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

Amendment of the Housing Benefit (General) Regulations N.I.

6.—(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987 shall be amended in accordance with paragraphs (2) to (12).

(2) After regulation 36(8)(1) (notional income) 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(2).

(10) In paragraph (9) ”registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.”.

(3) In regulation 40(4)(3) (income treated as capital) for “or 24 to 27” substitute “, 24 to 27 or 45”.

(4) In regulation 56(4) (relationship with amounts to be disregarded under Schedule 4) omit from “and any other income” to the end.

(5) In regulation 68(10)(5) (date on which change of circumstances is to take effect) after “the change of circumstances” insert “referred to in paragraph (9)(b)”.

(6) In regulation 69(5)(a)(6) (calculation of weekly amounts) for “regulation 65(2)” substitute “regulation 65(2), (3)”.

(7) In paragraph 2(3)(7) of Schedule 1B (excluded tenancies) after head (b) insert—

“(bb) there has been a rent increase under a term of the tenancy and the term under which that increase was made was either included in the tenancy at the time when the application for that decision was made (or was a term substantially the same as such a term) and that decision was not made under paragraph 1(2), 2(2) or 3(3) of Schedule 1A;”.

(8) In paragraphs 10(4)(8) and 12(8) of Schedule 2 (applicable amounts) for “52 weeks” substitute “104 weeks”.

(9) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 26(9) 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.”; and

(b) in paragraph 27(10) 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.”.

(10) In Schedule 5 (capital to be disregarded)—

(a) in paragraph 13(11) after “claimant” insert “or the claimant’s partner”;

(b) after paragraph 13 insert—

“13A.— (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 45(12) substitute—

“45.— (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) 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.”.

(11) In paragraph 17(2) of Schedule 5ZA(13) for head (a) substitute—

“(a) 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 or on behalf of a person where the payment can only be disposed of by order or direction of any such court; or”.

(12) The amendments made by paragraphs (2), (5) and (11) are to the Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003(14) applies.

Commencement Information

I1 Reg. 6(1)(12) in operation at 1.10.2006, see reg. 1(1)

I2 Reg. 6(2)(5)(6)(9) in operation at 2.10.2006, see reg. 1(2)

I3 Reg. 6(3)(4)(10)(11) coming into force in accordance with , see reg. 1(3)

I4 Reg. 6(7)(8) in operation at 9.10.2006, see reg. 1(5)

(1)

See regulation 8 of S.R. 2003 No. 197; paragraph (8) was added by regulation 2(2) of S.R. 2004 No. 46

(2)

2004 c. 12

(3)

Paragraph (4) was amended by regulation 11(b) of S.R. 1988 No. 424

(4)

Regulation 56 was amended by regulation 7 of S.R. 1990 No. 136 and regulation 7(b) of S.R.1996 No. 93

(5)

Regulation 68(10) was added by regulation 13(3) of S.R. 2003 No. 197 and amended by regulation 2(9)(a)(ii) of S.R. 2003 No. 418

(6)

Regulation 69(5)(a) was substituted by regulation 2(11)(d) of S.R. 2005 No. 444

(7)

Schedule 1B was inserted by regulation 15 of S.R. 1996 No. 111 and paragraph 2(3) was amended by regulation 9 of S.R. 1996 No. 181, regulation 7 of S.R. 1998 No. 81, regulation 4(s)(i) of S.R. 2001 No. 215, regulation 3(c) of S.R. 2001 No. 238 and regulation 18(b) of S.R. 2004 No. 144

(8)

Paragraphs 10(4) and 12(8) were added by regulation 9 of S.R. 1998 No. 324

(9)

Paragraph 26 was substituted by regulation 3(6)(b) of S.R. 1998 No. 2

(10)

Paragraph 27 was substituted by regulation 4(1) and (2)(c) of S.R. 1998 No. 81

(11)

Paragraph 13 was substituted by regulation 12(c) of S.R. 1990 No. 345

(12)

Paragraph 45 was added by regulation 13(b) of S.R. 1994 No. 335 and amended by regulation 7(5) and (6)(c) of S.R. 1997 No. 412

(13)

Schedule 5ZA was inserted by regulation 12 of and Schedule 2 to S.R. 2003 No. 197

(14)

S.R. 2003 No. 197