The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017

Amendment of the Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988

3.—(1) The Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) after the definition of “the Act” insert—

““the Order” means the Welfare Reform (Northern Ireland) Order 2015;”;

(b) in the definition of “claimant”(2) for “or income-related employment and support allowance” substitute “, income-related employment and support allowance or universal credit”; and

(c) after the definition of “station”(3) insert—

““universal credit” means universal credit under Part 2 of the Order”.

(3) In regulation 1A (prescribed description of persons) (4)—

(a) in paragraph (2)—

(i) at the end of sub-paragraph (c) omit “or”;

(ii) at the end of sub-paragraph (d) insert—

“; or

(e) universal credit.”;

(b) in paragraph (3)—

(i) for “(c) or (d)” substitute “(c), (d) or (e)”;

(ii) at the end of sub-paragraph (d) omit “or”; and

(iii) at the end of sub-paragraph (e) insert—

“; or

(f) where P has been awarded universal credit—

(i) the award includes an amount under Article 15(2) of the Order (child or qualifying young person who is disabled); or

(ii) the award includes an amount under Article 17(1) of the Order in respect of the needs or circumstances specified in Article 17(2)(a) or (b) (limited capability for work or limited capability for work and work-related activity) or would do so if it did not include an amount in respect of the needs or circumstances specified in Article 17(2)(c) (caring responsibilities for a severely disabled person).”; and

(c) after paragraph (5) add—

“(6) The fourth condition, which applies only where the person has been awarded universal credit and their award of universal credit does not include an amount under Article 15(2) of the Order (child or qualifying young person who is disabled) is that —

(a) in a case where a cold weather payment is payable in relation to a recorded period of cold weather as mentioned in regulation 2(1)(a)(i), the person was not in employment or gainful self-employment on any day during that period; or

(b) in a case where a cold weather payment is payable in relation to a forecasted period of weather as mentioned in regulation 2(1)(a)(ii), the person is not in employment or gainful self-employment on the day when the Met Office supplies the Department for Communities with the forecast.

(7) For the purpose of paragraph (6)—

(a) “employment” means employment under a contract of service, or in an office, including an elective office;

(b) a person is in gainful self-employment where—

(i) they are carrying on a trade, profession or vocation as their main employment,

(ii) their earnings from that trade, profession or vocation are treated as self-employed earnings for the purpose of regulations made under Article 13(3) of the Order, and

(iii) the trade, profession or vocation is organised, developed, regular and carried on in expectation of profit.”.

(1)

S.R. 1988 No. 368.

(2)

The definition of “claimant” was substituted by regulation 2(a) of S.R. 1991 No. 464 and amended by regulation 2(a)(i) of S.R. 2005 No. 447 and regulation 16(2)(b) of S.R. 2008 No. 286.

(3)

The definition of “station” was substituted by regulation 2(c) of S.R. 1996 No. 488.

(4)

Regulation 1A was substituted by regulation 2(3) of S.R. 2005 No. 344.