Citation, commencement and interpretation1

1

These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2013 and shall come into operation on 29th October 2013.

2

The Interpretation Act (Northern Ireland) 1954 M1 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Social Security (Credits) Regulations2

Omit regulation 8A(4) of the Social Security (Credits) Regulations (Northern Ireland) 1975 M2 (credits for unemployment).

Amendment of the Income Support Regulations3

1

The Income Support (General) Regulations (Northern Ireland) 1987 M3 are amended in accordance with paragraphs (2) to (5).

2

In regulation 4ZA M4 (prescribed category of person) omit paragraph (3)(a) M5.

3

In regulation 13(2) M6 (circumstances in which persons in relevant education are to be entitled to income support) omit sub-paragraph (bc) M7.

4

In regulation 21AA(4) M8 (special cases: supplemental—persons from abroad)—

a

for sub-paragraph (h) M9 substitute—

h

a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 M10 where that leave is—

i

discretionary leave to enter or remain in the United Kingdom;

ii

leave to remain under the Destitution Domestic Violence concession M11, or

iii

leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005 M12;

b

at the end of sub-paragraph (hh) add “ or ”; and

c

omit sub-paragraphs (j) and (k) M13.

5

Omit regulation 22B M14 (period for which applicable amount is to be calculated where person not excluded from income support under section 115 of the Immigration and Asylum Act).

Amendment of the Social Security (Claims and Payments) Regulations4

1

The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 M15 are amended in accordance with paragraphs (2) and (3)

2

In regulation 5 (amendment and withdrawal of claim) for paragraph (1) M16 substitute—

1

A person who has made a claim for benefit may amend it at any time before a determination has been made on the claim by notice in writing received at an appropriate office, by telephone call to a telephone number specified by the Department or in such other manner as the Department may decide or accept.

1A

Any claim amended in accordance with paragraph (1) may be treated as if it had been so amended in the first instance.

3

In paragraph 4 (miscellaneous accommodation costs) of Schedule 8A M17 (deductions from benefits and direct payment to third parties)—

a

in sub-paragraph (1) M18 for head (b) substitute—

b

in the case of state pension credit, is made to a person residing in—

i

a nursing home or residential care home as defined in regulation 1(2) of the State Pension Credit Regulations,

ii

an independent hospital as defined in regulation 1(2) of those Regulations,

iii

an establishment run by the Abbeyfield Society (including all bodies corporate or incorporate which are affiliated to the Society), or

iv

accommodation provided under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 M19.

b

in sub-paragraph (2)(a) M20 for “regulation 15(7)(c) of the State Pension Credit Regulations” substitute “ sub-paragraph (1)(b)(ii) ”.

Amendment of the Jobseeker's Allowance Regulations5

In regulation 85A(4) (special cases: supplemental – persons from abroad) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996 M21 for sub-paragraph (h) substitute—

h

a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 where that leave is—

i

discretionary leave to enter or remain in the United Kingdom;

ii

leave to remain under the Destitution Domestic Violence concession, or

iii

leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005;

a

at the end of sub-paragraph (hh) add “ or ”; and

b

omit sub-paragraphs (j) and (k) M22.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations6

After paragraph 3(e) of Schedule 2C of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 M23 (date from which change of circumstances takes effect where a claimant is entitled to employment and support allowance) add—

f

regulation 9 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 M24 (persons in care homes) applies, or ceases to apply, to the claimant for a period of less than one week.

Amendment of the Social Security (Immigration and Asylum) Consequential Regulations7

1

The Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 M25 are amended in accordance with paragraphs (2) and (3).

2

Omit regulation 2(8) M26 (persons not excluded from specified benefits under section 115 of the Act).

3

Omit paragraph 1 of the Schedule (persons not excluded from certain benefits under section 115 of the Immigration and Asylum Act 1999).

Amendment of the State Pension Credit Regulations8

In regulation 2(4) of the State Pension Credit Regulations (Northern Ireland) 2003 M27 (persons not in Northern Ireland)—

a

for sub-paragraph (h) M28 substitute—

h

a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 where that leave is—

i

discretionary leave to enter or remain in the United Kingdom,

ii

leave to remain under the Destitution Domestic Violence concession, or

iii

leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005;

b

at the end of sub-paragraph (hh) add “ or ”; and

c

omit sub-paragraphs (j) and (k) M29.

Amendment of the Housing Benefit Regulations9

1

The Housing Benefit Regulations (Northern Ireland) 2006 M30 are amended in accordance with paragraphs (2) and (3).

2

In regulation 10 (persons from abroad)—

a

for paragraph (5)(h) substitute—

h

a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 where that leave is—

i

discretionary leave to enter or remain in the United Kingdom;

ii

leave to remain under the Destitution Domestic Violence concession, or

iii

leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005;

b

at the end of paragraph (5)(j) add “ or ”; and

c

omit paragraphs (5)(k) and (kk) M31 and (6).

3

In regulation 83 M32 (amendment and withdrawal of claim)—

a

for paragraph (1) substitute—

1

A person who has made a claim for benefit may amend it at any time before a determination has been made on the claim by notice in writing received at the designated office, by telephone call to a telephone number specified by the relevant authority under regulation 81(4A) M33 (time and manner in which claims are to be made) or by the Department under regulation 81(4AA) M34 or in such other manner as the Department may decide or accept.

b

omit paragraph (2); and

c

in paragraph (3) omit “or (2)”.

Amendment of the Housing Benefit Regulations (Persons who have attained the qualifying age for state pension credit) Regulations10

1

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 M35 are amended in accordance with paragraphs (2) and (3).

2

In regulation 10 (persons from abroad)—

a

for paragraph (5)(h) substitute—

h

a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 where that leave is—

i

discretionary leave to enter or remain in the United Kingdom;

ii

leave to remain under the Destitution Domestic Violence concession, or

iii

leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005;

b

at the end of paragraph (5)(j) add “ or ”; and

c

omit paragraphs (5)(k) and (kk) M36 and (6).

3

In regulation 64 M37 (amendment and withdrawal of claim)—

a

for paragraph (1) substitute—

1

A person who has made a claim for benefit may amend it at any time before a determination has been made on the claim by notice in writing received at the designated office, by telephone call to a telephone number specified by the relevant authority under regulation 62(5A) M38 (time and manner in which claims are to be made) or by the Department under regulation 62(5B) or in such other manner as the Department may decide or accept.

b

omit paragraph (2); and

c

in paragraph (3) omit “or (2)”.

Amendment of the Employment and Support Allowance Regulations11

1

The Employment and Support Allowance Regulations (Northern Ireland) 2008 M39 are amended in accordance with paragraphs (2) to (33).

2

In regulation 2 (interpretation)—

a

in paragraph (1)—

i

omit the definition of “relevant disease”M40, and

ii

omit the definition of “service user group”M41;

b

after paragraph (7) M42 add—

8

References in these Regulations to a person or claimant participating as a service user are to—

a

a person who is being consulted by or on behalf of—

i

a body which has a statutory duty to provide services in the field of health, social care or social housing, or

ii

a body which conducts research or undertakes monitoring for the purpose of planning or improving such services,

in their capacity as a user, potential user, carer of a user or person otherwise affected by the provisions of those services; or

b

the carer of a person consulted under sub-paragraph (a).

3

In regulation 4 (the end of the assessment phase)—

a

in paragraph (1) M43 for “paragraph (2)” substitute “ paragraphs (2) and (3) ”; and

b

for paragraph (2) substitute—

2

Where paragraph (3) applies, the assessment phase is to end when it is determined whether the claimant has limited capability for work.

3

This paragraph applies where, at the end of the 13 week period referred to in paragraph (1)—

a

the claimant has not been assessed in accordance with a limited capability for work assessment; and

b

the claimant has not been treated as having limited capability for work in accordance with regulations 20, 25, 26, 29 or 33(2) (persons to be treated as having limited capability for work).

4

In regulation 5 (the assessment phase – previous claimants)—

a

in paragraph (1)(b) M44 for “paragraphs (3) and (4)” substitute “ paragraphs (3), (3A) and (4) ”;

b

for paragraph (3) substitute—

3

Where paragraph (3A) applies, the assessment phase is to end when it is determined whether the claimant has limited capability for work.

3A

This paragraph applies where on the day referred to in paragraph (1)(b)—

a

the claimant has not been assessed in accordance with a limited capability for work assessment; and

b

the claimant has not been treated as having limited capability for work in accordance with regulations 20, 25, 26, 29 or 33(2).

c

in paragraph (4)(a) M45 for “paragraph (3) does” substitute “ paragraphs (3) and (3A) do ”.

5

In the definition of “advanced education” in regulation 9(5) (condition relating to youth – claimants aged 20 or over but under 25)—

a

in paragraph (a) for “Technician” substitute “ Technology ”; and

b

in paragraph (b) for “Technician” substitute “ Technology ”.

6

In regulation 19 (determination of limited capability for work)—

a

in paragraph (3)—

i

for “any descriptor” substitute “ each descriptor ”, and

ii

after “listed in that Schedule” insert “ which applies in the claimant's case ”;

b

in paragraph (5)(c)(i) M46 after “disablement;” insert “ or ”; and

c

in paragraph (6) for “apply” substitute “ applies ”.

7

In regulation 20 (certain claimants to be treated as having limited capability for work)—

a

renumber the existing provision as paragraph (1);

b

in that paragraph (1)(c) M47(i)—

i

omit “, or from work of such a kind,”, and

ii

after “made” insert “ or given ”;

c

in paragraph (1)(e)(i) after “period” insert “ (which has the meaning it has in section 35(2) of the Contributions and Benefits Act) ”;

d

in paragraph (1)(g) M48—

i

insert “ the claimant meets ” at the beginning of the paragraph, and

ii

for “apply to the claimant” substitute “ in accordance with regulation 34(2), (3) and (6) M49 where applicable ”; and

e

after paragraph (1) insert—

2

In this regulation, “relevant disease” means an infectious disease to which—

a

section 15(1) of the Public Health Act (Northern Ireland) 1967 M50 (power to require person in contact with infectious disease to discontinue employment and compensation therefor.) applies;

b

regulations 8 and 9 of the Public Health (Ships) Regulations (Northern Ireland) 2008 M51 (examination etc., of persons on ships and powers in respect of persons leaving ships) apply; or

c

regulations 7 and 8 of the Public Health (Aircraft) Regulations (Northern Ireland) 2008 M52 (examination etc., of persons on aircraft and powers in respect of persons leaving aircraft) apply.

8

In regulation 21(2) (information required for determining capability for work) for “shall” substitute “ must ”.

9

In regulation 22 (failure to provide information in relation to limited capability for work)—

a

for paragraph (2)(a) M53 substitute—

a

the claimant was sent a further request at least 3 weeks after the date of the first request;

b

in paragraph (2)(b) M54 omit from “the claimant” to “request, and”.

10

In regulation 23 (claimant may be called for a medical examination to determine whether the claimant has limited capability for work)—

a

in paragraph (2) for “listed” substitute “ mentioned ”; and

b

for paragraph (3) substitute—

3

Paragraph (2) does not apply unless—

a

written notice of the date, time and place for the examination was sent to the claimant at least 7 days in advance; or

b

that claimant agreed to accept a shorter period of notice whether given in writing or otherwise.

11

In regulation 26(1) M55 (claimants receiving certain regular treatment) after “engaged in” insert “ receiving ”.

12

After regulation 29(3) M56 (exceptional circumstances) add—

4

In this regulation “medical evidence” means—

a

evidence from a health care professional approved by the Department; and

b

evidence (if any) from any health care professional or a hospital or similar institution,

or such part of such evidence as constitutes the most reliable evidence available in the circumstances.

13

In regulation 30 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made)—

F1a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

omit paragraph (2)(c) M57; and

c

after paragraph (3) add—

4

This paragraph applies where—

a

the claimant is suffering from some specific disease or bodily or mental disablement from which the claimant was not suffering at the time of that determination;

b

a disease or bodily or mental disablement from which the claimant was suffering at the time of that determination has significantly worsened; or

c

in the case of a claimant who was treated as not having limited capability for work under regulation 22 (failure to provide information in relation to limited capability for work), the claimant has since provided the information requested under that regulation.

14

In regulation 32(1) M58 (certain claimants to be treated as not having limited capability for work) omit “for Defence”.

15

In regulation 32A(1) M59 (certain claimants to be treated as not having limited capability for work at the end of the period covered by medical evidence) omit “then”.

16

In regulation 34 (determination of limited capability for work-related activity)—

a

in paragraph (1)—

i

for “claimant's”, the second time it occurs, substitute “ claimant has limited ”,

ii

omit “shall be limited”, and

iii

after “limitation” for “shall” substitute “ must ”;

b

omit paragraph (3A) M60; and

c

after paragraph (5) add—

6

In assessing the extent of a claimant's capability to perform any activity listed in Schedule 3, it is a condition that the claimant's incapability to perform the action arises—

a

in respect of descriptors 1 to 8, 15(a) and (b) and 16(a) and (b)—

i

from a specific bodily disease or disablement, or

ii

as a direct result of treatment provided by a registered medical practitioner for a specific physical disease or disablement; or

b

in respect of descriptors 9 to 14, 15(c) and (d) and 16(c) and (d)—

i

from a specific mental illness or disablement, or

ii

as a direct result of treatment provided by a registered medical practitioner for a specific mental illness or disablement.

17

In regulation 36(2) (information required for determining capability for work-related activity) for “shall” substitute “ must ”.

18

In regulation 37(2) (failure to provide information in relation to work-related activity)—

a

for sub-paragraph (a) M61 substitute—

a

the claimant was sent a further request at least 3 weeks after the date of the first request; and

b

in sub-paragraph (b) M62 omit from “the claimant” to “, and”.

19

In regulation 38 (claimant may be called for a medical examination to determine whether the claimant has limited capability for work-related activity)—

a

in paragraph (2) for “referred to” substitute “ mentioned ”; and

b

for paragraph (3) substitute—

3

Paragraph (2) does not apply unless—

a

written notice of the date, time and place for the examination was sent to the claimant at least 7 days in advance; or

b

the claimant agreed to accept a shorter period of notice whether given in writing or otherwise.

20

In regulation 40(2)(d) (a claimant who works to be treated as not entitled to an employment and support allowance) after “earnings)” insert “ or ”.

21

In regulation 45 (exempt work)—

a

for paragraph (4)(b) substitute—

b

is done by a claimant who has or is treated as having limited capability for work-related activity.

b

after paragraph (4)(b) insert—

4A

For the purposes of paragraph (4)(a), a period of specified work begins on the first day on which any specified work is undertaken and continues for a period of 52 weeks, whether or not any further specified work is undertaken during that period.

22

In regulation 70(4) M63 (special cases: supplemental – persons from abroad)—

a

for sub-paragraph (h) substitute—

h

a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 where that leave is—

i

discretionary leave to enter or remain in the United Kingdom;

ii

leave to remain under the Destitution Domestic Violence concession, or

iii

leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005;

b

at the end of sub-paragraph (i) add “ or ”; and

c

omit sub-paragraphs (k) and (l) M64.

23

In regulation 76(1) M65 (deductions for councillor's allowance) for “person” substitute “ claimant ”.

24

In regulation 95 (earnings of employed earners)—

a

in paragraph (2)(f) M66 for “claimant's participation in a service user group” substitute “ claimant participating as a service user. ”; and

b

in paragraph (4)(b) for “(e)” substitute “ (f) ”.

25

In regulation 106(9) M67 (notional income – deprivation and income on application) for “claimant's participation in a service user group” substitute “ claimant participating as a service user ”.

26

In regulation 107(8) M68 (notional income – income due to be paid or income paid to or in respect of a third party) for “claimant's participation in a service user group” substitute “ claimant participating as a service user ”.

27

In regulation 108(4) M69 (notional income – other income) for “claimant's participation in a service user group” substitute “ claimant participating as a service user ”.

28

For regulation 168 (reduction in certain cases) substitute—

Reduction in certain cases168

1

Where a disqualification is to be made in accordance with regulation 157 in respect of a part-week, the amount referred to in paragraph (2) is to be payable by way of an employment and support allowance in respect of that part-week.

2

The amount mentioned in paragraph (1) is—

a

one seventh of the employment and support allowance which would have been paid for the part-week if—

i

there was no disqualification under regulation 157, and

ii

it was not a part-week; multiplied by

b

the number of days in the part-week in respect of which no disqualification is to be made in accordance with regulation 157.

29

In Part 1 (physical disabilities) of Schedule 2 M70 (assessment of whether a claimant has limited capability for work)—

a

in column 2, opposite the entry for paragraph 1 in column 1 M71 (activity)—

i

in paragraphs 1(a), (c) and (d) after “cannot” insert “ unaided by another person ”,

ii

in paragraph (1)(b)—

aa

after “cannot” insert “ unaided by another person ”; and

bb

after “steps” omit “unaided by another person”, and

iii

in paragraph 1(e) for “apply” substitute “ applies ”;

b

in column 2, opposite the entry for paragraph 5 in column 1—

i

for paragraph 5(a) substitute—

a

cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand.

ii

in paragraph 5(c) after “mark” insert “ with either hand ”, and

iii

in paragraph 5(e) for “apply” substitute “ applies ”;

c

in column 2, opposite the entry for paragraph 7 in column 1 M72—

i

in paragraph 7(a)—

aa

after “message” insert “ , such as the location of a fire escape, ”; and

bb

after “impairment,” omit the words to the end of the sentence,

ii

in paragraph 7(d) for “apply” substitute “ applies ”; and

d

in column 2, opposite the entry for paragraph 9 in column 1 M73, in paragraph 9(c) for “None of the above apply” substitute “ Neither of the above applies ”.

30

In Part 2 (mental, cognitive and intellectual function assessment) of Schedule 2—

a

in column 2, opposite the entry for paragraph 12 in column 1—

i

in paragraph 12(a) for “they require” substitute “ the claimant requires ”,

ii

in paragraph 12(b) for “they frequently require” substitute “ the claimant frequently requires ”, and

iii

in paragraph 12(c) for “they occasionally require” substitute “ the claimant occasionally requires ”;

b

in column 2, opposite the entry for paragraph 13 in column 1—

i

in paragraph 13(b) after “2” insert “ sequential ”,

ii

in paragraph 13(c) after “2” insert “ sequential ”, and

iii

in paragraph 13(d) for “apply” substitute “ applies ”; and

c

in column 2, opposite the entry for paragraph 16 in column 1—

i

in paragraph 16(a), (b) and (c) for “individual” substitute “ claimant ”, and

ii

in paragraph 16(d) for “apply” substitute “ applies ”.

31

In Schedule 3 (assessment of whether a claimant has limited capability for work-related activity)—

a

in column 2, opposite the entry for paragraph 5 in column 1, for paragraph 5 substitute—

5

Cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand.

b

in column 2, opposite the entry for paragraph 7 in column 1 M74—

i

after “message” insert “ , such as the location of a fire escape, ”, and

ii

after “impairment” omit the words to the end of the sentence;

c

in column 2, opposite the entry for paragraph 10 in column 1, for “they require” substitute “ the claimant requires ”;

d

in column 2, opposite the entry for paragraph 13 in column 1, for “individual” substitute “ claimant ”; and

e

in column 2, opposite the entry for paragraph 15 in column 1, in paragraph 15(b) for “stopping,” substitute “ stopping or ”.

32

In column 1 of paragraph 13 M75 of Part 2 (amounts prescribed for the purposes of sections 2(1) and 4(2) of the Act) of Schedule 5 (special cases) for “the other” substitute “ each ”.

33

In paragraph 2A M76 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) for “claimant's participation in a service user group” substitute “ claimant participating as a service user ”.

Revocations12

The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).

Sealed with the Official Seal of the Department for Social Development on 17th October 2013

Anne McCleary A senior officer of theDepartment for Social Development

The Department of Finance and Personnel consents to regulations 9 and 10.

Sealed with the Official Seal of the Department of Finance and Personnel on 17th October 2013

John McKibbin A senior officer of theDepartment of Finance and Personnel