Statutory Rules of Northern Ireland
2010 No. 69
Housing; Rates; Social Security
The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010
Coming into operation in accordance with regulation 1
The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 129(2), 131(1), 132(3) and (4), 132A(2) and (3), 133(2)(d), (f) and (i), 134(1)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(), sections 5(1)(h) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992(), Articles 5(1)(f)(iii), 5A(1)(e)(ii), 6(5), 14(4)(a) to (c), 22B(4) and (6), and 36(2) of, and paragraphs 1(2)(b) and 8A(1) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995() and paragraph 8 of Schedule 1 to the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997(), and now vested in it(), and sections 2(3)(b), 7(7)(a), 15(1)(f) and (6)(a) and (b) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002() and sections 4(2), 17(1) and (3)(a) and (b) and 25(2) of the Welfare Reform Act (Northern Ireland) 2007().
Regulations 8 and 9 are made with the consent of the Department of Finance and Personnel().
The Social Security Advisory Committee has agreed that proposals in respect of regulations 8 and 9 should not be referred to it().
Citation, commencement and interpretationN.I.
1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010 and, subject to paragraphs (2) to (4), shall come into operation on 6th April 2010.
(2) This regulation shall come into operation on 1st April 2010.
(3) The following provisions shall come into operation on 5th April 2010 in relation to any case where rent is payable at intervals of a week, or any multiple of whole weeks, and in any other case on 1st April 2010—
(a)regulation 8(1) to (3), (5) to (7), (9) and (10); and
(b)regulation 9(1) to (3) and (5).
(4) The following provisions shall come into operation on 13th April 2010—
(a)regulation 2(9);
(b)regulation 4(11); and
(c)regulation 6(4) and (5).
(5) The Interpretation Act (Northern Ireland) 1954() shall apply to these Regulations as it applies to an Act of the Assembly.
Valid from 06/04/2010
Amendment of the Income Support (General) RegulationsN.I.
2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987() are amended in accordance with paragraphs (2) to (10).
(2) In regulation 2(1) (interpretation) after the definition of “the Macfarlane (Special Payments) (No. 2) Trust”() insert—
““MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;”.
(3) In—
(a)regulation 2(1) in the definition of “qualifying person”();
(b)regulation 42(4ZA)(a)() (notional income);
(c)regulation 48(10)(c)() (income treated as capital);
(d)regulation 51(3A)(a)() (notional capital);
(e)Schedule 3 (housing costs), paragraph 18(8)(b)();
(f)Schedule 9 (sums to be disregarded in the calculation of income other than earnings), paragraph 21(2)() and paragraph 39(1)() and (7)(); and
(g)Schedule 10 (capital to be disregarded), paragraph 22(1)() and (7)(),
after “Eileen Trust” insert “, MFET Limited”.
(4) In regulation 6(1)(c) (persons not treated as engaged in remunerative work) after “earnings)” insert “and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work;”.
(5) In regulation 13(2)(dd)() (circumstances in which persons in relevant education are to be entitled to income support) after “and their families)” insert “or Part II of the Children (Scotland) Act 1995 (promotion of children’s welfare by local authorities and by children’s hearings etc.)”.
(6) In regulation 42 in—
(a)paragraph (2)(g)() for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”;
(b)paragraph (2ZA)() for “age of 60” substitute “qualifying age for state pension credit”; and
(c)paragraph (2A)() for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.
(7) In—
(a)regulation 42(4ZA)(a);
(b)regulation 48(10)(c);
(c)regulation 51(3A)(a);
(d)Schedule 3, paragraph 18(8)(b) where it first occurs;
(e)Schedule 9, paragraph 39(1) to (5)(); and
(f)Schedule 10, paragraphs 22(1) to (5)() and 29(),
after “under” insert “or by”.
(8) In regulation 51 in paragraph (2)(da)() for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.
(9) In Schedule 2 (applicable amounts) in paragraph 1(3)(a)(ii), paragraph 1(3)(e)(i), paragraph 1(3)(f)(i) and paragraph 1(3)(g)(i)() after “regulation 4ZA” insert “or income-related employment and support allowance”.
(10) In Schedule 10 in paragraph 29 after “the Fund” insert “, MFET Limited”.
Valid from 06/04/2010
Amendment of the Social Security (Claims and Payments) RegulationsN.I.
3. In regulation 7 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987() (evidence and information) in paragraph (4)() for “is aged not less than 60”, substitute “has attained the qualifying age”.
Valid from 06/04/2010
Amendment of the Jobseeker’s Allowance RegulationsN.I.
4.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996() are amended in accordance with paragraphs (2) to (13).
(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “maternity leave”() insert—
““MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;”.
(3) In—
(a)regulation 1(2) in the definition of “qualifying person”();
(b)regulation 105(10A)(a)() (notional income);
(c)regulation 110(10)(c)() (income treated as capital);
(d)regulation 113(3A)(a)() (notional capital);
(e)Schedule 2 (housing costs), paragraph 17(8)(b)() (non-dependant deductions);
(f)Schedule 6 (sums to be disregarded in the calculation of income other than earnings), paragraph 22(2)(); and
(g)Schedule 7 (capital to be disregarded), paragraphs 27(1)() and 31(),
after “Eileen Trust” insert “, MFET Limited”.
(4) In regulation 3E(2)(i)() (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple) for “7 weeks after the date on which the pregnancy ends where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003”, substitute “28 weeks after the date on which the pregnancy ends”.
(5) In regulation 53(a) (persons treated as not engaged in remunerative work) after “earnings)” insert “and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work;”.
(6) In regulation 57(4)(a) (interpretation of Part IV), subject to paragraph (13), omit—
(a)paragraph 10 (disabled students);
(b)paragraph 12 (deaf students); and
(c)paragraph 13 (blind persons).
(7) In regulation 105 in—
(a)paragraph (2)(g)() for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”;
(b)paragraph (2B)() for “age of 60” substitute “qualifying age for state pension credit”;
(c)paragraph (3)() for “aged not less than 60” substitute “ who has attained the qualifying age for state pension credit”.
(8) In—
(a)regulation 105(10A)(a);
(b)regulation 110(10)(c);
(c)regulation 113(3A)(a);
(d)Schedule 2, paragraph 17(8)(b) where it first occurs;
(e)Schedule 6, paragraph 41(1) to (5)(); and
(f)Schedule 7, paragraphs 27(1) to (5)() and 31,
after “under” insert “or by”.
(9) In regulation 113(2)(da)() for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.
(10) In regulation 130 (interpretation) after the definition of “grant income” insert—
““last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;”.
(11) For regulation 146G(1)() (applicable amount in hardship cases for joint-claim couples), substitute—
“(1) The weekly applicable amount of the joint-claim couple to whom a joint-claim jobseeker’s allowance is payable in accordance with this Part of these Regulations shall be reduced by a sum equivalent to—
(a)20% of the amount specified in paragraph 1(1)(e) of Schedule 1 in a case where a member of a joint-claim couple is—
(i)either pregnant or seriously ill, or
(ii)a member of a polygamous marriage and one of the members of that marriage is pregnant or seriously ill, or
(b)40% of the amount specified in paragraph 1(1)(e) of Schedule 1 in all other cases.”
(12) In Schedule 6 in paragraph 41—
(a)in sub-paragraph (1) after “(“the Trusts”)”, and
(b)in sub-paragraph (7)() after “Skipton Fund”;
insert “, MFET Limited”.
(13) The provisions omitted by paragraph (6) continue to have effect in relation to a person referred to in regulation 2(2) of the Income Support (Prescribed Categories of Person) Regulations (Northern Ireland) 2009().
Valid from 06/04/2010
Amendment of the Social Security (Recovery of Benefits) RegulationsN.I.
5. In regulation 2(2) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997() (exempted trusts and payments) after sub-paragraph (k)() add—
“(l)any payment made by MFET Limited, the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products.”.
Valid from 06/04/2010
Amendment of the State Pension Credit RegulationsN.I.
6.—(1) The State Pension Credit Regulations (Northern Ireland) 2003() are amended in accordance with paragraphs (2) to (7).
(2) In regulation 1(2) (citation, commencement and interpretation)—
(a)after the definition of “equity release scheme”() insert—
““foreign state retirement pension” means any pension which is paid under the law of a country outside the United Kingdom and is in the nature of social security;”; and
(b)after the definition of “the Macfarlane (Special Payments) (No. 2) Trust” insert—
““MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;”.
(3) In—
(a)regulation 1(2) in the definition of “qualifying person”();
(b)Schedule 2 (housing costs), paragraph 14(8)(b)(); and
(c)Schedule 5 (income from capital), paragraph 15(1)() and (7)(),
after “the Eileen Trust” insert “, MFET Limited”.
(4) The provisions of regulation 11 (retirement provision in assessed income period) become paragraph (1) of that regulation, and after that paragraph (as renumbered) add—
“(2) For the purposes of section 7(6) of the Act, a foreign state retirement pension is to be treated as a benefit under the Contributions and Benefits Act.”.
(5) For regulation 15(2) (income for the purposes of the Act), substitute—
“(2) For the purposes of section 15(1)(f) of the Act, income includes—
(a)all foreign social security benefits which are similar to the social security benefits prescribed under paragraph (1), and
(b)any foreign state retirement pension.”.
(6) In regulation 18(2) (notional income) for “aged not less than 60” substitute “who has attained the qualifying age”.
(7) In Schedule 5 (income from capital) in paragraph 15(1) to (5)() after “under” insert “or by”.
Valid from 06/04/2010
Amendment of the Social Fund Maternity and Funeral Expenses (General) RegulationsN.I.
7. In regulation 10(2) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005() (deductions from an award of a funeral payment)—
(a)in paragraph (2)—
(i)after “under” insert “or by”;
(ii)omit the “or” at the end of sub-paragraph (g)(), and
(iii)after sub-paragraph (h) add—
“or
(i)MFET Limited,”; and
(b)in paragraph (3)() after “Eileen Trust” insert “, MFET Limited”.
Amendment of the Housing Benefit RegulationsN.I.
8.—(1) The Housing Benefit Regulations (Northern Ireland) 2006() are amended in accordance with paragraphs (2) to (10).
(2) In regulation 2(1) (interpretation)—
(a)after the definition of “maximum rent (LHA)”() insert—
““MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;” and
(b)after the definition of “the Skipton Fund” insert—
““special account” means an account as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker’s Allowance Regulations or Chapter 5 of Part 10 of the Employment and Support Allowance Regulations;”.
(3) In—
(a)regulation 2(1) in the definition of “qualifying person”;
(b)regulation 39(7)(a)() (notional income);
(c)regulation 43(6)() (income treated as capital);
(d)regulation 46(4)(a)() (notional capital);
(e)regulation 72(9)(b)() (non-dependant deductions);
(f)regulation 82(4)(a)(ii) (evidence and information);
(g)Schedule 6 (sums to be disregarded in the calculation of income other than earnings), paragraph 37(1)() and (7); and
(h)Schedule 7 (capital to be disregarded), paragraph 25(1)() and (7),
after “Eileen Trust” insert “, MFET Limited”.
(4) In regulation 39(2)(c)() for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.
(5) In—
(a)regulation 39(7)(a);
(b)regulation 43(6);
(c)regulation 46(4)(a);
(d)regulation 72(9)(b) where it first occurs;
(e)regulation 82(4)(a)(ii);
(f)Schedule 6, paragraph 37(1) to (5); and
(g)Schedule 7, paragraphs 25(1) to (5) and 35(),
after “under” insert “or by”.
(6) In regulation 43(7) omit “(as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker’s Allowance Regulations)”.
(7) In regulation 53(2A)() (full-time students to be treated as not liable to make payments in respect of a dwelling) after “begun” insert “, or been enrolled or accepted onto,”.
(8) In regulation 82(5)() for “is aged not less than 60” substitute “has attained the qualifying age for state pension credit”.
(9) In Schedule 6—
(a)in paragraph 13(1)(a) for “or severe disablement allowance” substitute “, severe disablement allowance or employment and support allowance”; and
(b)in paragraph 60(2) omit “as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker’s Allowance Regulations”.
(10) In Schedule 7 in paragraph 35 after “the Fund” insert “, MFET Limited”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) RegulationsN.I.
9.—(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 (6).
(2) In regulation 2(1) (interpretation) after the definition of “maximum rent (LHA)”() insert—
““MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;”.
(3) In—
(a)regulation 2(1) in the definition of “qualifying person”;
(b)regulation 53(10)(b)() (non-dependant deductions);
(c)regulation 63(4)(a)(ii) (evidence and information); and
(d)Schedule 7 (capital to be disregarded), paragraph 16(1)(a),
after “Eileen Trust” insert “, MFET Limited”.
(4) In regulation 39(4)() (notional income) for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.
(5) In—
(a)regulation 53(10)(b) where it first occurs;
(b)regulation 63(4)(a)(ii); and
(c)Schedule 7, paragraph 16(1) to (5)(),
after “under” insert “or by”.
(6) In regulation 63(5)() for “is aged not less than 60” substitute “has attained the qualifying age for state pension credit”.
Valid from 06/04/2010
Amendment of the Employment and Support Allowance RegulationsN.I.
10.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008() are amended in accordance with paragraphs (2) to (6).
(2) In regulation 2(1) (interpretation) after the definition of “the Mental Health Order” insert the following definition—
““MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;”.
(3) In—
(a)regulation 2(1) in the definition of “qualifying person”;
(b)regulation 107(5)(a) (notional income-income due to be paid or income paid to or in respect of a third party);
(c)regulation 112(8) (income treated as capital);
(d)regulation 115(5)(a) (notional capital);
(e)Schedule 6 (housing costs), paragraph 19(8)(b);
(f)Schedule 8 (sums to be disregarded in the calculation of income other than earnings), paragraphs 21(2) and 40(1) and (7); and
(g)Schedule 9 (capital to be disregarded), paragraphs 27(1) and (7) and 31,
after “Eileen Trust” insert “, MFET Limited”.
(4) In regulation 106 (notional income-deprivation and income on application) in—
(a)paragraph (2)(g) for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”;
(b)paragraph (3) for “age of 60”, substitute “qualifying age for state pension credit”; and
(c)paragraph (4) for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.
(5) In—
(a)regulation 107(5)(a);
(b)regulation 112(8);
(c)regulation 115(5)(a);
(d)Schedule 6, paragraph 19(8)(b) where it first occurs;
(e)Schedule 8, paragraph 40(1) to (5); and
(f)Schedule 9, paragraph 27(1) to (5),
after “under” insert “or by”.
(6) In regulation 115(2)(e) for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.
Valid from 06/04/2010
Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) RegulationsN.I.
11. In regulation 7(2) of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008() (exempted trusts and payments) after sub-paragraph (h) add—
“(i)any payment made from MFET Limited, the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products.”.
Valid from 06/04/2010
RevocationN.I.
12. Regulation 3 of the Income Support (General) and Jobseeker’s Allowance (Amendment No. 2) Regulations (Northern Ireland) 2002() is hereby revoked.
Sealed with the Official Seal of the Department for Social Development on 8th March 2010
(L.S.)
Anne McCleary
A senior officer of the Department for Social Development
The Department of Finance and Personnel consents to regulations 8 and 9.
Sealed with the Official Seal of the Department of Finance and Personnel on 9th March 2010
(L.S.)
Jack Layberry
A senior officer of the Department of Finance and Personnel
EXPLANATORY NOTE
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 Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997 (“the Social Security (Recovery of Benefits) Regulations”);
the State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”);
the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005;
the Housing Benefit Regulations (Northern Ireland) 2006 (“the Housing Benefit Regulations”);
the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (“the Housing Benefit SPC Regulations”);
the Employment and Support Allowance Regulations (Northern Ireland) 2008, (“the Employment and Support Allowance Regulations”); and
the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008,
to introduce disregards or exemptions in respect of payments by “MFET Limited”. MFET Limited is a company limited by guarantee (number 7121661), established and funded by the Secretary of State, for the benefit of persons who have acquired HIV as a result of treatment by the NHS with blood or blood products.
Regulations 2 to 4 and 6, 8, 9 and 10 amend the Income Support Regulations, the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987; the Jobseeker’s Allowance Regulations, the State Pension Credit Regulations, the Housing Benefit Regulations, the Housing Benefit (SPC) Regulations and the Employment and Support Allowance Regulations to change references from “age 60” to “the qualifying age” or “the qualifying age for state pension credit” when considering notional income or notional capital, and in relation to the supply of information on income and capital.
Regulation 2 amends the Income Support Regulations to:
provide that where the claimant has a partner aged under 18 who is sick, and the partner claims employment and support allowance rather than income support for their period of sickness, the couple will be eligible for the higher rate; and
include access to income support for certain young people coming to live in Northern Ireland who have ceased to live in accommodation provided by local authorities in Scotland.
Regulations 2 and 4 amend the Income Support Regulations and the Jobseeker’s Allowance Regulations to introduce a definition of volunteer.
Regulation 4 amends the Jobseeker’s Allowance Regulations to:
amend the period in which a member of a joint-claim couple will be entitled to jobseeker’s allowance without having to make a joint claim because she has recently given birth, to be up to 28 weeks after the birth of the child;
remove references to paragraphs as a consequence of recent changes made to the Income Support Regulations, concerning persons eligible to claim income support rather than Jobseeker’s Allowance;
insert an interpretation for “last day of the course” for students; and
correct a small drafting error in provisions relating to hardship cases for joint-claim couples.
Regulation 6 amends the State Pension Credit Regulations to provide for foreign state retirement pensions to be treated in the same way as foreign social security benefits.
Regulation 8 amends the Housing Benefit Regulations to—
extend the coverage of the second chance learning provision to also include young people under 21, where they were enrolled or accepted onto a course before reaching the age of 19. Second chance learning provisions refer to educational courses that do not lead to a Higher National Certificate or higher qualification, or equivalent qualifications, and
bring the treatment of employment and support allowance payments to those claimants who are receiving assistance under the self-employment route, as defined in those Regulations, and training allowance paid as a substitute for employment and support allowance payments, in line with the treatment of other social security benefits.
Regulation 12 makes a consequential revocation.
In so far as these Regulations are required, for the purposes of regulations 8 and 9, 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.