The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations (Northern Ireland) 2016

Statutory Rules of Northern Ireland

2016 No. 110

Social Security

The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations (Northern Ireland) 2016

Made

4th March 2016

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), 129A(2), 131(1) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1), Articles 6(5) and 36(1) and (2) of the Jobseekers (Northern Ireland) Order 1995(2), sections 2(3)(b), 3(7) and 12(2)(b) and (c) of the State Pension Credit Act (Northern Ireland) 2002(3) and sections 4(2) and 25(1) and (2) of the Welfare Reform Act (Northern Ireland) 2007(4) and now vested in it(5).

Citation and commencement

1.  These Regulations may be cited as the Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations (Northern Ireland) 2016 and shall come into operation for the purposes of—

(a) this regulation, on 1st April 2016;

(b) regulation 2, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 11th April 2016, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support (General) Regulations (Northern Ireland) 1987(6);

(c) regulation 3, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 11th April 2016, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(7);

(d) regulation 4, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 11th April 2016, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the State Pension Credit Regulations (Northern Ireland) 2003(8);

(e) regulation 5, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 4th April 2016, and in relation to any other case, on 1st April 2016, and for the purpose of this sub-paragraph “rent” has the same meaning as in the Housing Benefit Regulations (Northern Ireland) 2006(9);

(f) regulation 6, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 4th April 2016, and in relation to any other case, on 1st April 2016, and for the purpose of this sub-paragraph “rent” has the same meaning as in the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(10); and

(g) regulation 7, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 11th April 2016, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Employment and Support Allowance Regulations (Northern Ireland) 2008(11).

Amendment of the Income Support Regulations

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) and (3).

(2) In paragraph 15 of Schedule 2 (applicable amounts: weekly amounts of premiums specified in Part III) in column (2) for “£116∙00” in sub-paragraphs (2)(12), (2A) and (3) substitute “£122∙70”.

(3) In paragraph 18 of Schedule 3(13) (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1) for “£93∙80” and “£14∙55” substitute “£94∙50” and “£14∙65” respectively; and

(b) in sub-paragraph (2)—

(i) in head (a) for “£129∙00” substitute “£133∙00”,

(ii) in head (b) for “£129∙00”, “£189∙00” and “£33∙40” substitute “£133∙00”, “£195∙00” and “£33∙65” respectively,

(iii) in head (c) for “£189∙00”, “£246∙00” and “£45∙85” substitute “£195∙00”, “£253∙00” and “£46∙20” respectively,

(iv) in head (d) for “£246∙00”, “£328∙00” and “£75∙05” substitute “£253∙00”, “£338∙00” and “£75∙60” respectively, and

(v) in head (e) for “£328∙00”, “£408∙00” and “£85∙45” substitute “£338∙00”, “£420∙00” and “£86∙10” respectively.

Amendment of the Jobseeker’s Allowance Regulations

3.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) and (3).

(2) In Schedule 1 (applicable amounts)—

(a) in paragraph 20(14) (weekly amounts of premiums specified in Part III) in the column headed “Amount”—

(i) for “£78∙10”, “£116∙00” and “£116∙00” in sub-paragraph (2) substitute “£82∙50”, “£122∙70” and “£122∙70” respectively,

(ii) for “£116∙00” in sub-paragraph (3) substitute “£122∙70”, and

(iii) for “£78∙10” and “£116∙00” in sub-paragraph (4) substitute “£82∙50” and “£122∙70” respectively; and

(b) in paragraph 20M(15) (weekly amounts of premiums specified in Part IVA) in the column headed “Amount” for “£116∙00” in sub-paragraphs (1) and (2) substitute “£122∙70”.

(3) In paragraph 17 of Schedule 2(16) (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1) for “£93∙80” and “£14∙55” substitute “£94∙50” and “£14∙65” respectively; and

(b) in sub-paragraph (2)—

(i) in head (a) for “£129∙00” substitute “£133∙00”,

(ii) in head (b) for “£129∙00”, “£189∙00” and “£33∙40” substitute “£133∙00”, “£195∙00” and “£33∙65” respectively,

(iii) in head (c) for “£189∙00”, “£246∙00” and “£45∙85” substitute “£195∙00”, “£253∙00” and “£46∙20” respectively,

(iv) in head (d) for “£246∙00”, “£328∙00” and “£75∙05” substitute “£253∙00”, “£338∙00” and “£75∙60” respectively, and

(v) in head (e) for “£328∙00”, “£408∙00” and “£85∙45” substitute “£338∙00”, “£420∙00” and “£86∙10” respectively.

Amendment of the State Pension Credit Regulations

4.—(1) The State Pension Credit Regulations (Northern Ireland) 2003 are amended in accordance with paragraphs (2) to (4).

(2) In regulation 7(17) (savings credit) in paragraph (2) for “£126∙50” and “£201∙80” substitute “£133∙82” and “£212∙97” respectively.

(3) In paragraph 14 of Schedule 2(18) (persons residing with the claimant)—

(a) in sub-paragraph (1) for “£93∙80” and “£14∙55” substitute “£94∙50” and “£14∙65” respectively; and

(b) in sub-paragraph (2)—

(i) in head (a) for “£129∙00” substitute “£133∙00”,

(ii) in head (b) for “£129∙00”, “£189∙00” and “£33∙40” substitute “£133∙00”, “£195∙00” and “£33∙65” respectively,

(iii) in head (c) for “£189∙00”, “£246∙00” and “£45∙85” substitute “£195∙00”, “£253∙00” and “£46∙20” respectively,

(iv) in head (d) for “£246∙00”, “£328∙00” and “£75∙05” substitute “£253∙00”, “£338∙00” and “£75∙60” respectively, and

(v) in head (e) for “£328∙00”, “£408∙00” and “£85∙45” substitute “£338∙00”, “£420∙00” and “£86∙10” respectively.

(4) In paragraph 1 of Schedule 3(19) (polygamous marriages)—

(a) in sub-paragraph (5) for “£230∙85” and “£79∙65” substitute “£237∙55” and “£81∙95” respectively; and

(b) in sub-paragraph (7) for “£201∙80” substitute “£212∙97”.

Amendment of the Housing Benefit Regulations

5.  In regulation 72(20) (non-dependant deductions) of the Housing Benefit Regulations (Northern Ireland) 2006—

(a) in paragraph (1) for “£93∙80” and “£14∙55” substitute “£94∙50” and “£14∙65” respectively; and

(b) in paragraph (2)—

(i) in sub-paragraph (a) for “£129∙00” substitute “£133∙00”,

(ii) in sub-paragraph (b) for “£129∙00”, “£189∙00” and “£33∙40” substitute “£133∙00”, “£195∙00” and “£33∙65” respectively,

(iii) in sub-paragraph (c) for “£189∙00”, “£246∙00” and “£45∙85” substitute “£195∙00”, “£253∙00” and “£46∙20” respectively,

(iv) in sub-paragraph (d) for “£246∙00”, “£328∙00” and “£75∙05” substitute “£253∙00”, “£338∙00”, and “£75∙60” respectively, and

(v) in sub-paragraph (e) for “£328∙00”, “£408∙00” and “£85∙45” substitute “£338∙00”, “£420∙00” and “£86∙10” respectively.

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

6.—(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) and (3).

(2) In regulation 53(21) (non-dependant deductions)—

(a) in paragraph (1) for “£93∙80” and “£14∙55” substitute “£94∙50” and “£14∙65” respectively; and

(b) in paragraph (2)—

(i) in sub-paragraph (a) for “£129∙00” substitute “£133∙00”,

(ii) in sub-paragraph (b) for “£129∙00”, “£189∙00” and “£33∙40” substitute “£133∙00”, “£195∙00” and “£33∙65” respectively,

(iii) in sub-paragraph (c) for “£189∙00”, “£246∙00” and “£45∙85” substitute “£195∙00”, “£253∙00” and “£46∙20” respectively,

(iv) in sub-paragraph (d) for “£246∙00”, “£328∙00” and “£75∙05” substitute “£253∙00”, “£338∙00” and “£75∙60” respectively, and

(v) in sub-paragraph (e) for “£328∙00”, “£408∙00” and “£85∙45” substitute “£338∙00”, “£420∙00” and “£86∙10” respectively.

(3) In paragraph (1) of Schedule 4(22) (applicable amounts: personal allowances) in column (2)—

(a) for “£151∙20” and “£166∙05” in sub-paragraph (1) substitute “£155∙60” and “£168∙70” respectively;

(b) for “£230∙85” and “£248∙30” in sub-paragraph (2) substitute “£237∙55” and “£252∙30” respectively;

(c) for “£230∙85” and “£79∙65” in sub-paragraph (3) substitute “£237∙55” and “£81∙95” respectively; and

(d) for “£248∙30” and “£82∙25” in sub-paragraph (4) substitute “£252∙30” and “£83∙60” respectively.

Amendment of the Employment and Support Allowance Regulations

7.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended in accordance with paragraphs (2) and (3).

(2) In paragraph 11 of Schedule 4(23) (weekly amount of premiums specified in Part 2) in the column headed “Amount”—

(a) for “£49∙05”, “£41∙90” and “£78∙10” in sub-paragraph (1)(a) substitute “£53∙45”, “£46∙30” and “£82∙50” respectively; and

(b) for “£86∙95”, “£79∙80” and “£116∙00” in sub-paragraph (1)(b) substitute “£93∙65”, “£86∙50” and “£122∙70” respectively.

(3) In paragraph 19 of Schedule 6(24) (housing costs: non-dependant deductions)—

(a) in sub-paragraph (1) for “£93∙80” and “£14∙55” substitute “£94∙50” and “£14∙65” respectively; and

(b) in sub-paragraph (2)—

(i) in head (a) for “£129∙00” substitute “£133∙00”,

(ii) in head (b) for “£129∙00”, “£189∙00” and “£33∙40” substitute “£133∙00”, “£195∙00” and “£33∙65” respectively,

(iii) in head (c) for “£189∙00”, “£246∙00” and “£45∙85” substitute “£195∙00”, “£253∙00” and “£46∙20” respectively,

(iv) in head (d) for “£246∙00”, “£328∙00” and “£75∙05” substitute “£253∙00”, “£338∙00” and “£75∙60” respectively, and

(v) in head (e) for “£328∙00”, “£408∙00” and “£85∙45” substitute “£338∙00”, “£420∙00” and “£86∙10” respectively.

Sealed with the Official Seal of the Department for Social Development on 4th March 2016

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459), the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (S.R. 1996 No. 198), the State Pension Credit Regulations (Northern Ireland) 2003 (S.R. 2003 No. 28), the Housing Benefit Regulations (Northern Ireland) 2006 (S.R. 2006 No. 405), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 406) and the Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008 No. 280). They make changes to several social security benefits that would more usually be included in an up-rating order.

Regulations 2, 3, 6 and 7 amend the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, 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, so as to increase the pensioner premiums, change the income bands for non-dependant deductions and increase the amounts of the non-dependant deductions themselves.

Regulation 4 amends the State Pension Credit Regulations (Northern Ireland) 2003 so as to increase the amounts prescribed for the savings credit thresholds, including in the case of a polygamous marriage, and to increase the standard minimum guarantee in the case of a polygamous marriage. It also changes the income bands for non-dependant deductions and increases the amounts of the non-dependant deductions themselves.

Regulation 5 amends the Housing Benefit Regulations (Northern Ireland) 2006 to change the income bands for non-dependant deductions and to increase the amounts of the non-dependant deductions themselves.

These Regulations 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, the Social Security Administration (Northern Ireland) Act 1992 (c.8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

(1)

1992 c. 7; section 129A was inserted by section 30(2) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

(2)

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

(3)

2002 c. 14 (N.I.)

(4)

2007 c. 2 (N.I.)

(5)

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

(6)

S.R 1987 No. 459; see regulation 2(1) for the definition of “benefit week”, which was amended by regulation 2(a) of S.R. 1988 No. 318

(7)

S.R. 1996 No. 198; see regulation 1(2) for the definition of “benefit week”, which was substituted by regulation 3 of S.R. 2009 No. 107

(8)

S.R. 2003 No. 28; see regulation 1(2) for the definition of “benefit week”, which was substituted by regulation 3(2) of S.R. 2009 No. 409

(9)

S.R. 2006 No. 405; see regulation 2(1) for the definition of “rent”

(10)

S.R. 2006 No. 406; see regulation 2(1) for the definition of “rent”

(11)

S.R. 2008 No. 280; see regulation 2(1) for the definition of “benefit week”

(12)

Sub-paragraphs (2), (2A) and (3) were substituted by regulation 24(5)(g)(i) of S.R. 2003 No. 191 and amended by Schedule 3 to S.R. 2015 No. 124

(13)

Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301 and paragraph 18(1) and (2) was amended by regulation 2(3)(j)(ii) of S.R. 1995 No. 434, regulation 3(b) of S.R. 1997 No. 3, Article 7(2) of S.R. 1999 No. 472 (C. 36), regulation 4(b)(i) of S.R. 2004 No. 394 and Article 16(6) of S.R. 2015 No. 124

(14)

Sub-paragraph (2) was amended by regulation 5(5)(e) of S.R. 2010 No. 103 and sub-paragraphs (2), (3) and (4) were amended by Schedule 10 to S.R. 2015 No. 124

(15)

Paragraph 20M was inserted by paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350 and sub-paragraph (1) was amended by regulation 5(5)(j) of S.R. 2010 No. 103 and sub-paragraphs (1) and (2) were amended by Schedule 11 to S.R. 2015 No. 124

(16)

Sub-paragraphs (1) and (2) were amended by regulation 3(b) of S.R. 1997 No. 3, Article 9(5)(l) of S.R. 1999 No. 428 (C. 32), regulation 5(b)(i) of S.R. 2004 No. 394 and Article 22(7) of S.R. 2015 No. 124

(17)

Regulation 7 was amended by Article 24(3) of S.R. 2015 No. 124

(18)

Sub-paragraph (1) was amended by regulation 6(5)(b)(i) of S.R. 2004 No. 394 and Article 24(4)(a) of S.R. 2015 No. 124 and sub-paragraph (2) was amended by regulation 14(5)(a) of S.R. 2006 No. 359 and Article 24(4)(b) of S.R. 2015 No. 124

(19)

Paragraph 1(5) and (7) was amended by Article 24(5) of S.R. 2015 No. 124

(20)

Regulation 72(1) and (2) was amended by Article 20(3) of S.R. 2012 No. 116 and Article 19(3) of S.R. 2015 No. 124

(21)

Regulation 53(1) and (2) was amended by Article 21(3) of S.R. 2012 No. 116 and Article 20(3) of S.R. 2015 No. 124

(22)

Paragraph 1 was amended by Schedule 7 to S.R. 2015 No. 124

(23)

Paragraph 11 was amended by Schedule 15 to S.R. 2015 No. 124

(24)

Paragraph 19(1) and (2) was amended by Article 25(5) of S.R. 2015 No. 124