The Social Security (PPF Payments and FAS Payments) (Consequential Amendments) Regulations (Northern Ireland) 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977, the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994 and the Social Security (Incapacity Benefit — Increases for Dependants) Regulations (Northern Ireland) 1994 (collectively known as “the principal Regulations”). They also amend the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the 1996 Regulations”).

Regulations 2 to 4 amend the principal Regulations to allow Pension Protection Fund (“PPF”) periodic payments to be included in the calculation of entitlement to benefit in the same way as pension payments are included. Regulation 3(2) further provides for PPF payments to be disregarded where they are made to the survivor of a person entitled to such payments, in the same circumstances as pension payments would be.

Regulation 5 amends the 1996 Regulations to allow PPF payments or Financial Assistance Scheme (“FAS”) payments to be included in the calculation of entitlement to contribution-based jobseeker’s allowance in the same way as pension payments are included. It further provides for PPF payments or FAS payments to be disregarded where they are made to the survivor of a person entitled to such payments, in the same circumstances as pension payments would be.

Regulation 6 makes a consequential revocation.

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.