The Social Security (Treatment of Arrears of Benefit) Regulations (Northern Ireland) 2018

Made22nd August 2018

Coming into operation11th September 2018

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 132(3) and (4)(b), 132A(3) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, Article 14(1) and (4)(b) of the Jobseekers (Northern Ireland) Order 19952, and now vested in it3, sections 15(3) and (6)(b) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 20024 and section 17(1) and (3)(b) of the Welfare Reform Act (Northern Ireland) 20075.

Regulations 5 and 6 are made with the consent of the Department of Finance6.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Social Security (Treatment of Arrears of Benefit) Regulations (Northern Ireland) 2018 and come into operation on 11th September 2018.

2

The Interpretation Act (Northern Ireland) 19547 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support (General) Regulations2

In paragraph 7(2) of Schedule 10 to the Income Support (General) Regulations (Northern Ireland) 19878 (capital to be disregarded), for head (a) substitute—

a
paid in order to rectify, or to compensate for—
i
an official error as defined in regulation 1(2) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 19999, or
ii
an error on a point of law; and

Amendment of the Jobseeker’s Allowance Regulations3

In paragraph 12(2) of Schedule 7 to the Jobseeker’s Allowance Regulations (Northern Ireland) 199610 (capital to be disregarded), for head (a) substitute—

a
paid in order to rectify, or to compensate for—
i
an official error as defined in regulation 1(2) of the Decisions and Appeals Regulations, or
ii
an error on a point of law; and

Amendment of the State Pension Credit Regulations4

In paragraph 20A(1) of Schedule 5 to the State Pension Credit Regulations (Northern Ireland) 200311 (capital disregarded for the purpose of calculating income), after “error” insert “or an error on a point of law”.

Amendment of the Housing Benefit Regulations5

In paragraph 9(2) of Schedule 7 to the Housing Benefit Regulations (Northern Ireland) 200612 (capital to be disregarded), for head (a) substitute—

a
paid in order to rectify, or to compensate for—
i
an official error as defined in regulation 1(2) of the Decisions and Appeals Regulations, or
ii
an error on a point of law; and

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations6

In paragraph 22(1) of Schedule 7 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 200613 (capital to be disregarded), after “error” insert “or an error on a point of law”.

Amendment of the Employment and Support Allowance Regulations7

1

The Employment and Support Allowance Regulations (Northern Ireland) 200814 are amended in accordance with paragraphs (2) and (3).

2

In paragraph 11(2) of Schedule 9 (capital to be disregarded), for head (a) substitute—

a
paid in order to rectify, or to compensate for—
i
an official error as defined in regulation 1(2) of the Decisions and Appeals Regulations, or
ii
an error on a point of law; and

Sealed with the Official Seal of the Department for Communities on 22nd August 2018

(L.S.)Anne McClearyA senior officer of the Department for Communities

The Department of Finance hereby consents to the foregoing regulations.

Sealed with the Official Seal of the Department of Finance on 22nd August 2018

(L.S.)Stuart StevensonA senior officer of the Department of Finance

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987 (the “IS Regulations”), the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (the “JSA Regulations”), the State Pension Credit Regulations (Northern Ireland) 2003 (the “SPC Regulations”), the Housing Benefit Regulations (Northern Ireland) 2006 (the “HB Regulations”), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (the “HB (SPC) Regulations”) and the Employment and Support Allowance Regulations (Northern Ireland) 2008 (the “ESA Regulations”).

The Regulations set out above, currently provide for arrears, or a payment to compensate for arrears, to be disregarded when determining entitlement to an award of benefit for 52 weeks from the date of receipt. In the case of payments of £5000 or more that are paid as a result of official error, these are disregarded for longer. In the case of the IS, JSA, HB and ESA Regulations, the payment is disregarded for 52 weeks or for the remainder of the award, whichever is the longer. In the case of the SPC and HB (SPC) Regulations, the payment is disregarded until the award comes to an end.

The amendments made by these Regulations provide for the longer disregard to apply also to arrears or a payment to compensate for arrears, of £5,000 or more paid as a result of an error of law.

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, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.