2006 No. 359

housing; rates; social security

The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2006

Made7th September 2006

Coming into operation in accordance with regulation 1

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 30A(2A), 30C(4), 30E(1), 47(6), 64(1), 68(4), 71(6), 86A(1), 122(1)(a) and (d), 123(1)(e), 129(4), 131(1), 132(3) and (4)(b) and (c), 132A(3), 133(2)(h), 167D and 171(1) and (3) to (5) of, and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits (Northern Ireland) Act 19921, sections 5(1)(m) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 19922, Article 6 of the Social Security (Incapacity for Work) (Northern Ireland) Order 19943 and Articles 6(5), 8(4), 9(2)(a) and (4), 14(2) and (4)(b) and (c) and 36(2) of, and paragraphs 1(2)(b), 8, 8A(1), 12 and 16(1) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 19954, and now vested in it5, paragraphs 4(5) and 20(1) and (3) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 20006 and sections 1(5)(a), 2(3)(b), 7(4), 15(6)(a) and (b), 17(2)(a) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 20027.

Regulation 6 is made with the consent of the Department of Finance and Personnel8.

The Social Security Advisory Committee has agreed that proposals in respect of regulation 6 should not be referred to it9.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2006 and, subject to paragraphs (2) to (5), shall come into operation on 1st October 2006.

(2)

Regulations 5(2), (7), (8) and (9)(c) and (d), 6(2), (5), (6) and (9), 13(2), (4), (6), (9), (10), (13) and (14)(c) and (d) and 14(2), (3), (4) and (5) shall come into operation on 2nd October 2006.

(3)

Regulations 5(3), (4), (9)(a), (b), (e) and (f) and (10), 6(3), (4), (10) and (11), 13(7), (8), (14)(a), (b), (e) and (f) and (15) and 14(6) in so far as they relate to a particular beneficiary shall come into operation on the first day of the first benefit week to commence for that beneficiary on or after 2nd October 2006.

(4)

Regulation 5(5)(a) shall come into operation on 7th October 2006.

(5)

Regulations 2, 5(6), 6(7) and (8), 9(2), 11, 12(3) and (5), 13(12) and 15 shall come into operation on 9th October 2006.

(6)

In paragraph (3) “benefit week” has the same meaning as in—

(a)

regulation 2(1)10 of the Income Support (General) Regulations (Northern Ireland) 198711 so far as it relates to regulation 5;

(b)

regulation 2(1) of the Housing Benefit (General) Regulations (Northern Ireland) 198712 so far as it relates to regulation 6;

(c)

regulation 1(2)13 of the Jobseeker’s Allowance Regulations (Northern Ireland) 199614 so far as it relates to regulation 13;

(d)

regulation 1(2) of the State Pension Credit Regulations (Northern Ireland) 200315 so far as it relates to regulation 14.

(7)

The Interpretation Act (Northern Ireland) 195416 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations2.

In regulation 3A of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 197917 (calculating periods of incapacity for work for welfare to work beneficiaries entitled to an addition to long-term incapacity benefit) for “52 weeks” substitute “104 weeks”.

Amendment of the Social Security (General Benefit) Regulations3.

In regulation 14 of the Social Security (General Benefit) Regulations (Northern Ireland) 198418 (earnings level for the purpose of unemployability supplement) for “£4,212·00” substitute “£4,472·00”.

Amendment of the Social Security (Severe Disablement Allowance) Regulations4.

In regulation 3(1) of the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 198419 (conditions relating to residence and presence) omit from the word “and” after sub-paragraph (a)(iii) to the end.

Amendment of the Income Support (General) Regulations5.

(1)

The Income Support (General) Regulations (Northern Ireland) 1987 shall be amended in accordance with paragraphs (2) to (10).

(2)

In regulation 35(1)(k)20 (earnings of employed earners) for “regulation 18(22) to (25) of the Social Security (Contributions) Regulations (Northern Ireland) 1979 (calculation of earnings)” substitute “Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001”21.

(3)

In regulation 48(4)22 (income treated as capital) for “or 25 to 28” substitute “, 25 to 28 or 43”.

(4)

In regulation 6523 (relationship with amounts to be disregarded under Schedule 9) omit from “and any other income” to the end.

(5)

In Schedule 1B24 (prescribed categories of person)—

(a)

omit paragraph 1625 (certain persons aged 50 who have not been in remunerative work for 10 years); and

(b)

for paragraph 1926 (persons required to attend a court or tribunal) substitute—

“Persons required to attend a court or tribunal19.
(1)
A person who is required to attend a court or tribunal as a justice of the peace, a lay magistrate, a party to any proceedings, a witness or a juror.
(2)
In this paragraph “tribunal” means—
(a)
any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 199227; or
(b)
any tribunal established under an enactment.”.

(6)

In—

(a)

paragraphs 10(4)28 and 12(1A)29 of Schedule 2 (applicable amounts); and

(b)

paragraphs 7(10)30 and 14(3AA)(b)31 and (10)32 of Schedule 3 (housing costs),

for “52 weeks” substitute “104 weeks”.

(7)

In Schedule 333 (housing costs)—

(a)

after paragraph 1(3)(b)34 add—

“; or
(c)
who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 200235.”;

(b)

in paragraph 3(7)(c) (circumstances in which a person is to be treated as occupying a dwelling as his home) for head (ii) substitute—

“(ii)
the move was delayed pending the outcome of an application under Part VIII of the Contributions and Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and—
(aa)
a member of the claimant’s family is aged five or under,
(bb)
the claimant’s applicable amount includes a premium under paragraph 9, 9A, 10, 11, 13 or 14 of Schedule 2 (applicable amounts), or
(cc)
a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002, or”; and

(c)

in paragraph 7 (transitional protection) after sub-paragraph 4 insert—

“(4A)
For the purposes of sub-paragraphs (3) and (4), there is an increase in the amount of existing housing costs where in any benefit week, those costs are higher than they were in the previous benefit week (whether or not those costs are higher than they were in the second benefit week).”.

(8)

In paragraphs 7(1)(d) and 15A(a)36 of Schedule 8 (sums to be disregarded in the calculation of earnings) for “Schedule 3 to the Social Security (Contributions) Regulations 1979” substitute “Schedule 6 to the Social Security (Contributions) Regulations 2001”.

(9)

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 1537—

(i)

for sub-paragraph (1) substitute—

“(1)
Subject to sub-paragraph (3) and paragraph 39, any relevant payment made or due to be made at regular intervals.”,

(ii)

in sub-paragraph (3) for “Sub-paragraphs (1) and (2)” substitute “Sub-paragraph (1)”, and

(iii)

omit sub-paragraphs (2), (4) and (5);

(b)

omit paragraph 15A38;

(c)

in paragraph 2639 for sub-paragraph (b) substitute—

“(b)
a juvenile justice centre, within the meaning of Article 51(1) of the Criminal Justice (Children) (Northern Ireland) Order 199840, under Article 43(2) of that Order to a person who is caring for a child and with whom that child is in the charge of under paragraph 4 of Schedule 2 to that Order.”;

(d)

in paragraph 2741 for sub-paragraph (b) substitute—

“(b)
made to the claimant or his partner for a person who is not normally a member of the claimant’s household but is temporarily in his care by a juvenile justice centre within the meaning of Article 51(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998.”;

(e)

in paragraph 30A42 omit “but not a payment to which paragraph 15A applies”; and

(f)

in paragraph 3643 for “paragraphs 15(1) and 16” substitute “paragraph 16”.

(10)

In Schedule 10 (capital to be disregarded)—

(a)

in paragraph 1244 after “claimant” insert “or the claimant’s partner”;

(b)

after paragraph 12 insert—

“12A.
(1)
Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.
(2)
But sub-paragraph (1)—
(a)
applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;
(b)
does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);
(c)
ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;
(d)
does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.
(3)
For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.
(4)
References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).”; and

(c)

for paragraph 4345 substitute—

“43.
(1)
Any sum of capital to which sub-paragraph (2) applies and—
(a)
which is administered on behalf of a person by the High Court under the provisions of Order 80 or 109 of the Rules of the Supreme Court (Northern Ireland) 198046 or by a County Court under Order 44 of the County Court Rules (Northern Ireland) 198147 or Article 21 of the County Courts (Northern Ireland) Order 198048;
(b)
which can only be disposed of by order or direction of any such court; or
(c)
where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.
(2)
This sub-paragraph applies to a sum of capital which is derived from—
(a)
an award of damages for a personal injury to that person; or
(b)
compensation for the death of one or both parents where the person concerned is under the age of 18.”.

Amendment of the Housing Benefit (General) RegulationsF16.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Social Security (Attendance Allowance) Regulations7.

In regulation 2(1) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 199263 (conditions as to residence and presence in Northern Ireland) omit from the word “and” after sub-paragraph (a)(iii) to the end.

Amendment of the Social Security (Disability Living Allowance) Regulations8.

In regulation 2(1) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 199264 omit from the word “and” after sub-paragraph (a)(iii) to the end.

Amendment of the Social Security (Incapacity Benefit) Regulations9.

(1)

The Social Security (Incapacity Benefit) Regulations (Northern Ireland) 199465 shall be amended in accordance with paragraphs (2) to (4).

(2)

In regulation 4A66 (calculating periods of incapacity for work for welfare to work beneficiaries) for “52 weeks” substitute “104 weeks”.

(3)

In regulation 767 (limit of earnings from councillor’s allowance) for “£81·00” substitute “£86·00”.

(4)

In regulation 1568 (conditions relating to residence or presence) omit paragraphs (2) and (3).

Amendment of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations10.

In regulation 9 of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations (Northern Ireland) 199469 (increase of incapacity benefit for adult dependents and persons having the care of children or qualifying young persons) after paragraph (2A) insert—

“(2B)
For the purposes of paragraph (1)(c) a beneficiary shall be treated as if he were entitled to child benefit in respect of a child or qualifying young person for any period throughout which—
(a)
child benefit has been awarded to a parent of that child or qualifying young person with whom that child or qualifying young person is living and with whom the beneficiary is residing and either—
(i)
the child or qualifying young person is being wholly or mainly maintained by the beneficiary, or
(ii)
the beneficiary is also a parent of the child or qualifying young person; or
(b)
(i)
the beneficiary,
(ii)
his spouse or civil partner with whom he is residing, or
(iii)
a parent (other than the beneficiary) to whom sub-paragraph (a) would refer if that parent were entitled to child benefit,
would have been entitled to child benefit in respect of that child had the child been born at the end of the week immediately preceding the week in which the birth occurred.
(2C)
Where for any period a person who is in Northern Ireland could have been entitled to an increase of incapacity benefit pursuant to paragraph (1)(c) but for the fact that in pursuance of any agreement with the government of a country outside the United Kingdom—
(a)
he;
(b)
his spouse or civil partner who is residing with him; or
(c)
a parent (other than the beneficiary) to whom paragraph (2B)(a) would refer if that parent were entitled to child benefit,
is entitled in respect of the child or qualifying young person in question to the family benefits of that country and is not entitled to child benefit, he shall for the purposes of entitlement to the increase be treated as if he were entitled to child benefit for the period in question.
(2D)
For the purposes of paragraphs (2B) and (2C)—
(a)
“week” means a period of 7 days beginning with a Monday; and
(b)
a child or qualifying young person shall not be regarded as living with a person unless he can be so regarded for the purposes of section 139 of the Contributions and Benefits Act70 (meaning of “person responsible for child or qualifying young person”).”.

Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations11.

(1)

The Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 199571 shall be amended in accordance with paragraphs (2) and (3).

(2)

In regulation 17B (calculating periods of incapacity for work for welfare to work beneficiaries in long-term incapacity benefit transitional cases) for “52 weeks” substitute “104 weeks”.

(3)

In regulation 23(2) (increase of Category A retirement pension for incapacity) for “52 weeks” substitute “104 weeks”.

Amendment of the Social Security (Incapacity for Work) (General) Regulations12.

(1)

The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 199572 shall be amended in accordance with paragraphs (2) to (4).

(2)

For regulation 11 (person with an infectious or contagious disease) substitute—

“Person with an infectious or contagious disease11.
(1)
A person shall be treated as incapable of work on any day in respect of which he is—
(a)
excluded or abstains from work pursuant to a request or notice in writing lawfully made under a statutory provision; or
(b)
otherwise prevented from working pursuant to a statutory provision,
by reason of his being a carrier, or having been in contact with a case, of an infectious disease to which—
(i)
section 15(1) of the Public Health Act (Northern Ireland) 196773 (power to require person in contact with infectious disease to discontinue employment and compensation therefor) applies,
(ii)
regulations 8 and 9 of the Public Health (Aircraft) Regulations (Northern Ireland) 197174 (examination, etc., of persons on aircraft and powers in respect of persons leaving aircraft) apply, or
(iii)
regulations 9 and 10 of the Public Health (Ships) Regulations (Northern Ireland) 197175 (examination, etc., of persons on ships and powers in respect of certain persons on ships) apply.”.

(3)

In regulation 13A76 (welfare to work beneficiary)—

(a)

at the end of paragraph (1)(b) insert “and”;

(b)

in paragraph (1)(c) for “one week” substitute “one month”;

(c)

omit paragraph (1)(d) and the word “and” immediately preceding it;

(d)

for paragraph (3) substitute—

“(3)
A person is not a welfare to work beneficiary under paragraph (1) if his immediate past period of incapacity for work was ended by a determination, other than a determination in the circumstances set out in paragraph (1) or (3A), that he was, or was treated as, capable of work.”;

(e)

after paragraph (3) insert—

“(3A)
The circumstances are that the person had successfully appealed against a determination made in respect of the personal capability assessment or the own occupation test in relation to his immediate past period of incapacity for work.”; and

(f)

in paragraph (4)—

(i)

in the definition of “linking term” for “52 weeks” substitute “104 weeks”; and

(ii)

in the definition of “immediate past period of incapacity for work”77 after “means” insert “the most recent of”.

(4)

In regulation 17(3) and (4)78 (exempt work) for “£81·00” substitute “£86·00”.

(5)

In determining whether a person is a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995, as amended by paragraph (3), it shall be immaterial whether that person’s immediate past period of incapacity for work ended before or after the coming into operation of that paragraph.

Amendment of the Jobseeker’s Allowance Regulations13.

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 shall be amended in accordance with paragraphs (2) to (15).

(2)

In regulation 1(2) (interpretation) in the definition of “benefit week” after “regulation 23” each time that it occurs insert “or regulation 23A”.

(3)

In regulation 14 (circumstances in which a person is to be treated as available)—

(a)

in paragraph (1)(q)79 after “justice of the peace,” insert “a lay magistrate,”; and

(b)

for paragraph (7)80 substitute—

“(7)
In this regulation, “tribunal” means—
(a)
any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992; or
(b)
any tribunal established under an enactment.”.

(4)

In—

(a)

regulation 18(3)(f)(v) (steps to be taken by persons actively seeking employment);

(b)

regulation 53(d)(iv) (persons treated as not engaged in remunerative work);

(c)

paragraphs 9(1)(d) and 19(a)(i)81 of Schedule 5 (sums to be disregarded in the calculation of earnings); and

(d)

paragraph 5(a)(i) of Schedule 5A82 (sums to be disregarded in the calculation of earnings of members of joint-claim couples),

for “Schedule 3 to the Social Security (Contributions) Regulations 1979” substitute “Schedule 6 to the Social Security (Contributions) Regulations 2001”.

(5)

In regulation 19 (circumstances in which a person is to be treated as actively seeking employment)—

(a)

in paragraph (1)(u)83 after “justice of the peace,” insert “a lay magistrate,”; and

(b)

in paragraph (3) for the definition of “tribunal”84 substitute—

““tribunal” means—
(a)
any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992; or
(b)
any tribunal established under an enactment.”.

(6)

In regulation 98(1)(i)85 (earnings of employed earners) for “regulation 18(22) to (25) of the Social Security (Contributions) Regulations (Northern Ireland) 1979 (calculation of earnings)” substitute “Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001”.

(7)

In regulation 110(4) (income treated as capital) for “or 17” substitute “, 17 or 41”.

(8)

In regulation 134 (relationship with amounts to be disregarded under Schedule 6) omit from “and any other income” to the end.

(9)

In regulation 159(b) (modifications of Article 4 of the Order) in the definition of “special Class 2 contributions” for “regulation 96(c) of the Social Security (Contributions) Regulations (Northern Ireland) 1979” substitute “regulation 125(c) of the Social Security (Contributions) Regulations 2001”.

(10)

In regulation 166 (modification of contribution conditions for volunteer development workers) for “Case E of Part VIII of the Social Security (Contributions) Regulations (Northern Ireland) 1979 (volunteer development workers)” substitute “Case G of Part 9 of the Social Security (Contributions) Regulations 2001”.

(11)

In Schedule A186 (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order), for paragraph 1587 (members required to attend a court or tribunal) substitute—

“Members required to attend a court or tribunal15.
(1)
A member who is required to attend a court or tribunal as a justice of the peace, a lay magistrate, a party to any proceedings, a witness or a juror.
(2)
In this paragraph, “tribunal” means—
(a)
any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992; or
(b)
any tribunal established under an enactment.”.

(12)

In—

(a)

paragraphs 12(3)88, 20F(3)89, 20H(2) of Schedule 1 (applicable amounts); and

(b)

paragraphs 13(4A)(b)90 and (12)91 of Schedule 2 (housing costs),

for “52 weeks” substitute “104 weeks”.

(13)

In Schedule 2 (housing costs)—

(a)

after paragraph 1(3)(c) add—

“; or
(d)
who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002.”; and

(b)

for paragraph 3(7)(c) (circumstances in which a person is to be treated as occupying a dwelling as his home) for head (ii) substitute—

“(ii)
the move was delayed pending the outcome of an application under Part VIII of the Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and—
(aa)
a member of the claimant’s family is aged five or under,
(bb)
the claimant’s applicable amount includes a premium under paragraph 10, 11, 12, 13, 15 or 16 of Schedule 1 (applicable amounts), or
(cc)
a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002, or”.

(14)

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 1592—

(i)

for sub-paragraph (1) substitute—

“(1)
Subject to sub-paragraph (3) and paragraph 41, any relevant payment made or due to be made at regular intervals.”,

(ii)

in sub-paragraph (3) for “Sub-paragraphs (1) and (2)” substitute “Sub-paragraph (1)”, and

(iii)

omit sub-paragraphs (2), (4) and (5);

(b)

omit paragraph 1693;

(c)

for paragraph 2794 for sub-paragraph (b) substitute—

“(b)
a juvenile justice centre, within the meaning of Article 51(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998, under Article 43(2) of that Order to a person who is caring for a child and with whom that child is in the charge of under paragraph 4 of Schedule 2 to that Order.”;

(d)

in paragraph 2895 for sub-paragraph (b) substitute—

“(b)
made to the claimant or his partner for a person who is not normally a member of the claimant’s household but is temporarily in his care by a juvenile justice centre within the meaning of Article 51(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998.”;

(e)

in paragraph 32(1)96 omit “but not a payment to which paragraph 16 applies”; and

(f)

in paragraph 3897 for “paragraphs 15(1) and 17” substitute “paragraph 17”.

(15)

In Schedule 7 (capital to be disregarded)—

(a)

in paragraph 17 after “claimant” insert “or the claimant’s partner”;

(b)

after paragraph 17 insert—

“17A.
(1)
Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.
(2)
But sub-paragraph (1)—
(a)
applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;
(b)
does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);
(c)
ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;
(d)
does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.
(3)
For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.
(4)
References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).”; and

(c)

for paragraph 4198 substitute—

“41.
Any sum of capital to which sub-paragraph (2) applies and—
(a)
which is administered on behalf of a person by the High Court under the provisions of Order 80 or 109 of the Rules of the Supreme Court (Northern Ireland) 1980 or by a County Court under Order 44 of the County Court Rules (Northern Ireland) 1981 or Article 21 of the County Courts (Northern Ireland) Order 1980;
(b)
which can only be disposed of by order or direction of any such court; or
(c)
where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.
(2)
This sub-paragraph applies to a sum of capital which is derived from—
(a)
an award of damages for a personal injury to that person; or
(b)
compensation for the death of one or both parents where the person concerned is under the age of 18.”.

Amendment of the State Pension Credit Regulations14.

(1)

The State Pension Credit Regulations (Northern Ireland) 2003 shall be amended in accordance with paragraphs (2) to (6).

(2)

In regulation 5 (persons treated as being or not being members of the same household)—

(a)

in paragraph (1) omit sub-paragraph (e); and

(b)

after paragraph (1) insert—

“(1A)
Paragraph (1)(d) and (f) shall not apply where a person is treated as being in Northern Ireland in accordance with regulation 4.”.

(3)

In regulation 10 (assessed income period) omit paragraph (8).

(4)

In regulation 18 (notional income)—

(a)

for paragraph (1) substitute—

“(1)
A claimant who has attained the qualifying age shall be treated as possessing the amount of any retirement pension income—
(a)
to which section 16(1)(a) to (e) of the Act applies;
(b)
for which no claim has been made; and
(c)
to which the claimant might expect to be entitled if a claim for it were made,
but only from the date on which that income could be expected to be acquired if a claim for it were made.
(1A)
Paragraph (1) is subject to paragraphs (1B) and (1C).
(1B)
Where a claimant—
(a)
has deferred his retirement pension income to which section 16(1)(a) to (c) of the Act applies for at least 12 months; and
(b)
would have been entitled to make an election under Schedule 5 or 5A99 to the Contributions and Benefits Act or under Schedule 2 of the Graduated Retirement Benefit Regulations,
he shall be treated for the purposes of paragraph (1) as possessing the amount of retirement pension income to which he might expect to be entitled if he were to elect to receive a lump sum.
(1C)
Where a claimant receives an allowance under—
(a)
section 68 of the Contributions and Benefits Act100 (severe disablement allowance); or
(b)
section 70 of that Act101 (carer’s allowance),
the amount of that allowance is to be deducted from the amount of retirement pension income which he is treated as possessing for the purposes of paragraph (1) (or, where applicable, paragraph (1) read with paragraph (1B)).
(1D)
A claimant who has attained the qualifying age shall be treated as possessing income from an occupational pension scheme which he elected to defer, but only from the date on which it could be expected to be acquired if a claim for it were made.”; and

(b)

after paragraph (8)102 add—

“(9)
For the purposes of paragraph (6), a person is not to be regarded as depriving himself of income where—
(a)
his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme; and
(b)
that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 2004.
(10)
In paragraph (9) ”registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.”.

(5)

In paragraph 14 of Schedule 2 (housing costs)—

(a)

in sub-paragraph (2)(a)103 (persons residing with the claimant) for “(1)(c)” substitute “(1)(b)”; and

(b)

after sub-paragraph (7)(d) insert—

“(dd)
in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 63 of the Housing Benefit (General) Regulations (Northern Ireland) 1987 (non-dependent deductions);”.

(6)

In paragraph 16(2) of Schedule 5 (capital disregarded for the purpose of calculating income) for sub-paragraph (a) substitute—

“(a)
by the High Court or the County Court under the provisions of Order 80 or 109 of the Rules of the Supreme Court (Northern Ireland) 1980 or by a County Court under Order 44 of the County Court Rules (Northern Ireland) 1981 or Article 21 of the County Courts (Northern Ireland) Order 1980 on behalf of a person where the payment can only be disposed of by order or direction of any such court; or ”.

Revocations15.

The Regulations specified in column (1) of the Schedule are revoked to the extent specified in column (3).

Sealed with the Official Seal of the Department for Social Development on 7th September 2006

John O’Neill

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulation 6.

Sealed with the Official Seal of the Department of Finance and Personnel on 8th September 2006

Mary McIvor

A senior officer of the Department of Finance and Personnel

SCHEDULERevocations

Regulation 15

Column (1)	Column (2)	Column (3)
Citation	Reference	Extent of revocation
The Income Support (General) (Amendment) Regulations (Northern Ireland) 1990	S.R. 1990 No. 131	Regulations 12 and 20(d)
The Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1990	S.R. 1990 No. 136	Regulation 7
The Social Security Benefits (Miscellaneous Amendments) Regulations (Northern Ireland) 1993	S.R. 1993 No. 165	Regulation 4(5)(b) and (c)
The Income-Related Benefits (Amendment No. 4) Regulations (Northern Ireland) 1993	S.R. 1993 No. 373	Regulation 4(22)(b)
The Income-Related Benefits (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 1994	S.R. 1994 No. 327	Regulation 2(11)(b)
The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 1994	S.R. 1994 No. 335	Regulation 13(b)
The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations (Northern Ireland) 1996	S.R. 1996 No. 199	Paragraph 16 of Schedule 1
The Social Security (Income Support, Jobseeker’s Allowance and Claims and Payments) (Miscellaneous Amendments) Regulations (Northern Ireland) 1997	S.R. 1997 No. 165	Regulation 2
The Income-Related Benefits and Jobseeker’s Allowance (Amendment No. 2) Regulations (Northern Ireland) 1997	S.R. 1997 No. 412	Regulation 7(5) and (6)
The Social Security (Incapacity for Work) (Miscellaneous Amendments) Regulations (Northern Ireland) 2000	S.R. 2000 No. 4	Regulation 2(6)(a)
The Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002	S.R. 2002 No. 132	Paragraph 17(b) and (c) of Part I, and paragraph 23(b) and (c) of Part II, of the Schedule
The Social Security (Personal Injury Payments Amendment) Regulations (Northern Ireland) 2002	S.R. 2002 No. 299	Regulation 3(1)(a), (b) and (c)
The Social Security (Incapacity) (Miscellaneous Amendments) Regulations (Northern Ireland) 2005	S.R. 2005 No. 415	The whole Regulations
The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005	S.R. 2005 No. 458	Paragraph 12(a) of Schedule 1 and paragraph 14(a) of Schedule 3
The Social Security (Incapacity for Work) (Amendment) Regulations (Northern Ireland) 2006	S.R. 2006 No. 150	Regulation 2(2)(a)
The Social Security (Income Support and Jobseeker’s Allowance) (Amendment) Regulations (Northern Ireland) 2006	S.R. 2006 No. 234	Regulations 2, 3(3)(d), 3(4)(d) and 3(6)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend—

the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979,
the Social Security (General Benefit) Regulations (Northern Ireland) 1984,
the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984,
the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”),
the Housing Benefit (General) Regulations (Northern Ireland) 1987 (“the Housing Benefit Regulations”),
the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992,
the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992,
the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994,
the Social Security (Incapacity Benefit – Increases for Dependants) Regulations (Northern Ireland) 1994,
the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995,
the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995
the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”), and
the State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”).

Regulations 2, 9, 11, and 12 make amendments to increase the linking term which applies to relevant welfare to work beneficiaries to 104 weeks.

Regulation 3 amends the Social Security (General Benefit) Regulations 1982 to increase the prescribed amount of earnings that does not disqualify for unemployability supplement in a year, to £4,472.

Regulations 4, 7, 8 and 9 omit a specific test for presence in Northern Ireland for certain severe disablement allowance, attendance allowance, disability living allowance and incapacity benefit claimants who receive income on which they do not have to pay tax in the United Kingdom (tax-free emoluments).

Regulations 5 and 13 include amendments to the Income Support Regulations and the Jobseeker’s Allowance Regulations—

to include the new definitions relating to disabled children in the Tax Credits Act 2002 (c.21);
to provide that certain charitable and voluntary payments of income are disregarded in full;
to provide that a lay magistrate who is required to attend court or a tribunal can be entitled to income support or jobseeker’s allowance and makes minor changes to refine the definition of tribunal.

Regulation 5 includes an amendment to the Income Support Regulations to change the provisions on transitional protection for housing costs. In determining whether that protection is to be reduced, housing costs for any benefit week are compared to what they were in the immediately preceding benefit week.

Regulations 5, 6 and 13 include amendments to the Income Support Regulations, the Housing Benefit Regulations and the Jobseekers Allowance Regulations—

to create a disregard for any payment made in consequence of any personal injury to the claimant or their partner for a period of up to 52 weeks from the day of receipt of the first payment;
to enable awards of certain damages to be disregarded where these awards are not administered by the court but are held subject to the order or direction of the court. In addition, these Regulations provide that income derived from such capital is no longer to be treated as capital;
to take account of changes to the linking term for welfare to work beneficiaries in regulation 12 of these Regulations.

Regulation 6 includes an amendment to the Housing Benefit Regulations to clarify existing housing benefit provisions on when a change of circumstances takes effect and makes a minor amendment in relation to excluded tenancies.

Regulation 10 amends the Social Security (Incapacity Benefit - Increases for Dependants) Regulations (Northern Ireland) 1994 to provide for entitlement to an increase in incapacity benefit where the claimant lives with an adult who is entitled to child benefit in respect of a child or young person who is living with them.

Regulation 12 amends the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995. Paragraph (2) replaces regulation 11 of those Regulations as the previous provision made reference to procedures which are no longer in use. Paragraph (3) amends regulation 13A of those Regulations to—

increase from one week to one month after entitlement ceased, the period within which a person must become engaged in remunerative work after cessation of benefit in order to be a welfare to work beneficiary and to remove the requirement to give notice;
to extend the linking term (by which periods of incapacity for work can be linked together to form one period) which applies to welfare to work beneficiaries to 104 weeks and amends the definition of “immediate past period of incapacity for work” so that this refers to the most recent period of incapacity for work.

Regulation 14 amends the State Pension Credit Regulations—

to clarify the treatment of certain types of notional income;
to enable awards of certain damages to be disregarded where these awards are not administered by the court but are held subject to the order or direction of the court;
in relation to non-dependant deduction provisions.

Regulation 15 makes consequential revocations.

In so far as these Regulations are required, for the purposes of regulation 6, 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 and paragraph 7 of Schedule 5A to, that Act, are not subject to the requirement of section 149(2) or, as the case may be, (2A) of that section for prior reference to the Social Security Advisory Committee or the Industrial Injuries Advisory Council.