The Income-related Benefits (Amendment No. 2) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations.)

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.