2019 No. 195
The Social Security (Capital Disregards) (Amendment) Regulations (Northern Ireland) 2019
Made
Laid before Parliament
Coming into operation
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 132(3) and (4)(b), 132A(3), 133(1) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, Articles 2(2), 14(1) and (4)(b) of the Jobseekers (Northern Ireland) Order 19952, sections 15(3) and (6)(b), 17(1) and 19(1) and (3) of the State Pension Credit Act (Northern Ireland) 20023, section 17(1) and (3)(b) and 24(1) of the Welfare Reform Act (Northern Ireland) 20074 and Article 48(1) and (2)(a), paragraph 4(1) and (3)(a) of Schedule 1 and paragraph 1(1) of Schedule 6 to the Welfare Reform (Northern Ireland) Order 20155.
These powers are exercisable by the Secretary of State by virtue of Article 4(1) of the Welfare Reform (Northern Ireland) Order 20156.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security (Capital Disregards) (Amendment) Regulations (Northern Ireland) 2019 and come into operation on 31st October 2019.
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) Regulations (Northern Ireland) 19872
1
The Income Support (General) Regulations (Northern Ireland) 19878 are amended as follows.
2
In Schedule 10 (capital to be disregarded), in paragraph 7(1) —
a
in head (a) for “8 or 9” substitute “8, 9 or 72A”;
b
after head (d) add—
e
maternity allowance under section 35 of the Contributions and Benefits Act 9(state maternity allowance for employed or self-employed earner),
Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 19963
1
The Jobseeker’s Allowance Regulations (Northern Ireland) 199610 are amended as follows.
2
In Schedule 7 (capital to be disregarded), in paragraph 12(1) —
a
in head (a) for “9 or 10” substitute “9, 10 or 68A”;
b
after head (e) add—
f
maternity allowance under section 35 of the Benefits Act (state maternity allowance for employed or self-employed earner),
Amendment of the State Pension Credit Regulations (Northern Ireland) 20034
1
The State Pension Credit Regulations (Northern Ireland) 200311 are amended as follows.
2
In Schedule 5 (capital disregarded for the purposes of calculating income), in paragraph 20(2) after head (r) add—
s
maternity allowance under section 35 of the Contributions and Benefits Act (state maternity allowance for employed or self-employed earner).
Amendment of the Housing Benefit Regulations (Northern Ireland) 20065
1
The Housing Benefit Regulations (Northern Ireland) 200612 are amended as follows.
2
In Schedule 7 (capital to be disregarded), in paragraph 9(1) after sub-paragraph (h) add—
i
maternity allowance under section 35 of the Act (state maternity allowance for employed or self-employed earner),
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 20066
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 200613 (meaning of income) are amended as follows.
2
In Schedule 7 (capital to be disregarded), in paragraph 21(2) after head (o) add—
q
maternity allowance under section 35 of the Act (state maternity allowance for employed or self-employed earner).
Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 20087
1
The Employment and Support Allowance Regulations (Northern Ireland) 200814 are amended as follows.
2
In Schedule 9 (capital to be disregarded), in paragraph 11(1) —
a
in paragraph (a) for “10 or 11” substitute “10, 11 or 62”;
b
after paragraph (d) add—
e
maternity allowance under section 35 of the Contributions and Benefits Act (state maternity allowance for employed or self-employed earner),
Amendment of the Universal Credit Regulations (Northern Ireland) 20168
1
The Universal Credit Regulations (Northern Ireland) 201615 are amended as follows.
2
In Schedule 10 (capital to be disregarded) in paragraph 18(2) after “United Kingdom” add—
and includes armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 201116
Amendment of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 20169
1
The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 201617 are amended as follows.
2
In regulation 8A18 (arrears of benefit disregarded as capital)—
a
in paragraph (1)—
i
after “of benefit” in both places, insert “or armed forces independence payment”;
ii
in sub-paragraph (d) after “to benefit” insert “or armed forces independence payment”;
b
after paragraph (2) add—
3
“Armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.
3
After regulation 8A insert—
Arrears of maternity allowance disregarded as capital8B
1
This regulation applies in relation to the calculation of an award of universal credit where—
a
the conditions set out in regulation 8A(1)(a) to (d) are met; and
b
the claimant has received a payment of arrears of maternity allowance, or a payment made to compensate for arrears due to the non-payment of maternity allowance, of under £5,000.
2
Where this regulation applies, notwithstanding anything in the Universal Credit Regulations, the payment is to be disregarded from the calculation of the claimant’s capital for 12 months from the date of receipt of the payment.
3
“Maternity allowance” means a maternity allowance under section 35 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (state maternity allowance for employed or self-employed earner).
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)