Fund and the London Bombings Relief Charitable Fund”; and
(b)
Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations7.
(a)
in paragraph (2)—
(i)
at the end of sub-paragraph (f) the word “or” shall be omitted, and
(ii)
“or
(h)
the London Bombings Relief Charitable Fund,”; and
(b)
in paragraph (3) for “and “the Skipton Fund”” there shall be substituted “, “the Skipton Fund” and “the London Bombings Relief Charitable Fund””.
Revocation8.
Sealed with the Official Seal of the Department for Social Development on 8th December 2005.
Sealed with the Official Seal of the Department of Finance and Personnel on 8th December 2005.
These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 to make provision for grants paid by the London Bombings Relief Charitable Fund (“the Fund”), and certain payments derived from these grants, to be disregarded when calculating that person’s capital or income for the purpose of an award of benefit.
The Regulations also amend the State Pension Credit Regulations (Northern Ireland) 2003 to provide for grants paid by the Fund to a person, and certain payments derived from these grants, to be disregarded when calculating that person’s income from capital for the purpose of an award of state pension credit.
These Regulations replace the previous disregards that applied in respect of payments from the Fund.
Regulation 3(4) provides, in relation to housing benefit, that a person is not required to furnish any evidence and information about a payment from the Fund when making a claim or in connection with an award.
Regulation 5 amends regulation 2(2) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997 to include an exemption for payments made from the Fund from the compensation recovery scheme.
Regulation 7 amends regulation 10 of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 to ensure that payments from the Fund are not deducted in calculating the amount of a funeral payment.
Regulation 8 makes a consequential revocation.
In so far as these Regulations are required, for the purposes of regulation 3, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they 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, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.
These Regulations do not impose any charge on business.