The Social Security (Loss of Benefit) (Amendment) Regulations (Northern Ireland) 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002 (S.R. 2002 No.79) (“the 2002 Regulations”).

The 2002 Regulations prescribe the rules which relate to the restrictions in payment of certain benefits (the loss of benefit) provided for in sections 5B to 12 of the Social Security Fraud Act (Northern Ireland) 2001 (2001 c. 17 (N.I.)) (“the Fraud Act”). The rules apply to payments of certain benefits to persons who have been convicted of one or more benefit offences in any proceedings, have agreed to pay an administrative penalty for a benefit offence, or have been cautioned for a benefit offence (“offenders”). The rules also apply to payments of benefit to members of offenders’ families.

These Regulations are made in connection with amendments made to the Fraud Act by the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)) (“the Order”).

These Regulations make provision as to how the loss of benefit regime applies to universal credit, which is introduced by Part 2 of the Order. The Regulations make provision for the start date of the disqualification period where universal credit is the benefit (regulations 4(2), (5) and (6) and 5(2), (4)(b) and (5)). Regulation 8 inserts regulation 3ZB which provides for the amount of the reduction of universal credit. Regulation 12 inserts Part IVB which provides for entitlement to, and the calculation and recoverability of, hardship payments where universal credit is reduced.

These Regulations also make other amendments to the 2002 Regulations.

Regulations 4(2), (3) and (4) and 5(2), (3) and (4)(a) make provision for the start date of the disqualification period where the offender or the offender’s family member is in receipt of a sanctionable benefit which is payable neither wholly in advance nor wholly in arrears (and is not in receipt of any other sanctionable benefit).

Regulation 6 prescribes offences for the purposes of sections 5B and 6 of the Fraud Act, conviction of which will result in a 3 year loss of benefit penalty where one or more of the conditions specified in section 5B(14)(b) of that Act is also satisfied. The conditions are that a court has found that there was an overpayment of at least £50,000 in relation to the offence, the offence has been punished by a custodial sentence of at least one year (including a suspended sentence) or, in the case of certain offences, the court has found that the offence was committed over a period of at least two years.

Regulation 8 inserts regulation 3ZA which replaces existing provision reducing the amount of employment and support allowance payable. Regulation 7 makes related consequential and transitional amendments.

Regulation 9 updates a reference in regulation 3A(7) of the 2002 Regulations to persons over the age of 16 in respect of whom child benefit is payable.

Regulations 10(2) and 11 make amendments consequential on the introduction of personal independence payment. Regulation 10(3) and (4) makes amendments consequential on changes in relation to sanctions in jobseeker’s allowance made by the Order.

Regulation 12 inserts Part IVB which allows an income-related employment and support allowance to be payable to an offender or an offender’s family member at a reduced rate where otherwise it would not be payable by operation of the Fraud Act.

An assessment of the impact of this instrument has been carried out. Copies of the impact assessment may be obtained from the Better Regulation Unit of the Department for Work and Pensions, 2D Caxton House, Tothill Street, London, SW1 9NA. It is also available alongside this instrument and the Explanatory Memorandum on www.legislation.gov.uk.