2023 No. 184

Social Security

The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023

Made27th October 2023

Coming into operation28th October 2023

The Department for Communities1 makes the following Regulations in exercise of the powers conferred by sections 64(1), 70(4), 71(6), 122(1)(a) and (d), 129A(2), 131(1), 132(3) and (4), 132A(3), 133(2)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922, Articles 6(5), 14(1) and (4) of, and paragraph 11(2) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 19953, and now vested in it4, sections 1(5)(a), 15(3) and (6) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 20025, section 17(1) and (3) of, and paragraph 5 of Schedule 2 to, the Welfare Reform Act (Northern Ireland) 20076 and Articles 9(5)(a), 48(1) and (2), 82(3), 97(1), 99(1)(a) of, and paragraphs 4(1) and (3) of Schedule 1 to, the Welfare Reform (Northern Ireland) Order 20157.

Regulations 2(2)(d) and (e), 6 and 7 are made with the consent of the Department of Finance8.

Citation, commencement and interpretation I11

1

These Regulations may be cited as the Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 and shall come into operation on 28th October 2023.

2

The Interpretation Act (Northern Ireland) 19549 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the habitual residence test in income-related benefit legislation I22

1

In the provisions specified in paragraph (2) after sub-paragraph (zzd)10 insert—

zze
a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—
i
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 197111;
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act12; or
iii
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act13;

2

Those provisions are—

a

regulation 21AA(4) of the Income Support (General) Regulations (Northern Ireland) 198714 (special cases: supplemental–persons from abroad);

b

regulation 85A(4) of the Jobseeker’s Allowance Regulations (Northern Ireland) 199615 (special cases: supplemental–persons from abroad);

c

regulation 2(4) of the State Pension Credit Regulations (Northern Ireland) 200316 (persons not in Northern Ireland);

d

regulation 10(5) of the Housing Benefit Regulations (Northern Ireland) 200617 (persons from abroad);

e

regulation 10(5) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 200618 (persons from abroad);

f

regulation 70(4) of the Employment and Support Allowance Regulations (Northern Ireland) 200819 (special cases: supplemental – persons from abroad).

3

In regulation 9(4) of the Universal Credit Regulations (Northern Ireland) 201620 (persons treated as not being in Northern Ireland), after sub-paragraph (zd)21 insert—

ze
a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—
i
has been granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971,
ii
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or
iii
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

Amendment of the Income Support Regulations I33

1

The Income Support (General) Regulations (Northern Ireland) 198722 are amended in accordance with paragraphs (2) and (3).

2

In regulation 2(1) (interpretation)—

a

in the definition of “qualifying person”23 after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

b

after the definition of “vaccine damage payment”24 insert—

“the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 201025;

3

In the provisions specified in sub-paragraphs (a) to (c), after the “National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

a

regulation 48(10)(c)26 (income treated as capital);

b

regulation 51(3A)(a)27 (notional capital);

c

paragraphs 22(1)28 and (7)29 of Schedule 10 (capital to be disregarded).

Amendment of the Jobseeker’s Allowance Regulations I44

1

The Jobseeker’s Allowance Regulations (Northern Ireland) 199630 are amended in accordance with paragraphs (2) and (3).

2

In regulation 1(2) (citation, commencement, interpretation and application31)—

a

in the definition of “qualifying person”32 after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

b

after the definition of “vaccine damage payment”33 insert—

“the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;

3

In the provisions specified in sub-paragraphs (a) to (c), after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

a

regulation 110(10)(c)34 (income treated as capital);

b

regulation 113(3A)(a)35 (notional capital);

c

paragraph 27(1)36 of Schedule 7 (capital to be disregarded).

Amendment of the State Pension Credit Regulations I55

1

The State Pension Credit Regulations (Northern Ireland) 200337 are amended in accordance with paragraphs (2) and (3).

2

In regulation 1(2) (citation, commencement and interpretation)—

a

in the definition of “qualifying person”38 after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

b

after the definition of “vaccine damage payment”39 insert—

“the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;

3

In the provisions specified in sub-paragraphs (a) and (b), after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

a

paragraph 14(8)(b)40 of Schedule 2 (housing costs);

b

paragraph 15(1)41 and (7)42 of Schedule 5 (income from capital).

Amendment of the Housing Benefit Regulations I66

1

The Housing Benefit Regulations (Northern Ireland) 200643 are amended in accordance with paragraphs (2) and (3).

2

In regulation 2(1) (interpretation)—

a

in the definition of “qualifying person”44 after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

b

after the definition of “vaccine damage payment”45 insert—

“the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;

3

In the provisions specified in sub-paragraphs (a) to (d), after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

a

regulation 43(6)46 (income treated as capital);

b

regulation 46(4)(a)47 (notional capital);

c

regulation 72(9)(b)48 (non-dependant deductions);

d

paragraph 25(1)49 and (7)50 of Schedule 7 (capital to be disregarded).

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations I77

1

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 200651 are amended in accordance with paragraphs (2) and (3).

2

In regulation 2(1) (interpretation)—

a

in the definition of “qualifying person”52 after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

b

after the definition of “vaccine damage payment”53 insert—

“the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;

3

In the provisions specified in sub-paragraphs (a) and (b), after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

a

regulation 53(10)(b)54 (non-dependant deductions);

b

paragraph 16(1)(a)55 of Schedule 7 (capital to be disregarded).

Amendment of the Employment and Support Allowance Regulations I88

1

The Employment and Support Allowance Regulations (Northern Ireland) 200856 are amended in accordance with paragraphs (2) and (3).

2

In regulation 2(1) (interpretation)—

a

in the definition of “qualifying person”57 after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

b

after the definition of “vaccine damage payment”58 insert—

“the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;

3

In the provisions specified in sub-paragraphs (a) to (c), after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

a

regulation 112(8)(a)59 (income treated as capital);

b

regulation 115(5)(a)60 (notional capital);

c

paragraph 27(1)61 and (7)62 of Schedule 9 (capital to be disregarded).

Amendment of the Universal Credit Regulations I99

In Regulation 76(1A)63 of the Universal Credit Regulations (Northern Ireland) 201664 (special schemes for compensation etc.) after sub-paragraph (e)65 add—

f
the Victims of Overseas Terrorism Compensation Scheme established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010.

Amendment of disability and carer’s benefit legislation I1010

1

In the provisions specified in paragraph (2)—

a

at the end of sub-paragraph (f)66 omit “or”;

b

after sub-paragraph (g)67 add—

or
h
leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—
i
was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023; and
ii
left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack.

2

Those provisions are—

a

regulation 9C(1) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 197668 (refugees and certain persons with leave to enter or remain in the United Kingdom69);

b

regulation 2C(1) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 199270 (refugees and certain persons with leave to enter or remain in the United Kingdom);

c

regulation 2C(1) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 199271 (refugees and certain persons with leave to enter or remain in the United Kingdom).

Amendment of the Personal Independence Payment Regulations I1111

In regulation 23A(1) of the Personal Independence Payment Regulations (Northern Ireland) 201672 (refuges and certain persons with leave to enter or remain in the United Kingdom73)—

a

at the end of sub-paragraph (f)74 omit “or”;

b

after sub-paragraph (g)75 add—

or
h
leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C—
i
was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023; and
ii
left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack.

Sealed with the Official Seal of the Department for Communities on 27th October 2023

(L.S.)Patrick RooneyA senior officer of the Department for Communities

The Department of Finance hereby consents to regulations 2(2)(d) and (e), 6 and 7

Sealed with the Official Seal of the Department of Finance on 27th October 2023

(L.S.)Barry ArmstrongA senior officer of the Department of Finance

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 1 provides for citation, commencement and interpretation.

Regulations 2 to 9 enable certain persons to access income-related benefits upon arrival in Northern Ireland from Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon provided they meet the other relevant entitlement conditions. It also provides that any payments from the Victims of Overseas Terrorism Compensation Scheme (“the Scheme”) established by the Ministry of Justice in 2012 are to be disregarded for certain social security purposes.

Those regulations amend the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, the State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”), the Housing Benefit Regulations (Northern Ireland) 2006, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006, the Employment and Support Allowance Regulations (Northern Ireland) 2008 and the Universal Credit Regulations (Northern Ireland) 2016 (“the Universal Credit Regulations”) - “the income-related benefit regulations”.

The income-related benefit regulations provide that a person is ineligible for benefit where he or she is a “person from abroad”, “a person not in Northern Ireland” (for the purposes of the State Pension Credit Regulations), or “a person treated as not being in Northern Ireland” (for the purposes of the Universal Credit Regulations); that is to say where the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, subject to a list of exemptions.

Regulation 2 inserts a new category into the list of persons who are exempted from having to satisfy the habitual residence test. Those persons are those who were residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and who—

a

have been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;

b

have a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

c

do not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act.

Regulations 3 to 9 amend the income-related benefit regulations to provide that payments from the Scheme established by the Ministry of Justice in 2012 are not to be taken into account in the calculation of capital.

Regulations 10 and 11 enable certain persons to access disability and carer’s benefits upon arrival in Northern Ireland where they were residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon and left in accordance with the criteria above, provided they meet the other relevant entitlement conditions.

Regulation 10 amends the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976, the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 and the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 respectively, and regulation 11 amends the Personal Independence Payment Regulations (Northern Ireland) 2016 to exempt the same group of people from the past presence test. This is the test which normally has to be fulfilled in order to claim Carer’s Allowance, Attendance Allowance, Disability Living Allowance and Personal Independence Payment. The past presence test normally requires that an individual has been present in Northern Ireland for a specified period of time to be eligible for those benefits. The amendments also have the effect of removing the habitual residence requirement for entitlement to disability and carer’s benefits which would otherwise apply to these persons.

These regulations make in relation to Northern Ireland only provision corresponding to provision contained 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, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.