Statutory Rules of Northern Ireland
Housing; Rates; Social Security
Made
14th June 2013
Coming into operation
1st July 2013
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) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M1, Articles 6(5) and (12) and 36(2) of, and paragraph 11 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995 M2, section 115(3), (4) and (8) of the Immigration and Asylum Act 1999 M3, and now vested in it M4, sections 1(5)(a) and 19(1) and (3) of the State Pension Credit Act (Northern Ireland) 2002 M5 and sections 4(3) and 25(2)of the Welfare Reform Act (Northern Ireland) 2007 M6.
Regulations 5 and 6 are made with the consent of the Department of Finance and Personnel M7.
The Social Security Advisory Committee has agreed that proposals in respect of regulations 5 and 6 should not be referred to it M8.
Marginal Citations
M11992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)
M2S.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 (S.I. 1999/671)
M4See Article 8(b) of S.R. 1999 No. 481
M7See 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
M8See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)
1.—(1) These Regulations may be cited as the Social Security (Croatia) (Amendment) Regulations (Northern Ireland) 2013 and shall come into operation on 1st July 2013.
(2) The Interpretation Act (Northern Ireland) 1954 M9 shall apply to these Regulations as it applies to an Act of the Assembly.
Marginal Citations
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
8. In paragraph 1 of Part II of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 M10, after “on 17th March 1993” add “ as modified or supplemented from time to time. ”.
Marginal Citations
M10S.R. 2000 No.71
9. The Social Security (Bulgaria and Romania) (Amendment) Regulations (Northern Ireland) 2006 M11 and regulations 7(3), 10(5), 14(3), 19(3), 20(3) and 21(7) of the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 M12 are revoked.
Sealed with the Official Seal of the Department for Social Development on 14th June 2013
L.S.
Stephen McMurray
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 14th June 2013
L.S.
John McKibbin
A senior officer of the
Department of Finance and Personnel
(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, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 and the Employment and Support Allowance Regulations (Northern Ireland) 2008 (“the Income-related Benefit Regulations”) in consequence of the accession of Croatia to the European Union on 1st July 2013.
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 Croatia who are subject to the worker authorisation scheme established by the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 and who are treated as workers pursuant to those Regulations. This adds to the exemption category, inserted on 1st January 2007, for nationals of Bulgaria and Romania who are subject to the worker authorisation scheme and who are treated as workers pursuant to the Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/ 3317).
Regulation 8 amends paragraph 1 of Part II of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 in order to update the reference to the Agreement on the European Economic Area.
Regulation 9 makes consequential revocations.
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.