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

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.