The Social Security (Bulgaria and Romania) (Amendment) Regulations (Northern Ireland) 2006

Statutory Rules of Northern Ireland

2006 No. 523

housing; rates; Social security

The Social Security (Bulgaria and Romania) (Amendment) Regulations (Northern Ireland) 2006

Made

14th December 2006

Coming into operation

1st 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) and (2), 133(2) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and Article 6(5) and (12) of, and paragraph 11 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995(2), and now vested in it(3), and sections 1(5)(a) and 19(1) and (3) of the State Pension Credit Act (Northern Ireland) 2002(4).

Regulations 5 and 6 are made with the consent of the Department of Finance and Personnel(5).

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

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Social Security (Bulgaria and Romania) (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 1st January 2007 immediately after the Accession (Immigration and Worker Authorisation) Regulations 2006(7) come into force.

(2) The Interpretation Act (Northern Ireland) 1954(8) shall apply to these Regulations as it applies to an Act of the Assembly.

Commencement Information

I1 Reg. 1 comes into force in accordance with reg. 1(1)

Amendment of the Income Support (General) Regulations N.I.

2.  In regulation 21AA(4) of the Income Support (General) Regulations (Northern Ireland) 1987(9) (special cases: supplemental—persons from abroad), for sub-paragraph (f) substitute—

“(f) a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006(10) pursuant to—

(i) regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004(11) (application of the 2006 Regulations in relation to a national of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or the Slovak Republic who is an “accession State worker requiring registration”), or

(ii) regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”);”.

Commencement Information

I2 Reg. 2 comes into force in accordance with reg. 1(1)

Amendment of the Jobseeker’s Allowance Regulations N.I.

3.—(1) In regulation 85A(4) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(12) (special cases: supplemental – persons from abroad), for sub-paragraph (f) substitute—

“(f) a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—

(i) regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 (application of the 2006 Regulations in relation to a national of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or the Slovak Republic who is an “accession State worker requiring registration”), or

(ii) regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”);”.

Commencement Information

I3 Reg. 3 comes into force in accordance with reg. 1(1)

Amendment of the State Pension Credit Regulations N.I.

4.—(1) In regulation 2(4) of the State Pension Credit Regulations (Northern Ireland) 2003(13) (persons not in Northern Ireland), for sub-paragraph (f) substitute—

“(f) a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to—

(i) regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 (application of the 2006 Regulations in relation to a national of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or the Slovak Republic who is an “accession State worker requiring registration”), or

(ii) regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”);”.

Commencement Information

I4 Reg. 4 comes into force in accordance with reg. 1(1)

Amendment of the Housing Benefit Regulations N.I.

F1 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 5(1) revoked (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 26, Sch.

Commencement Information

I5 Reg. 5 comes into force in accordance with reg. 1(1)

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

6.—(1) In regulation 10(5) the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(14) (persons from abroad), for sub-paragraph (f) substitute—

“(f) a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to either—

(i) regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 (application of the 2006 Regulations in relation to a national of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia or the Slovak Republic who is an “accession State worker requiring registration”), or

(ii) regulation 6 of the Accession (Immigration and Worker Authorisation) Regulations 2006 (right of residence of a Bulgarian or Romanian who is an “accession State national subject to worker authorisation”);”.

Commencement Information

I6 Reg. 6 comes into force in accordance with reg. 1(1)

Sealed with the Official Seal of the Department for Social Development on 14th December 2006

B McGahan

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 15th December 2006

Jack Layberry

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 Jobseeker’s Allowance Regulations (Northern Ireland) 1996, the State Pension Credit Regulations (Northern Ireland) 2003, the Housing Benefit Regulations (Northern Ireland) 2006, and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (“the Income-related Benefit Regulations”), in consequence of the accession to the European Union on 1st January 2007 of Bulgaria and Romania.

The Income-related Benefit Regulations provide that a claimant is ineligible for benefit where he or she is a “person from abroad” or, in the case of state pension credit, a “person not in Northern Ireland”. A person is a person from abroad or a person not in Northern Ireland if he or she is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland. No person shall be treated as habitually resident without a relevant right to reside in the place where he or she is habitually resident. However, certain categories of persons are exempt from this habitual residence test.

These Regulations insert a new category of persons who are exempt from the habitual residence test, namely nationals of Bulgaria and Romania who are subject to the worker authorisation scheme established by the Accession (Immigration and Worker Authorisation) Regulations 2006 and who are treated as workers pursuant to those Regulations.

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.

(1)

1992 c. 7; section 133(2)(d) was substituted by paragraph 18(3) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

(2)

S.I. 1995/2705 (N.I. 15)

(3)

See Article 8(b) of S.R. 1999 No. 481

(4)

2002 c. 14 (N.I.)

(5)

See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481

(6)

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

(7)

S.I. 2006/3317

(8)

1954 c. 33 (N.I.)

(9)

S.R. 1987 No. 459; regulation 21AA was inserted by regulation 2(3) of S.R. 2006 No. 178 and amended by regulation 2 of S.R. 2006 No. 320 and regulation 2 of S.R. 2006 No. 379

(10)

S.I. 2006/1003

(11)

S.I. 2004/1219; regulation 5 was amended by paragraph 7(5) of Schedule 5 to S.I. 2006/1003

(12)

S.R. 1996 No. 198; regulation 85A was inserted by regulation 4(3) of S.R. 2006 No. 178 and amended by regulation 4 of S.R. 2006 No. 320 and regulation 4 of S.R. 2006 No. 379

(13)

S.R. 2003 No. 28; regulation 2 was substituted by regulation 5 of S.R. 2006 No. 178 and amended by regulation 5 of S.R. 2006 No. 320 and regulation 5 of S.R. 2006 No. 379

(14)

S.R. 2006 No. 406