The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further 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 (“the Income-related Benefits Regulations”). These Regulations also further amend the State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”).

Regulation 2(1) amends the interpretation provisions of the Income-related Benefits Regulations and the State Pension Credit Regulations in relation to the introduction of the Armed Forces and Reserve Forces Compensation Scheme (“the new scheme”) established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004 (c. 32).

Regulation 2(3) amends regulation 15(5) of the State Pension Credit Regulations adding certain payments made under the new scheme to the descriptions of income which are prescribed for the purposes of section 15(1)(j) of the State Pension Credit Act (Northern Ireland) 2002 (c. 14).

Regulation 2(5) makes similar amendment to the Housing Benefit (General) Regulations (Northern Ireland) 1987 as modified by the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 for persons who have attained the qualifying age for state pension credit.

Regulation 2(6) and (7) amends the Income Support (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland )1996 respectively to include within the notional income and notional capital rules, payments made under the new scheme.

Regulation 2(8) to (11) provides an income disregard for guaranteed income payments made under the new scheme.

The Income-related Benefits Regulations are amended to exclude from the full income disregard, payments of housing benefit received by claimants direct from an authority in respect of persons temporarily in their care (regulations 3, 4 and 5).

The Jobseeker’s Allowance Regulations are also amended to remove outdated references to “earnings top-up” and “the Earnings Top-up Scheme” (regulation 5(2), (3), (4) and (6)).

In so far as these Regulations are required, for the purposes of regulations 2(2), (5), (9)(b), (10) and regulation 4 to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, (“the 1992 Act”), 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, the 1992 Act, 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 any charge on business.