The Covid-19 Heating Payment Scheme Regulations (Northern Ireland) 2021

Regulation 2

SCHEDULE N.I. Covid-19 Heating Payment Scheme (Northern Ireland) 2021

Citation and interpretation N.I.

1.—(1) This Scheme may be cited as the Covid-19 Heating Payment Scheme (Northern Ireland) 2021.

(2) In this Scheme:—

“the 1992 Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1);

[F1 “the 2006 Order” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(2);]

“the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015(2);

“the Department” means the Department for Communities;

“a Covid-19 heating payment” means financial assistance provided under this Scheme;

[F2 “armed forces independence payment” means armed forces independence payment under Article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(3);]

“attendance allowance” means attendance allowance under section 64 of the 1992 Act;

“care home” means an establishment that provides accommodation together with nursing or personal care for adults or children;

[F3 “constant attendance allowance under the 1992 Act” means an increase of disablement pension under section 104 of the 1992 Act; ]

[F3 “constant attendance allowance under the 2006 Order” means an allowance under Article 8(4) or (5) of the 2006 Order;]

“disability living allowance” means disability living allowance under section 71 of the 1992 Act;

“discretionary support award” means discretionary support award under the Discretionary Support Regulations (Northern Ireland) 2016(3);

“employment and support allowance” means employment and support allowance under section 1 of the Welfare Reform Act (Northern Ireland) 2007(4);

“housing benefit” means housing benefit under section 129 of the 1992 Act;

“income support” means income support under section 123 of the 1992 Act;

[F4 “industrial injuries disablement benefit” means industrial injuries disablement benefit under section 94 of the 1992 Act;]

“jobseekers allowance” means jobseekers allowance under Article 3 of the Jobseekers (Northern Ireland) Order 1995(5);

“personal independence payment” means personal independence payment under Part 5 of the 2015 Order;

“the qualifying week” means the week beginning with (and including) Monday 30th November 2020 and ending on Sunday 06th December 2020;

“social security information” means information held by or on behalf of the Department and obtained as a result of, or for the purpose of, the exercise of the Department’s functions in relation to social security;

“the standard rate” means a single payment of £200;

“state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002(6);

“universal credit” means universal credit under Part 2 of the 2015 Order.

[F5 “war pensions mobility supplement” means mobility supplement under Article 20 of the 2006 Order.]

Textual Amendments

F1 Words in Sch. para. 1(2) inserted (4.3.2021) by The Covid-19 Heating Payment Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/45), regs. 1, 2(2)(a)

F2 Words in Sch. para. 1(2) inserted (4.3.2021) by The Covid-19 Heating Payment Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/45), regs. 1, 2(2)(b)

F3 Words in Sch. para. 1(2) inserted (4.3.2021) by The Covid-19 Heating Payment Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/45), regs. 1, 2(2)(c)

F4 Words in Sch. para. 1(2) inserted (4.3.2021) by The Covid-19 Heating Payment Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/45), regs. 1, 2(2)(d)

F5 Words in Sch. para. 1(2) inserted (4.3.2021) by The Covid-19 Heating Payment Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/45), regs. 1, 2(2)(e)

Commencement Information

I1 Sch. para. 1 in operation at 25.1.2021, see reg. 1

Eligibility N.I.

2.—(1) A person is not eligible for a Covid-19 heating payment at the standard rate unless they were in receipt of—

(a) the higher rate of attendance allowance (payable under section 65(3) of the 1992 Act); or

(b) the highest rate of the care component or the higher rate of the mobility component (or both) of disability living allowance (payable under sections 72(4)(a) and 73(11)(a) of the 1992 Act); or

(c) the enhanced rate of the daily living component or the enhanced rate of the mobility component (or both) of personal independence payment (payable under Articles 83(2) and 84(2) of the 2015 Order); or

(d) state pension credit

(e) [F6 constant attendance allowance under the 2006 Order (payable at the rate specified in paragraph 1(a)(iii) or (iv) of Part IV of Schedule 1 to the 2006 Order); or]

(f) [F6 constant attendance allowance under the 1992 Act (payable at an amount above the rate specified in paragraph 2(a) of Part V of Schedule 4 to the 1992 Act); or]

(g) [F6 war pensions mobility supplement; or]

(h) [F6 armed forces independence payment]

on any one day during the qualifying week, and on that day were ordinarily resident in Northern Ireland.

(2) Only one Covid-19 heating payment shall be payable under this scheme in respect of any person.

(3) A person who is resident in a care home shall not be eligible for a payment under this scheme.

Textual Amendments

F6 Words in Sch. para. 2(1) inserted (4.3.2021) by The Covid-19 Heating Payment Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/45), regs. 1, 2(3)

Commencement Information

I2 Sch. para. 2 in operation at 25.1.2021, see reg. 1

Recovery N.I.

3.  The Department may recover any payment made in error.

Commencement Information

I3 Sch. para. 3 in operation at 25.1.2021, see reg. 1

Delayed payment N.I.

4.—(1) A person who is eligible for a Covid-19 heating payment, and has not received it by [F7 15th April 2021] , may apply for a payment.

(2) An application under sub-paragraph (1) must—

(a) be made in writing to the Department or by telephone to 0800 587 0892 (for pension credit claimants), 0800 587 0912 (for attendance allowance and disability living allowance claimants) or 0800 587 0932 (for personal independence payment claimants) [F8 or 02890 823318 (for industrial injuries disablement benefit claimants who are also in receipt of constant attendance allowance) or by email to [e-mail] (for war pension claimants who are also in receipt of constant attendance allowance, for war pensions mobility supplement claimants or armed forces independence payment claimants)] ;

(b) be received by the Department before [F9 30th June 2021] ; and

(c) specify—

(i) the applicant’s name, address, date of birth and national insurance number; and

(ii) the benefits that the applicant was in receipt of during the qualifying week.

(3) If the Department is satisfied that a person making an application under sub-paragraph (1) is eligible for a Covid-19 heating payment and has not already received such a payment, the Department shall make that payment.

Textual Amendments

F7 Words in Sch. para. 4(1) substituted (4.3.2021) by The Covid-19 Heating Payment Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/45), regs. 1, 2(4)(a)

F8 Words in Sch. para. 4(2)(a) inserted (4.3.2021) by The Covid-19 Heating Payment Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/45), regs. 1, 2(4)(b)

F9 Words in Sch. para. 4(2)(b) substituted (4.3.2021) by The Covid-19 Heating Payment Scheme (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/45), regs. 1, 2(4)(c)

Commencement Information

I4 Sch. para. 4 in operation at 25.1.2021, see reg. 1

Appeals N.I.

5.  There will be no right of appeal.

Commencement Information

I5 Sch. para. 5 in operation at 25.1.2021, see reg. 1

Payment to be disregarded for social security N.I.

6.—(1) No account shall be taken of eligibility for a Covid-19 heating payment in considering a person’s entitlement to a Social Fund payment, a discretionary support award or a payment under any of the following social security benefits:

(a) income support;

(b) jobseekers allowance;

(c) employment and support allowance;

(d) housing benefit (working age);

(e) housing benefit (state pension credit age);

(f) universal credit; or

(g) state pension credit.

(2) This payment may be taxable.

Commencement Information

I6 Sch. para. 6 in operation at 25.1.2021, see reg. 1

Information N.I.

7.  The Department may use social security information for the purpose of determining whether a person is eligible for a Covid-19 heating payment.

Commencement Information

I7 Sch. para. 7 in operation at 25.1.2021, see reg. 1

Provision of Covid-19 Heating payment N.I.

8.  The Department shall make Covid-19 heating payments under the Scheme.

Commencement Information

I8 Sch. para. 8 in operation at 25.1.2021, see reg. 1

(1)

1992 c. 7 (N.I.) Section 71 was amended by Article 64(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

(2)

S.I. 2015/2006 (N.I. 1)

(3)

S.R. 2016 No. 270

(4)

2007 c. 2 (N.I.)

(5)

S.I. 1995/2705 (N.I. 15)

(6)

2002 c. 14 (N.I.)