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

Amendment of the Housing Benefit Regulations

6.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(1) are amended in accordance with paragraphs (2) and (3).

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

(a) in the definition of “qualifying person”(2) after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

(b) after the definition of “vaccine damage payment”(3) 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)(4) (income treated as capital);

(b) regulation 46(4)(a)(5) (notional capital);

(c) regulation 72(9)(b)(6) (non-dependant deductions);

(d) paragraph 25(1)(7) and (7)(8) of Schedule 7 (capital to be disregarded).

(1)

Relevant amending Regulations are S.R. 2008 No. 428, S.R. 2010 No. 69, S.R. 2011 No. 357, S.R. 2017 Nos. 205 and 219, S.R. 2020 No. 108, S.R. 2021 No. 345 and S.R. 2023 No. 97

(2)

The definition of “qualifying person” was amended by regulation 8(3)(a) of S.R. 2010 No. 69, regulation 19(2)(b) of S.R. 2011 No. 357, regulation 6(2)(b) of S.R. 2017 No. 205, regulation 6(2)(c) of S.R. 2017 No. 219, regulation 5(2)(b) of S.R. 2020 No. 108 and S.R. 2021 No. 345 respectively and regulation 5(2)(c) of S.R. 2023 No. 97

(3)

The definition of “vaccine damage payment” was inserted by regulation 5(2)(b) of S.R. 2023 No. 97

(4)

Regulation 43(6) was amended by regulation 6(3)(b) of S.R. 2008 No. 428, regulation 8(3)(c) and (5)(b) of S.R. 2010 No. 69, regulation 19(5)(b) of S.R. 2011 No. 357, regulation 6(3)(b) of S.R. 2017 Nos. 205 and 219 respectively and regulation 5(4) of S.R. 2020 No. 108, S.R. 2021 No. 345 and S.R. 2023 No. 97 respectively

(5)

Regulation 46(4)(a) was amended by regulation 6(3)(c) of S.R. 2008 No. 428, regulation 8(3)(d) and (5)(c) of S.R. 2010 No. 69, regulation 19(6)(a) of S.R. 2011 No. 357, regulation 6(3)(c) of S.R. 2017 Nos. 205 and 219 respectively and regulation 5(5)(b) of S.R. 2020 No. 108

(6)

Regulation 72(9)(b) was amended by regulation 6(3)(d) of S.R. 2008 No. 428, regulation 8(3)(e) and (5)(d) of S.R. 2010 No. 69, regulation 19(5)(c) of S.R. 2011 No. 357, regulation 6(3)(d) of S.R. 2017 Nos. 205 and 219 respectively and regulation 5(10)(a) of S.R. 2020 No. 108

(7)

Paragraph 25(1) was amended by regulation 6(3)(g) of S.R. 2008 No. 428, regulation 8(3)(h) and (5)(g) of S.R. 2010 No. 69, regulation 19(6)(d) of S.R. 2011 No. 357, regulation 6(3)(g) of S.R. 2017 No. 205, regulation 6(3)(f) of S.R. 2017 No. 219 and regulation 5(12)(b)(i) of S.R. 2020 No. 108

(8)

Paragraph 25(7) was amended by regulation 8(3)(h) of S.R. 2010 No. 69, regulation 19(6)(d) of S.R. 2011 No. 357, regulation 6(3)(g) of S.R. 2017 No. 205, regulation 6(3)(f) of S.R. 2017 No. 219 and regulation 5(12)(b)(v) of S.R. 2020 No. 108