The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2006

Made8th December 2006

Coming into operation8th January 2007

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 131(1), 133(2)(h) and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, Article 6(5) and 36(2) of the Jobseekers (Northern Ireland) Order 19952, and now vested in it3, and sections 2(3)(b) and 19(1) and (3) of the State Pension Credit Act (Northern Ireland) 20024.

Regulations 5 and 6 are made with the consent of the Department of Finance and Personnel5.

The Social Security Advisory Committee has agreed that proposals in respect of regulations 5 and 6 should not be referred to it6.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2006 and shall come into operation on 8th January 2007.

(2)

In these Regulations “the State Pension Credit Regulations” means the State Pension Credit Regulations (Northern Ireland) 20037.

(3)

The Interpretation Act (Northern Ireland) 19548 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support (General) Regulations2.

In paragraph 3(6)(c) of Schedule 3 to the Income Support (General) Regulations (Northern Ireland) 19879 (circumstances in which a person is to be treated as occupying a dwelling as his home) after “4 benefit weeks” insert “from the first day of the benefit week in which the move occurs”.

Amendment of the Jobseeker’s Allowance Regulations3.

In paragraph 3(6)(c) of Schedule 2 to the Jobseeker’s Allowance Regulations (Northern Ireland) 199610 (circumstances in which a person is to be treated as occupying a dwelling as his home) after “4 benefit weeks” insert “from the first day of the benefit week in which the move occurs”.

Amendment of the State Pension Credit Regulations4.

(1)

Subject to paragraphs (2) and (3), in paragraph 4(6)(c) of Schedule 2 to the State Pension Credit Regulations (circumstances in which a person is to be treated as occupying a dwelling as his home) after “4 benefit weeks” insert “from the first day of the benefit week where the move takes place on that day, but if it does not, from the first day of the next following benefit week”.

(2)

This paragraph applies in the case of any person to whom regulation 34(6) of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 200311 (persons entitled to income support immediately before the appointed day) applies.

(3)

Where paragraph (2) applies, paragraph 4(6)(c) of Schedule 2 to the State Pension Credit Regulations is to be read as if after “4 benefit weeks” there were inserted “from the first day of the benefit week in which the move occurs”.

Amendment of the Housing Benefit Regulations5.

In regulation 7(6)(d) of the Housing Benefit Regulations (Northern Ireland) 200612 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) after “4 benefit weeks” insert “from the date on which he moved”.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations6.

In regulation 7(6)(d) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 200613 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) after “4 benefit weeks” insert “from the date on which he moved”.

Sealed with the Official Seal of the Department for Social Development on 8th December 2006

John O’Neill

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulations 5 and 6.

Sealed with the Official Seal of the Department of Finance and Personnel on 11th December 2006

Fiona Hamill

A senior officer of the Department of Finance and Personnel

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”) the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”), the State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”), the Housing Benefit Regulations (Northern Ireland) 2006 (“the Housing Benefit Regulations”) and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (“the Housing Benefit (SPC) Regulations”).

The Regulations ensure that where a claimant moves to a new dwelling, but is treated as occupying both dwellings as his home because he could not have avoided liability in respect of those two dwellings, the commencement date of the four week period of payment of benefit in respect of two dwellings is clarified:

in the Income Support Regulations and the Jobseeker’s Allowance Regulations, the four week period commences on the first day of the benefit week in which the move occurs (regulations 2 and 3);
in the State Pension Credit Regulations, the four week period commences on the first day of the benefit week where the move takes place on that day, but if it does not, from the first day of the next following benefit week after the date of the move (regulation 4(1));
for those persons to whom regulation 34(6) of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003 applies, the four week period commences on the first day of the benefit week in which the move occurs (regulation 4(2) and (3));
in the Housing Benefit Regulations and the Housing Benefit (SPC) Regulations, the four week period commences from the date on which he moved (regulations 5 and 6).

In so far as these Regulations are required, for the purposes of regulations 5 and 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 to, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.