2018 No. 192

Social Security

The Social Fund and Income-Related Benefits (Miscellaneous Amendments and Savings) Regulations (Northern Ireland) 2018

Made

Coming into operation in accordance with regulation 1

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), 134(1)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, Articles 14(1) and (4)(b) and 36(1) and (3) of the Jobseekers (Northern Ireland) Order 19952, sections 15(3) and (6)(b) and 19(1) and (3) of the State Pension Credit Act (Northern Ireland) 20023, and now vested in it4 and section 17(1) and (3)(b) of the Welfare Reform Act (Northern Ireland) 20075.

Regulations 7 and 8 are made with the consent of the Department of Finance6.

Proposals in respect of these Regulations were not referred to the Social Security Advisory Committee since it appeared to the Department for Communities that by reason of the urgency of the matter it was expedient not to do so7.

PART 1General

Citation, commencement and interpretation1

1

These Regulations may be cited as the Social Fund and Income-Related Benefits (Miscellaneous Amendments and Savings) Regulations (Northern Ireland) 2018 and shall come into operation immediately after the coming into force of the first Regulations made under section 32 of the Social Security (Scotland) Act 20188.

2

In these Regulations, the “2005 Regulations” means the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 20059.

3

The Interpretation Act (Northern Ireland) 195410 shall apply to these Regulations as it applies to an Act of the Assembly.

PART 2Amendments and saving in relation to Maternity Expenses: Sure Start Maternity Grants

Amendment of the 2005 Regulations2

1

The 2005 Regulations are amended as follows.

2

In regulation 3A11 (provision against double payment: Sure Start Maternity Grants)—

a

in paragraph (1)(b), after “Sure Start Maternity Grant”, insert “or a Best Start Grant”;

b

for paragraph (1)(c), substitute—

c

“subsequent grant” is, in respect of C—

i

a second or subsequent Sure Start Maternity Grant; or

ii

if a Best Start Grant has been given, a first Sure Start Maternity Grant;

d

“Best Start Grant” is a grant given to a qualifying individual under Regulations made under section 32 of the Social Security (Scotland) Act 2018 in connection with having, or expecting to have, a new baby in the family.

c

in paragraph (2), for “second” substitute “subsequent”;

d

in paragraph (3), for “second” substitute “subsequent”.

3

In the heading of Part 2, after “expenses” insert “in Northern Ireland”.

4

In regulation 512 (entitlement), after paragraph (5), add—

6

The fifth condition is that the claimant lives in Northern Ireland.

Saving in relation to the amendment of 2005 Regulations3

1

The amendments made to the 2005 Regulations in regulation 2 are of no effect in relation to a claim for Sure Start Maternity Grant made before the date on which the first Regulations made under section 32 of the Social Security (Scotland) Act 2018 come into force.

2

In paragraph (1), “Sure Start Maternity Grant” has the meaning given in the 2005 Regulations.

PART 3Amendments in relation to other benefits: disregards

Amendment of the Income Support (General) Regulations4

1

The Income Support (General) Regulations (Northern Ireland) 198713 are amended as follows.

2

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) after paragraph 7314 add—

74

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

3

In Schedule 10 (capital to be disregarded) after paragraph 6615 add—

67

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Amendment of the Jobseeker’s Allowance Regulations5

1

The Jobseeker’s Allowance Regulations (Northern Ireland) 199616 are amended as follows.

2

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 6917 add—

70

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

3

In Schedule 7 (capital to be disregarded) after paragraph 5918 add—

60

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Amendment of the State Pension Credit Regulations6

1

The State Pension Credit Regulations (Northern Ireland) 200319 are amended as follows.

2

In regulation 15(1) (social security benefits which are not prescribed for the purposes of section 15(1)(e) of the State Pension Credit Act (Northern Ireland) 2002), after sub-paragraph (q) insert—

qa

early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018;

3

In Schedule 5 (capital disregarded for the purpose of calculating income) after paragraph 20(2)(p)20 add—

q

early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Amendment of the Housing Benefit Regulations7

1

The Housing Benefit Regulations (Northern Ireland) 200621 are amended as follows.

2

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 6522 insert—

66

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

3

In Schedule 7 (capital to be disregarded) after paragraph 6023 insert—

61

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations8

1

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 200624 are amended as follows.

2

In regulation 27(1)(h) (“meaning of income”) after head (xva)25 insert—

xvb

early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018;

3

In Part 1 of Schedule 7 (capital to be disregarded generally) after paragraph 21(2)(n)26 insert—

o

early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Amendment of the Employment and Support Allowance Regulations9

1

The Employment and Support Regulations (Northern Ireland) 200827 are amended as follows.

2

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) after paragraph 6328 insert—

64

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

3

In Schedule 9 (capital to be disregarded) after paragraph 5729 insert—

58

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Sealed with the Official Seal of the Department for Communities on 19th November 2018

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

The Department of Finance consents to the Regulations.

Sealed with the Official Seal of the Department of Finance on 19th November 2018

(L.S.)Emer MorelliA senior officer of the Department of Finance
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend social security legislation as a consequence of the Social Security (Scotland) Act 2018 (asp 9) and Regulations made under section 32 of that Act, which make provision for the payment by Scottish Ministers of early years assistance, including maternity and new-baby grants, to qualifying individuals.

Part 1 provides that these Regulations come into operation immediately after the coming into force of the first Regulations made under section 32 of the Social Security (Scotland) Act 2018.

Part 2 contains consequential amendments to the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 506) so that recipients of a maternity and new-baby grant are not also eligible to receive a Sure Start Maternity Grant. Part 2 also contains a saving provision in relation to claims for Sure Start Maternity Grant made before the date on which maternity and new-baby grants become available under the Social Security (Scotland) Act 2018.

Part 3 provides for early years assistance to be disregarded as income or capital when determining a claimant’s entitlement to benefits under 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).