2018 No. 150
The Social Security (Treatment of Arrears of Benefit) Regulations (Northern Ireland) 2018
Made
Coming into operation
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
The Department of Finance hereby consents to the foregoing regulations.
Sealed with the Official Seal of the Department of Finance on 22nd August 2018
(This note is not part of the Regulations)