2008 No. 498
Housing; Rates; Social Security
The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008
Made 11th December 2008
Coming into operation 5th January 2009

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 123(1)(d), 132(1), (3) and (4), 132A(3) and 171(1) to (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, Articles 14(4) and 36(2) of, and paragraph 8(a) of Schedule 1 to the Jobseekers (Northern Ireland) Order 1995, and now vested in it, sections 15(1)(e) and (j), (2) and (6) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002 and sections 17, 25 and 28(2) of the Welfare Reform Act (Northern Ireland) 2007.
1992 c. 7; section 123(1)(d) was substituted by paragraph 13(4) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)), section 132A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), section 171 was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21) and paragraph (2) was amended by paragraph 28(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)
S.I. 1995/2705 (N.I. 15); Article 36(2) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999
See Article 8(b) of S.R. 1999 No. 481
2002 c. 14 (N.I.)
2007 c. 2 (N.I.)
Regulations 5, 6 and 7 are made with the consent of the Department of Finance and Personnel.
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
The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it.
See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992

1 Citation, commencement and interpretation
1 These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 and, subject to paragraph (2), shall come into operation on 5th January 2009.
2 Regulations 2(6)(c) and (d)(ii), 3(6)(b), (c) and (j) and (7)(a), 4(3)(a), (4)(a)(iii) and (iv) and (e) and (5)(b) and (d) and 8(3)(a) 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 5th January 2009.
3 In this regulation “benefit week” has the same meaning as in—
(a) regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987, so far as it relates to regulation 2(6)(c) and (d)(ii);
The definition of “benefit week” was amended by regulation 2(a) of S.R. 1988 No. 318
S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 No. 318, S.R. 1989 No. 366, S.R. 1990 Nos. 131 and 346, S.R. 1992 Nos. 6 and 147, S.R. 1993 No. 120, S.R. 1994 Nos. 77 and 327, S.R. 1995 Nos. 86, 367, 410 and 481, S.R.1996 No. 449, S.R.1997 Nos. 22 and 331, S.R. 1998 Nos. 2 and 326, S.R. 2000 Nos. 222 and 242, S.R. 2001 No. 392, S.R. 2002 No. 128, S.R. 2003 No. 195, S.R. 2005 Nos. 98, 424, 536 and 539, S.R. 2006 No. 407 and S.R. 2008 No. 286
(b) regulation 1(2) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, so far as it relates to regulation 3(6)(b), (c) and (j) and (7)(a);
The definition of “benefit week” was amended by regulation 2(2) of S.R. 1996 No. 358, regulation 2(2)(a) of S.R. 1996 No. 503 and regulation 13(2) of S.R. 2006 No. 359
S.R. 1996 No. 198; relevant amending Regulations are S.R. 1996 Nos. 358 and 503, S.R. 1997 Nos. 331 and 541, S.R. 1998 Nos. 2, 198 and 326, S.R. 2000 Nos. 242, 260 and 350, S.R. 2001 No. 392, S.R. 2002 Nos. 128 and 222, S.R. 2003 Nos. 195 and 338, S.R. 2005 Nos. 98, 424 and 536, S.R. 2006 Nos. 359 and S.R. 2008 No. 112 and 286
(c) regulation 1(2) of the State Pension Credit Regulations (Northern Ireland) 2003, so far as it relates to regulation 4(3)(a), (4)(a)(iii) and (iv) and (e) and (5)(b) and (d);
S.R. 2003 No. 28; relevant amending Regulations are S.R. 2003 No. 421 and S.R. 2005 Nos. 98 and 536
(d) regulation 2(1) of the Employment and Support Allowance Regulations (Northern Ireland) 2008, so far as it relates to regulation 8(3)(a).
S.R. 2008 No. 280
4 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
1954 c. 33 (N.I.)
Reg. 1 in operation at 5.1.2009, see reg. 1(1)

2 Amendment of the Income Support (General) Regulations
1 The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (7).
2 In regulation 2(1) (interpretation)—
(a) in the definition of “concessionary payment” for “the Order, the principal Act or the Child Benefit (Northern Ireland) Order 1975” substitute “the benefit Acts”;
(b) omit the definition of “mobility allowance”;
(c) in the definition of “mobility supplement” for “Article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983” substitute “Article 20 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006”;
S.I. 2006/606
(d) after the definition of “voluntary organisation” insert—

““war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003;
“war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension;
“war widow’s pension” means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;”

; and
The definition of “voluntary organisation” was inserted by regulation 2(2) of S.R. 1995 No. 86
2003 c. 1; Subsection (2) was inserted into section 639 by section 19(4) of the Finance Act 2005 (c. 7)
(e) for the definition of “war widower’s pension” substitute—

““war widower’s pension” means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;”

.
The definition of “war widower’s pension” was inserted by regulation 2(2) of S.R. 2002 No. 128 and amended by paragraph 12(2)(c) of S.R. 2005 No. 536 and regulation 3(2)(d) of S.R. 2007 No. 306
3 In regulation 13(3)(b)(ii) (circumstances in which persons in relevant education are to be entitled to income support) for “Article 26 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (medical expenses)” substitute “Article 21 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 (medical expenses)”.
4 In regulations 42(4)(a)(i) (notional income) and 51(3)(a)(i) (notional capital) omit “the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 or the Pensions and Yeomanry Pay Act 1884, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and”.
Paragraph (4) was substituted by regulation 9(a) of S.R. 1988 No. 318 and amended by regulation 2(2)(a) of S.R. 1998 No. 326; sub-paragraph (a)(i) was amended by regulation 5(2) of S.R. 1995 No. 410, regulation 2(2) of S.R. 1995 No. 481, regulation 2(3) of S.R. 2002 No. 128, paragraph 10(e)(i) and (ii) of Schedule 1 to S.R. 2003 No. 195, regulation 2(6) of S.R. 2005 No. 98 and regulation 4(2) of S.R. 2005 No. 539
Paragraph (3) was substituted by regulation 11(a) of S.R. 1988 No. 318 and amended by regulation 3(2)(a) of S.R. 1998 No. 326; sub-paragraph (a)(i) was amended by regulation 9 of S.R. 1997 No. 22, regulation 2(4) of S.R. 2002 No. 128, paragraph 13(a)(i) and (ii) of Schedule 1 to S.R. 2003 No. 195, regulation 2(6) of S.R. 2005 No. 98 and regulation 4(3) of S.R. 2005 No. 539
5 In regulation 61(1) (interpretation) in sub-paragraph (e) of the definition of “access funds” for “National Assembly for Wales” substitute “Welsh Ministers”.
The definition of “access funds” was inserted by regulation 2(2)(a) of S.R. 2000 No. 242 and sub-paragraph (e) was added by regulation 2(1)(a) of S.R. 2002 No. 222
6 In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—
(a) in paragraph 5 omit “including any amount” to the end;
Paragraph 5 was amended by regulation 2(5)(a) of S.R. 1996 No. 449, regulation 3(2) of S.R. 2005 No. 98 and paragraph 1(5) of Schedule 2 to S.R. 2006 No. 407
(b) in paragraph 6 for “Any mobility allowance or the” substitute “The”;
Paragraph 6 was amended by regulation 10(6)(a) of S.R. 1992 No. 6
(c) for paragraph 7(b) substitute—

“(b) income support;
(c) an income-based jobseeker’s allowance; or
(d) an income-based employment and support allowance.”

;
Sub-paragraph (b) was amended by regulation 12(14)(a) of S.R. 2008 No. 286
(d) in paragraph 16—
(i) in sub-paragraph (c) omit “the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 or the Pensions and Yeomanry Pay Act 1884, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and”, and
Sub-paragraph (c) was amended by regulation 2(2) of S.R. 1995 No. 481 and Article 2(3) and paragraph 12(8)(a) of Schedule 3 to S.R. 2005 No.536
(ii) in sub-paragraph (cc) at the end add “and, if the amount of that payment has been abated to less than £10 by a payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005, so much of the pension payable under either of those schemes as would not, in aggregate with the amount of the guaranteed income payment disregarded, exceed £10”;
Sub-paragraph (cc) was inserted by regulation 2(8)(a) of S.R. 2005 No. 98
(e) in paragraph 25(1)—
(i) in head (b) for “Secretary of State under section 51” substitute “Scottish Ministers under section 51A”, and
Head (b) was amended by regulation 2(8)(a) of S.R.1998 No. 2 and 2(8)(b)(i) of S.R. 2005 No. 424
(ii) omit head (d);
Head (d) was substituted by regulation 3(2) of S.R. 1997 No. 331
Sub-paragraph (1) was substituted by regulation 4 of S.R. 1989 No. 366
(f) in paragraph 31 for “Part IV of the Order” substitute “Part 8 of the Contributions and Benefits Act”;
Paragraph 31 was substituted by regulation 5(9)(f) of S.R. 1992 No. 147
(g) in paragraph 33 for “paragraph 2 of Schedule 6 to the Order” substitute “Part 10 of the Contributions and Benefits Act”;
(h) omit paragraph 47;
Paragraph 47 was added by regulation 20(e) of S.R. 1990 No. 131
(i) for paragraphs 48 and 49 substitute—

“48 1 Any payment or repayment made under regulation 5, 6 or 11 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004 (entitlement to full remission and payment, entitlement to partial remission and payment, or repayment);
S.R. 2004 No. 91
2 Any payment or repayment made by the Department of Health, Social Services and Public Safety which is analogous to a payment or repayment mentioned in sub-paragraph (1).
49 Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to Article 13 of the Social Security (Northern Ireland) Order 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins).
S.I. 1988/594 (N.I. 2); Article 13 was substituted by Article 3 of the Food Benefit Schemes (Northern Ireland) Order 2003 (S.I. 2003/3202 (N.I. 19))”

;
Paragraphs 48 and 49 were added by regulation 8 of S.R. 1990 No. 346
(j) for paragraphs 52, 53 and 54 substitute—

“52 Any council tax benefit.
53 1 If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Contributions and Benefits Act, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of that Act, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
2 If the claimant is in receipt of any pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
54 Any supplementary pension under Article 23(2) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.”

;
Paragraph 52 was added by regulation 4(7)(d) of S.R. 1993 No. 120 and amended by regulation 2(5)(b) of S.R. 1996 No. 449
Paragraph 53 was added by regulation 4(9)(d) of S.R. 1994 No. 77 and amended by regulation 2(9)(b) of S.R. 1995 No. 367
Paragraph 54 was added by regulation 2(10)(b) of S.R. 1994 No. 327 and amended by Article 2(3) and paragraph 12(8)(c) of Schedule 3 to S.R. 2005 No. 536
(k) for paragraph 56(1)(b) substitute—

“(b) equal to the amount specified in Article 23(2) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006.”

; and
Head (b) was amended by Article 2(3) and paragraph 12(8)(e)(ii) of Schedule 3 to S.R. 2005 No. 536
(l) omit paragraph 57.
Paragraph 57 was added by regulation 2(5)(c) of S.R. 1996 No. 449
7 In Schedule 10 (capital to be disregarded)—
(a) in paragraph 18 for “Part IV of the Order” substitute “Part 8 of the Contributions and Benefits Act”;
Paragraph 18 was substituted by regulation 14(a) of S.R. 1992 No. 147
(b) in paragraph 19 for “section 26 of the Finance Act 1982 (deductions of tax from certain loan interest)” substitute “section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax)”;
1988 c. 1
(c) in paragraph 38(1) for “3, 5, or 8 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 1989” substitute “5, 6 or 11 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004”;
Paragraphs 38, 39 and 41 were added by regulation 9(d) of S.R. 1990 No. 346; paragraph 41 was amended by regulation 2(11)(a) of S.R. 1994 No. 327
(d) for paragraph 39 substitute—

“39 Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to Article 13 of the Social Security (Northern Ireland) Order 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.”

;
(e) for paragraph 41 substitute—

“41 Any arrears of supplementary pension which is disregarded under paragraph 54 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 55 or 56 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.”

;
(f) omit paragraphs 45, 46 and 47; and
Paragraphs 45, 46 and 47 were added by regulation 2(6) of S.R. 1996 No. 449; paragraph 46 was amended by paragraph 1(6) of Schedule 2 to S.R. 2006 No. 407
(g) in paragraph 61 omit “within the meaning in section 25 of the Social Security Act 1989”.
Paragraph 61 was added by regulation 2(a) of S.R. 2001 No. 392 and amended by Article 2(3) and paragraph 12(9)(e) of Schedule 3 to S.R. 2005 No. 536
Reg. 2(1)-(5)(6)(a)(b)(d)(i)(e)-(l) (7) in operation at 5.1.2009, see reg. 1(1)
Reg. 2(6)(c) (6)(d)(ii) comes into operation in accordance with reg. 1(2)

3 Amendment of the Jobseeker’s Allowance Regulations
1 The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) to (7).
2 In regulation 1(2) (citation, commencement and interpretation)—
(a) after the definition of “attendance allowance” insert—

““the benefit Acts” means the Order, the Benefits Act and Part 1 of the Welfare Reform Act (Northern Ireland) 2007;”

;
2007 c. 2 (N.I.)
(b) in the definition of “concessionary payment” for “under the Order or the Benefits Act” substitute “or tax credits under the benefit Acts or the Tax Credits Act 2002”
2002 c. 21
(c) in the definition of “mobility supplement” for “Article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983” substitute “Article 20 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006”;
(d) for the definition of “war disablement pension” substitute—

““war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003;”

;
(e) after the definition of “war disablement pension” insert—

““war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension;”

; and
(f) for the definitions of “war widow’s pension” and “war widower’s pension” substitute—

““war widow’s pension” means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;
“war widower’s pension” means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;”

.
3 In regulations 11(3) (part-time students), 57(1) (interpretation of Part IV) in the definition of “training” and 75(1)(b) (interpretation), in each place it occurs, for “Department of Economic Development” substitute “Department for Employment and Learning”.
Regulation 75 was substituted by regulation 8 of S.R. 1997 No. 541 and paragraph (1)(b) was amended by regulation 8 of S.R. 1998 No. 198 and paragraph 32(a) and (b) of Schedule 2 to S.R. 2000 No. 350
4 In regulations 105(10)(a)(i) (notional income) and 113(3)(a)(i) (notional capital) for “Order or under the Benefits Act a payment from the Armed Forces and Reserved Forces Compensation Scheme, a war disablement pension or war widow’s pension or war widower’s pension” substitute “benefit Acts, a payment from the Armed Forces and Reserved Forces Compensation Scheme, a war disablement pension, war widow’s pension or war widower’s pension or a pension payable to a person as a widow, widower or surviving civil partner under any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown”.
Paragraph (10) was amended by regulation 2(1)(a) of S.R. 1998 No. 326, sub-paragraph (a) was amended by regulation 10(c)(i) of Schedule 2 to S.R. 2003 No. 195 and head (i) was amended by regulation 4(3) of S.R. 2002 No. 128, paragraph 10(c)(ii) of Schedule 2 to S.R. 2003 No. 195 and regulation 2(7) of S.R. 2005 No. 98
Paragraph (3) was amended by regulation 3(1)(a) of S.R. 1998 No. 326, sub-paragraph (a) was amended by regulation 13(a)(i) of Schedule 2 to S.R. 2003 No. 195 and head (i) was amended by regulation 4(4) of S.R. 2002 No. 128, paragraph 13(a)(ii) of Schedule 2 to S.R. 2003 No. 195 and regulation 2(7) of S.R. 2005 No. 98
5 In regulation 130 (interpretation) in the definition of “access funds” in sub-paragraph (e) for “National Assembly of Wales” substitute “Welsh Ministers”.
The definition of “access funds” was inserted by regulation 3(4)(a) of S.R. 2000 No. 242; sub-paragraph (e) was added by regulation 2(3)(b)(i) of S.R. 2002 No. 222
6 In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—
(a) in paragraph 7 omit “, or any mobility allowance accrued under the repealed section 37A of the Social Security (Northern Ireland) Act 1975”;
(b) for paragraph 8(b) substitute—

“(b) income support;
(c) an income-based jobseeker’s allowance; or
(d) an income-related employment and support allowance.”

;
Sub-paragraph (b) was amended by regulation 19(28)(a) of S.R. 2008 No. 286
(c) for paragraph 17 substitute—

“17 Subject to paragraphs 38 and 39, £10 of any of the following namely—
(a) a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 9 or 10);
(b) a war widow’s pension or war widower’s pension;
(c) a pension payable to a person as a widow, widower or surviving civil partner under any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;
(d) a guaranteed income payment and, if the amount of that payment has been abated to less than £10 by a payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005, so much of the pension payable under either of those schemes as would not, in aggregate with the amount of the guaranteed income payment disregarded, exceed £10;
(e) a payment made to compensate for the non-payment of such a pension or payment as is mentioned in any of the preceding sub-paragraphs;
(f) a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions or payments mentioned in sub-paragraphs (a) to (d);
(g) a pension paid to victims of the National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or the Republic of Austria;
(h) any widowed mother’s allowance paid pursuant to section 37 of the Benefits Act;
(i) any widowed parent’s allowance paid pursuant to section 39A of the Benefits Act.”

;
Paragraph 17 was amended by regulation 3(3) of S.R. 2000 No. 260, regulation 4(5)(a) of S.R. 2002 No. 128, regulation 2(11) of S.R. 2005 No. 98 and paragraph 23(12)(a) of Schedule 3 to S.R. 2005 No. 536
(d) in paragraph 26(1)—
(i) in head (b) for “Secretary of State under section 51” substitute “Scottish Ministers under section 51A”, and
Head (b) was substituted by regulation 8(7)(a) of S.R. 1998 No. 2 and amended by regulation 4(8)(b)(i) of S.R. 2005 No. 424
(ii) omit head (d);
Head (d) was substituted by regulation 3(2)(e) of S.R. 1997 No. 331
(e) omit paragraph 40;
(f) in paragraph 43 for “Order or the Benefits Act” substitute “benefit Acts”;
(g) omit paragraph 46;
(h) in paragraph 47(1) for “3, 5, or 8 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 1989” substitute “5, 6 or 11 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004”;
(i) for paragraph 48 substitute—

“48 Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to Article 13 of the Social Security (Northern Ireland) Order 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins).”

;
(j) for paragraphs 52 and 53 substitute—

“52 1 If the claimant is in receipt of any benefit under Part II, III or V of the Benefits Act, any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of that Act, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
2 If the claimant is in receipt of any pension or allowance under Part II or III of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
S.I. 2006/606
53 Any supplementary pension under Article 23(2) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.”

; and
Paragraph 53 was amended by Article 2(3) and paragraph 23(12)(c) of Schedule 3 to S.R. 2005 No. 536
(k) for paragraph 55(1)(b) substitute—

“(b) equal to the amount specified in Article 23(2) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006.”

.
Head (b) was amended by Article 2(3) and paragraph 23(12)(e)(ii) of Schedule 3 to S.R. 2005 No. 536
7 In Schedule 7 (capital to be disregarded)—
(a) in paragraph 12(1)(b) for “a jobseeker’s allowance” substitute “an income-based jobseeker’s allowance”;
Head (b) was amended by paragraph 24(a) of Schedule 2 to S.R. 2003 No. 195, regulation 4(3)(b) of S.R. 2003 No. 338, regulation 4(16)(a) of S.R. 2008 No. 112 and regulation 19(29)(a) of S.R. 2008 No. 286
(b) in paragraph 34 for “Order or under the Benefits Act” substitute “benefit Acts”;
(c) in paragraph 36(1) for “3, 5 or 8 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 1989” substitute “5, 6 or 11 of the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 2004”;
(d) for paragraph 37 substitute—

“37 Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to Article 13 of the Social Security (Northern Ireland) Order 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.”

;
(e) for paragraph 39 substitute—

“39 Any arrears of supplementary pension which is disregarded under paragraph 53 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 54 or 55 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.”

; and
(f) in paragraph 54 omit “within the meaning in section 25 of the Social Security Act 1989”.
Paragraph 54 was added by regulation 2(c) of S.R. 2001 No. 392 and amended by Article 2(3) and paragraph 23(13)(e) of Schedule 3 to S.R. 2005 No. 536
Reg. 3(1)-(5) (6)(a)(d)-(i) (k) (7)(b)-(f) in operation at 5.1.2009, see reg. 1(1)
Reg. 3(6)(b)(c)(j) (7)(a) comes into operation in accordance with reg. 1(2)

4 Amendment of the State Pension Credit Regulations
1 The State Pension Credit Regulations (Northern Ireland) 2003 are amended in accordance with paragraphs (2) to (6).
2 In regulation 1(2) (interpretation) in the definition of “attendance allowance” for paragraph (f) substitute—

“(f) any payment based on a need for attendance which is paid as part of a war disablement pension, or any other such payment granted in respect of disablement which falls within regulation 15(5)(ac);”

;
3 In regulation 15(5) (income for the purposes of the Act)—
(a) for sub-paragraph (a) substitute—

“(a) a payment made under—
(i) Article 30 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, in any case where Article 30(1)(b) applies, or
(ii) Article 12(8) of that Order, in any case where sub-paragraph (b) of that Article applies;”

;
(b) in sub-paragraph (ab) for “but only where the condition referred to in Article 23(2)(c) is met” substitute “in any case where Article 23(2)(c) applies”; and
Sub-paragraph (ab) was inserted by regulation 2(3) of S.R. 2005 No. 98
(c) after sub-paragraph (ab) insert—

“(ac) any retired pay, pension or allowance granted in respect of disablement or any pension or allowance granted to a widow, widower or surviving civil partner in respect of a death due to service or war injury under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 where such payment does not fall within paragraph (a) of the definition of “war disablement pension” in section 17(1) of the State Pension Credit Act (Northern Ireland) 2002 or, in respect of any retired pay or pension granted in respect of disablement, where such payment does not fall within paragraph (b) of that definition;
2003 c. 1; subsection (2) was inserted into section 639 by section 19(4) of the Finance Act 2005 (c. 7)”

.
4 In Schedule 4 (amounts to be disregarded in the calculation of income other than earnings)—
(a) in paragraph 1—
(i) after sub-paragraph (b) insert—

“(ba) unless sub-paragraph (a) or (b) applies, any payment described in regulation 15(5)(ac) (except insofar as such a payment falls to be disregarded under paragraph 2 or 3);”

;
(ii) in sub-paragraph (c) omit “the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 or the Pensions and Yeomanry Pay Act 1884, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and”;
Sub-paragraph (c) was amended by Article 2(3) and paragraph 30(4)(a) of Schedule 3 to S.R. 2005 No. 536
(iii) in sub-paragraph (cc) at the end add “and, if the amount of that payment has been abated to less than £10 by a payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005, so much of the pension payable under either of those schemes as would not, in aggregate with the amount of the guaranteed income payment disregarded, exceed £10”, and
Sub-paragraph (cc) was inserted by regulation 2(8)(a) and (9)(c) of S.R. 2005 No. 98
(iv) in sub-paragraph (d) for “sub-paragraphs (a) to (c)” substitute “the preceding sub-paragraphs”;
Sub-paragraph (d) was amended by regulation 2(8)(b) and (9)(c) of S.R. 2005 No. 98
(b) in paragraph 3 for “Article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983” substitute “Article 20 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006”;
(c) for paragraph 4 substitute—

“4 Any supplementary pension under Article 23(2) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.”

;
Paragraph 4 was amended by Article 2(3) and paragraph 30(4)(b) of Schedule 3 to S.R. 2005 No. 536
(d) for paragraph 6(1)(b) substitute—

“(b) equal to the amount specified in Article 23(2) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006.”

;
Sub-paragraph (b) was amended by Article 2(3) and paragraph 30(4)(d)(ii) of Schedule 3 to S.R. 2005 No. 536
(e) in paragraph 12—
(i) for “pension under Part IV of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983” substitute “pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006”, and
(ii) omit “spouse or civil”; and
Paragraph 12 was amended by Article 2(3) and paragraph 30(4)(e) of Schedule 3 to S.R. 2005 No. 536
(f) omit paragraph 17.
Paragraph 17 was added by regulation 2(10)(f) of S.R. 2003 No. 421
5 In Schedule 5 (income from capital)—
(a) paragraph 14 shall be renumbered as paragraph 14(1) and at the end add—

“2 In sub-paragraph (1), “war disablement pension” and “war widow’s or widower’s pension” include any payment described in regulation 15(5)(ac).”

;
(b) in paragraph 17 after “18 to 20” insert “or 20B”;
(c) in paragraph 20(2)(i) for “a war widow’s or widower’s pension” substitute “any other such amount described in regulation 15(5)(ac)”; and
Head (i) was amended by regulation 2(11)(e)(iii) of S.R. 2003 No. 421
(d) after paragraph 20A insert—

“20B Any arrears of supplementary pension which is disregarded under paragraph 4 of Schedule 4 (amounts to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 5 or 6 of that Schedule.”

.
Paragraph 20A was substituted by regulation 2(11)(f) of S.R. 2003 No. 421
6 In Schedule 6 (sums disregarded from claimant’s earnings) in paragraph 4(1)(a)(v) for “Article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983” substitute “Article 20 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006”.
Reg. 4(1)(2) (3)(b)(c) (4)(a)(i)(ii) (4)(b)-(d)(f) (5)(a)(c) (6) in operation at 5.1.2009, see reg. 1(1)
Reg. 4(3)(a) (4)(a)(iii)(iv) (e) (5)(b) (d) comes into operation in accordance with reg. 1(2)

5 Amendment of the Housing Benefit Regulations
1 The Housing Benefit Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) to (6).
S.R. 2006 No. 405; relevant amending Regulation is S.R. 2008 No. 179
2 In regulation 2(1) (interpretation)—
(a) in the definition of “concessionary payment” for “under the Act” substitute “under the benefit Acts or the Tax Credits Act”; and
(b) for the definition of “war widower’s pension” substitute—

““war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003;
“war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension;
“war widow’s pension” means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;
“war widower’s pension” means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;”

.
3 In regulation 25(11)(d)(vi) (treatment of child care charges) for “under a war pension scheme or” substitute “paid as part of a war disablement pension or under”.
4 In regulation 50(1) (interpretation) in the definition of “access funds” in sub-paragraph (e) for “National Assembly for Wales” substitute “Welsh Ministers”.
5 In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—
(a) in paragraph 15—
(i) in sub-paragraph (c) omit “the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 or the Pensions and Yeomanry Pay Act 1884 or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and”, and
(ii) in sub-paragraph (d) at the end add “and, if the amount of that payment has been abated by a payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005, an amount of the pension payable under either of those schemes equal to the amount of that abatement”;
(b) in paragraph 26(1)—
(i) in head (c) for “section 51” substitute “section 51A”, and
(ii) omit head (d);
(c) omit paragraphs 40 and 45;
(d) in paragraph 46(1) for “or 10” substitute “or 11”;
Sub-paragraph (1) was amended by regulation 3(10)(b) of S.R. 2008 No. 179
(e) for paragraph 47 substitute—

“47 Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to Article 13 of the Social Security (Northern Ireland) Order 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins).
S.I. 1988/594 (N.I. 2); Article 13 was substituted by Article 3 of the Food Benefit Schemes (Northern Ireland) Order (S.I 2003/3202 (N.I. 19))”

; and
(f) for paragraphs 54 and 55 substitute—

“54 1 If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Act, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of that Act, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
2 If the claimant is in receipt of any pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
55 Any supplementary pension under Article 23(2) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.”

.
6 In Schedule 7 (capital to be disregarded)—
(a) for paragraph 40 substitute—

“40 Any arrears of supplementary pension which is disregarded under paragraph 55 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 55 or 56 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.”

;
(b) in paragraph 41(1) for “or 10” substitute “or 11”;
Sub-paragraph (1) was amended by regulation 3(11) of S.R. 2008 No. 179
(c) for paragraph 42 substitute—

“42 Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to Article 13 of the Social Security (Northern Ireland) Order 1988 (in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.”

;
(d) in paragraph 53 omit “within the meaning of section 25 of the Social Security Act 1989”.
Reg. 5 in operation at 5.1.2009, see reg. 1(1)

6 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
1 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) to (7).
S.R. 2006 No. 406; relevant amending Regulation is S.R. 2007 No. 153
2 In regulation 2(1) (interpretation)—
(a) for the definition of “concessionary payment” substitute—

““concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged to a Departmental Expenditure Vote to which payments of benefit or tax credits under the benefit Acts or the Tax Credits Act are charged”

; and
(b) for the definition of “war widower’s pension” substitute—

““war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003;
“war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension;
“war widow’s pension” means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;
“war widower’s pension” means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;”

.
2003 c. 1; Sub-section (2) was inserted into section 639 by section 19(4) of the Finance Act 2005 (c. 7)
3 In regulation 22(1) (circumstances in which income of non-dependant is to be treated as claimant’s) for “income support or an income-based jobseeker’s allowance” substitute “a guarantee credit”.
4 In regulation 27(1) (meaning of “income”)—
(a) in sub-paragraph (f) for “but only where the condition referred to in article 23(2)(c) is met” substitute “in any case where Article 23(2)(c) applies”; and
(b) for sub-paragraph (j) substitute—

“(j) a payment made—
(i) under Article 30 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, in any case where Article 30(1)(b) applies, or
(ii) under Article 12 of that Order, in any case where Article 12(8)(b) applies;”

.
5 In regulation 29(11)(d)(vi) (treatment of child care charges) for “under a war pension scheme” substitute “paid as part of a war disablement pension or under”.
6 In Schedule 6 (amounts to be disregarded in the calculation of income other than earnings)—
(a) in paragraph 1—
(i) in sub-paragraph (c) omit “the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 or the Pensions and Yeomanry Pay Act 1884, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and”, and
(ii) in sub-paragraph (d) at the end add “and, if the amount of that payment has been abated by a payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005, an amount of the pension payable under either of those schemes equal to the amount of that abatement”;
(b) in paragraph 5 at the end add “and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.”;
(c) in paragraph 14 for “pension under Part III” substitute “pension or allowance under Part 2 or 3” and omit “spouse or civil”;
(d) in paragraph 22 after “satisfies” insert “any of”; and
Paragraph 22 was amended by Article 20(9) of S.R. 2007 No. 153
(e) omit paragraph 24.
7 In Schedule 7 (capital to be disregarded)—
(a) in paragraphs 15 and 21(2)(i) for “war disablement pension or a war widow’s or widower’s pension” substitute “war pension”;
(b) in paragraph 18 for “or 21” substitute “, 21 or 28A”; and
(c) after paragraph 28 insert—

“28A Any arrears of supplementary pension which is disregarded under paragraph 5 of Schedule 6 (amounts to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 6 or 7 of that Schedule.”

.
Reg. 6 in operation at 5.1.2009, see reg. 1(1)

7 Amendment of the Housing Benefit (Consequential Provisions) Regulations
In Schedule 4 to the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (transitory modifications) omit paragraphs 2(4) to (6) and 3(2)(b) and (c).
Reg. 7 in operation at 5.1.2009, see reg. 1(1)
S.R. 2006 No. 407

8 Amendment of the Employment and Support Allowance Regulations
1 The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended in accordance with paragraphs (2) to (4).
2 In regulation 2(1) (interpretation)—
(a) in the definition of “concessionary payment” omit “either to the Northern Ireland National Insurance Fund or”;
(b) in the definition of “war disablement pension” for “retirement pay,” substitute “retired pay or”; and
(c) in the definitions of “war widow’s pension” and “war widower’s pension” for “means a pension” substitute “means any pension or allowance”.
3 In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—
(a) in paragraph 16(d) at the end add “and, if the amount of that payment has been abated to less than £10 by a payment under the Armed Forces Pension Scheme 1975 or the Armed Forces Pension Scheme 2005, so much of the pension payable under either of those schemes as would not, in aggregate with the amount of the guaranteed income payment disregarded, exceed £10”; and
(b) for paragraph 49 substitute—

“49 1 If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Contributions and Benefits Act, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of that Act, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
2 If the claimant is in receipt of any pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006, any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
S.I. 2006/606”

.
4 In Schedule 9 (capital to be disregarded) in paragraph 50 for “war pension within the meaning of section 25 of the Social Security Act 1989” substitute “war disablement pension, war widow’s pension or war widower’s pension”.
Reg. 8(1)(2) (3)(b) (4) in operation at 5.1.2009, see reg. 1(1)
Reg. 8(3)(a) comes into operation in accordance with reg. 1(2)

9 Revocations
The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).
Reg. 9 in operation at 5.1.2009, see reg. 1(1)
Sealed with the Official Seal of the Department for Social Development on 11th December 2008
(L.S.) John O’Neill A senior officer of the Department for Social Development
The Department of Finance and Personnel consents to regulations 5, 6 and 7.
Sealed with the Official Seal of the Department of Finance and Personnel on 12th December 2008
(L.S.) Adrian Arbuthnot A senior officer of the Department of Finance and Personnel

SCHEDULE Revocations
Regulation 9
Column (1) Citation	Column (2) Reference	Column (3) Extent of revocation
The Income-Related Benefits (Amendment) Regulations (Northern Ireland) 1993	S.R. 1993 No. 120	Regulation 4(7)(d)
The Income-Related Benefits (Miscellaneous Amendments) Regulations (Northern Ireland) 1994	S.R. 1994 No. 77	Regulation 4(9)(d)
The Income-Related Benefits and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations (Northern Ireland) 1995	S.R. 1995 No. 367	Regulation 2(9)(b)
The Income-Related Benefits (Widows’ etc. Pensions Disregards) (Amendment) Regulations (Northern Ireland) 1995	S.R. 1995 No. 481	Regulation 2(1)(a) and (b)
The Income Support and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996	S.R. 1996 No. 449	Regulation 2(5) and (6)
The Social Security (Bereavement Benefits Amendment) Regulations (Northern Ireland) 2000	S.R. 2000 No. 260	Regulation 3(3)
The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2002	S.R. 2002 No. 128	Regulations 2(2) and 4(3), (4), (5)(a) and (b)
The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2005	S.R. 2005 No. 98	Regulation 2(7) and (11)
The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order (Northern Ireland) 2005	S.R. 2005 No. 536	Paragraphs 12(2)(c) and (8)(c) and (e)(ii), 23(12)(a), (c) and (e)(ii) and 30(4)(b) and (d)(ii)
The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006	S.R. 2006 No. 407	Paragraph 1(5) and (6) of Schedule 2
The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2007	S.R. 2007 No. 306	Regulation 3(2)(d)
The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2008	S.R. 2008 No. 179	Regulation 3(10)(b) and (11)
The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008	S.R. 2008 No. 286	Regulations 12(14)(a) and 19(28)(a)
Sch. in operation at 5.1.2009, see reg. 1(1)

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 Housing Benefit Regulations (Northern Ireland) 2006;
the Housing Benefit Regulations (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006;
the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006;
the State Pension Credit Regulations (Northern Ireland) 2003, and
the Employment and Support Allowance Regulations (Northern Ireland) 2008.
The main purpose of these Regulations is to align where possible the income and capital disregard provisions in the means-tested social security benefits, to ensure a consistent approach to means tests across the legislation listed above.
These Regulations also introduce a new disregard to enable the war pensions disregard to continue to apply, where appropriate, when the amount of war pension has been abated by an Armed Forces Pension Scheme payment.
These Regulations also make minor technical amendments, update some outdated references and revoke some redundant provisions from the Regulations referred to above.
Regulation 1 provides for citation and commencement and interpretation. Subject to the various definitions of “benefit week” in certain Regulations, these Regulations will come into operation on 5th January 2009.
In so far as these Regulations are required, for the purposes of regulations 5, 6 and 7, 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.