The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations (Northern Ireland) 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Employment and Support Allowance and Universal Credit (Coronavirus) Regulations (Northern Ireland) 2020, the Social Security (Coronavirus) (Further Measures) Regulations (Northern Ireland) 2020 (“the Further Measures Regulations”) and the Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020 in response to the continuing outbreak of coronavirus disease in Northern Ireland.

Regulation 2 of the Employment and Support Allowance and Universal Credit (Coronavirus) Regulations (Northern Ireland) 2020 gives the Department discretion to disapply the seven waiting days that would otherwise apply to a person who has made a claim for an employment and support allowance. Regulation 3 of those Regulations gives the Department discretion to decide that a person who makes a claim for, or is entitled to, an employment and support allowance may be treated as a person having limited capability for work. Both provisions apply where a person is infected or contaminated with coronavirus disease, is isolating to prevent the spread of coronavirus disease, or is caring for a child (or qualifying young person) who falls into either of those categories. Both provisions no longer have effect in relation to Universal Credit by virtue of the Further Measures Regulations.

Following a review by the Department of the operation of the Employment and Support Allowance and Universal Credit (Coronavirus) Regulations (Northern Ireland) 2020, regulation 2 amends the provision by which those Regulations expire after 14 months so that they now expire after 20 months beginning on 13th March 2020, namely 12th November 2021.

Regulation 8 of the Further Measures Regulations enables any period during which a person is infected or contaminated with coronavirus disease, in isolation or caring for a child or qualifying young person in their household who is so infected or contaminated or is in isolation, to not be counted towards a period of sickness under regulation 55 or 55ZA of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (S.R. 1996 No. 198) or regulation 45 or 46 of the Jobseeker’s Allowance Regulations (Northern Ireland) 2016 (S.R. 2016 No. 218). This means that a person will not lose entitlement to jobseeker’s allowance because of coronavirus disease. Regulation 9 of the Further Measures Regulations allows carers to retain their entitlement to carer’s allowance if they have a temporary break in caring as a result of isolation due to, or infection or contamination with, coronavirus disease of either the carer or the person cared for.

Following a review by the Department of the operation of the Further Measures Regulations, regulation 3 amends the provision by which the Further Measures Regulations expire on 12th May 2021 so that regulations 8 and 9 now expire on 31st August 2021.

The Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020 made provision to enable individuals on temporary release from prison to access means tested benefits during the period of that release.

Following a review by the Department of the operation of the Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020, regulation 4 amends the provision by which those Regulations expire after 14 months so that they now expire on 31st August 2021. Regulation 4 also requires the Department to now determine whether the easements for a prisoner on temporary release should be applied in any individual case. As the need to manage the potential impacts of coronavirus within the prison estate will hopefully reduce in the coming months prisoners may be temporarily released for non-coronavirus related reasons, but the easement was never intended to enable such prisoners to access means-tested benefits since their living costs are already met.

These Regulations make in relation to Northern Ireland only provision correspond to provisions 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 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.