The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2021

Amendment of the Income Support (General) Regulations

This section has no associated Explanatory Memorandum

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(1) are amended in accordance with paragraphs (2) to (8).

(2) In regulation 2(1) (interpretation)—

(a)in the appropriate places insert—

child abuse payment” means a payment from a scheme established or approved by the Secretary of State, for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;;

Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020(2);;

(b)in the definition of “qualifying person”(3), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(3) In regulation 42(4ZB)(4) (notional income), for “a payment of income which is a Grenfell Tower payment” substitute—

any of the following payments of income—

(a)a Grenfell Tower payment;

(b)a child abuse payment;

(c)a Windrush payment.

(4) In regulation 48(10) (income treated as capital) after sub-paragraph (ab)(5) insert—

(ac)which is a child abuse payment;

(ad)which is a Windrush payment; or.

(5) In regulation 51(3B)(6) (notional capital), for “a payment of capital which is a Grenfell Tower payment” substitute—

“any of the following payments of capital—

(a)a Grenfell Tower payment;

(b)a child abuse payment;

(c)a Windrush payment”.

(6) In paragraph 18(8)(b) (non-dependant deductions)(7) of Schedule 3 (housing costs), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(7) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a)in paragraph 21(2)(8), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b)in paragraph 39—

(i)for sub-paragraph (1A)(9) substitute—

(1A) Any—

(a)Grenfell Tower payment;

(b)child abuse payment;

(c)Windrush payment.;

(c)in each of the sub-paragraphs (2) to (6)(10), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(8) In Schedule 10 (capital to be disregarded)—

(a)in paragraph 22—

(i)in sub-paragraph (1A)(11) after “Grenfell Tower payment” insert “, child abuse payment, Windrush payment”;

(ii)in each of sub-paragraphs (2) to (6)(12), after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b)in paragraph 29(13), after “Grenfell Tower payment” insert “, child abuse payment or Windrush payment”.

(3)

The definition of “qualifying person” was inserted by regulation 5(2)(b) of S.R. 1992 No. 201 and amended by regulation 2(a) of S.R. 2004 No. 213, regulation 2(2)(b) of S.R. 2005 No. 550, regulation 2(3)(a) of S.R. 2010 No. 69, regulation 7(2)(b) of S.R. 2011 No. 357, regulation 2(2)(b) of S.R. 2017 No. 205, regulation 2(2)(c) of S.R. 2017 No. 219 and regulation 2(b) of S.R. 2020 No. 108

(4)

Regulation 42(4ZB) was inserted by regulation 2(3)(c) of S.R. 2020 No. 108

(5)

Sub-paragraph (ab) was inserted by regulation 2(4)(a) of S.R. 2020 No. 108

(6)

Regulation 51(3B) was inserted by regulation 2(5)(c) of S.R. 2020 No. 108

(7)

Paragraph 18(8)(b) was amended by regulation 2(5)(e) of S.R. 2008 No. 428, regulation 2(3)(e) and (7)(d) of S.R. 2010 No. 69, regulation 7(5)(c) of S.R. 2011 No. 357, regulation 2(3)(d) of S.R. 2017 No. 205, regulation 2(3)(d) of S.R. 2017 No. 219 and regulation 2(10) of S.R. 2020 No. 108

(8)

Paragraph 21(2) was amended by regulation 5(d) of S.R. 1988 No. 205, regulation 4(3)(e) of S.R. 1990 No. 33, regulation 4(7)(a) of S.R. 1991 No. 204, regulation 5(3)(f) of S.R. 1993 No. 195, regulation 2(5)(f) of S.R. 2008 No. 428, regulation 2(3)(f) of S.R. 2010 No. 69, regulation 7(5)(d) of S.R. 2011 No. 357, regulation 2(3)(e) of S.R. 2017 No. 205, regulation 2(3)(e) of S.R. 2017 No. 219, regulation 4(2) of S.R. 2018 No. 192 and regulation 2(11)(a) of S.R. 2020 No. 108

(9)

Sub-paragraph (1A) was inserted by regulation 2(11)(b)(ii) of S.R. 2020 No. 108

(10)

Sub-paragraphs (2) to (5) were amended by regulation 5(7)(b)(ii) to (v) of S.R. 1992 No. 201, Article 2(3) and paragraph 12(8)(b)(i) to (iv) of Schedule 3 to S.R. 2005 No. 536, regulation 2(7)(e) of S.R. 2010 No. 69 and regulation 2(11)(b)(iii) of S.R. 2020 No. 108. Sub-paragraphs (4) and (5) were also amended by regulation 3(5) to S.R. 2000 No. 241 and sub-paragraph (6) was amended by regulation 2(11)(b)(iv) of S.R. 2020 No. 108

(11)

Sub-paragraph (1A) was inserted by regulation 2(12)(a)(ii) of S.R. 2020 No. 108

(12)

Sub-paragraphs (2) to (5) were amended by regulation 5(8)(a)(ii) to (v) of S.R. 1992 No. 201, Article 2(3) and paragraph 12(9)(b) of Schedule 3 to S.R. 2005 No. 536, regulation 2(7)(f) of S.R. 2010 No. 69 and regulation 2(12)(a)(iii) of S.R. 2020 No. 108. Sub-paragraphs (4) and (5) were also amended by regulation 3(5) to S.R. 2000 No. 241 and sub-paragraph (6) was amended by regulation 2(12)(a)(iv) of S.R. 2020 No. 108

(13)

Paragraph 29 was added by regulation 25 of S.R. 1988 No. 318 and amended by regulation 4(4) of S.R. 1990 No. 33, regulation 5(8)(b) of S.R. 1992 No. 201, regulation 5(4) of S.R. 1993 No. 195, regulation 2(3) of S.R. 2007 No. 382, regulation 2(10) of S.R. 2008 No. 428, regulation 2(7)(f) and (10) of S.R. 2010 No. 69, regulation 7(5)(e) of S.R. 2011 No. 357, regulation 2(3)(f) of S.R. 2017 No. 219 and regulation 2(12)(b) of S.R. 2020 No. 108