The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 and shall come into operation on 2nd April 2007.

(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support (General) Regulations

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

(2) In regulation 2(1) (interpretation) after the definition of “war widower’s pension”(3) insert—

““water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006(4) in so far as such charges are in respect of the dwelling which a person occupies as his home;”.

(3) In regulation 42(4)(a) (notional income) at the end of head (ii)(5) add “, or is used for any water charges for which that claimant or partner is liable”.

(4) In regulation 51(3)(a) (notional capital) at the end of head (ii)(6) add “, or is used for any water charges for which that claimant or partner is liable”.

(5) In regulation 66B(3)(7) (treatment of payments from access funds) for “shall be disregarded as income to the extent of £20 per week” substitute “and any payments from access funds which are used for any water charges for which that claimant or partner is liable shall be disregarded as income to the extent of £20 per week”.

(6) In regulation 68(3)(8) (income treated as capital) for “shall be disregarded as capital but only for a period of 52 weeks from the date of the payment” substitute “or which is used for an item other than any water charges for which that claimant or partner is liable shall be disregarded as capital but only for a period of 52 weeks from the date of the payment”.

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

(a) in paragraph 13(9) at the end of sub-paragraph (2) add “or any water charges for which the claimant or member is liable”;

(b) in paragraph 22—

(i) in sub-paragraph (2)(b)(10) after “rates” insert “or water charges”, and

(ii) after sub-paragraph (2) insert—

“(2A) The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.”; and

(c) in paragraph 67(11) at the end of sub-paragraph (2) add “, or any water charges for which the claimant or member is liable”.

(8) In Schedule 10 (capital to be disregarded) in paragraph 54(12) at the end of sub-paragraph (2) add “or any water charges for which the claimant or member is liable”.

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations

3.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992(13) shall be amended in accordance with paragraphs (2) and (3).

(2) In Schedule 2 (amounts to be disregarded when calculating or estimating N and M) after paragraph 23(b) add—

“(c) water charges payable in respect of that property.”.

(3) In Schedule 3 (eligible housing costs)—

(a) in paragraph 6—

(i) after sub-paragraph (b) insert—

“(ba) water charges, and where the amount of such charges is not separately identified, such part of the charges in question as is attributable to those services;”, and

(ii) in sub-paragraph (c)(14) for “and (b)” substitute “to (ba)”; and

(b) in paragraph 7 after the definition of “close relative”(15) add—

““water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home.”.

Amendment of the Jobseeker’s Allowance Regulations

4.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(16) shall be amended in accordance with paragraphs (2) to (8).

(2) In regulation 1(2) (interpretation) after the definition of “war widower’s pension”(17) insert—

““water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home;”.

(3) In regulation 105(10)(a) (notional income) at the end of head (ii)(18) add “, or is used for any water charges for which that claimant or partner is liable”.

(4) In regulation 113(3)(a) (notional capital) at the end of head (ii)(19) add “, or is used for any water charges for which that claimant or partner is liable”.

(5) In regulations 136A(3)(20) (treatment of payments from access funds) for “shall be disregarded as income to the extent of £20 per week” substitute “and any payments from access funds which are used for any water charges for which that claimant or partner is liable shall be disregarded as income to the extent of £20 per week”.

(6) In regulation 138(3)(21) (income treated as capital) for “shall be disregarded as capital but only for a period of 52 weeks from the date of the payment” substitute “or which is used for an item other than any water charges for which that claimant or partner is liable shall be disregarded as capital but only for a period of 52 weeks from the date of the payment”.

(7) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 14(22) at the end of sub-paragraph (2) add “or any water charges for which the claimant or member is liable”;

(b) in paragraph 23—

(i) in sub-paragraph (2)(b) after “rates” insert “or water charges”, and

(ii) after sub-paragraph (2) insert—

“(2A) The definition of “water charges” in regulation 1(2) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.”; and

(c) in paragraph 65(23) at the end of sub-paragraph (2) add “or any water charges for which that claimant or member is liable”.

(8) In Schedule 7 (capital to be disregarded) in paragraph 49(24) at the end of sub-paragraph (2) add “, or any water charges for which that claimant or member is liable”.

Amendment of the Child Support (Voluntary Payments) Regulations

5.—(1) The Child Support (Voluntary Payments) Regulations (Northern Ireland) 2001(25) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 1(2) (interpretation) after the definition of “relevant person” add—

““water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home.”.

(3) In regulation 3(b)(iv) (types of payment) after “mains supplied gas” insert “, water”.

Amendment of the State Pension Credit Regulations

6.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(26) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 1(2) (interpretation) after the definition of “voluntary organisation” add—

““water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home.”.

(3) In Schedule 4 (amounts to be disregarded in the calculation of income other than earnings) in paragraph 11(2)(b) for “or rates” substitute “, rates or water charges”.

Amendment of the Housing Benefit Regulations

7.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(27) are amended in accordance with paragraphs (2) to (10).

(2) In regulation 2(1) (interpretation) after the definition of “war widower’s pension” insert—

““water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home;”.

(3) In regulation 13 (rent)—

(a) after paragraph (3)(b)(i) insert—

“(ia) except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (6A); ”; and

(b) after paragraph (6) insert—

“(6A) The amount of the deduction referred to in paragraph (3)(b)(ia) shall be—

(a) except in a case to which sub-paragraph (c) applies, if the dwelling occupied by the claimant is a self-contained unit, the amount of the charges;

(b) in any other case except one to which sub-paragraph (c) applies, the proportion of those charges in respect of the self-contained unit which is obtained by dividing the area of the dwelling occupied by the claimant by the area of the self-contained unit of which it forms part;

(c) where the charges vary in accordance with the amount of water actually used, the amount which the Executive considers to be fairly attributable to water, and sewerage services, having regard to the actual or estimated consumption of the claimant.”.

(4) In regulation 14(18) (maximum rent) in the definition of “reckonable rent” for “or deduction for meals” substitute “, deduction for meals or water charges”.

(5) In regulation 39(6) (notional income) at the end of sub-paragraph (b) add “or is used for any water charges for which that claimant or member is liable”.

(6) In regulation 46(3) (notional capital) at the end of sub-paragraph (b) add “or is used for any water charges for which that claimant or member is liable”.

(7) In regulation 63(3) (treatment of payments from access funds) after “his family” insert “, and any payments from access funds which are used for any water charges for which that claimant or member is liable”.

(8) In regulation 66(3) (amounts treated as capital) after “his family,” insert “or which is used for any water charges for which that claimant or member is liable,”.

(9) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 13 at the end of sub-paragraph (2) add “, or is used for any water charges for which that claimant or member is liable”;

(b) in paragraph 18—

(i) in sub-paragraph (2)(b) after “rates” insert “or water charges”, and

(ii) after sub-paragraph (3) add—

“(4) The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.”; and

(c) in paragraph 61 at the end of sub-paragraph (2) add “, or any water charges for which that claimant or member is liable”.

(10) In Schedule 7 (capital to be disregarded) in paragraph 49 at the end of sub-paragraph (2) add “, or any water charges for which that claimant or member is liable”.

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

8.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(28) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(1) (interpretation) after the definition of “war widower’s pension” insert—

““water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home;”.

(3) In regulation 13 (rent)—

(a) after paragraph (3)(b)(i) insert—

“(ia) except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (6A); ”; and

(b) after paragraph (6) insert—

“(6A) The amount of the deduction referred to in paragraph (3)(b)(ia) shall be—

(a) except in a case to which sub-paragraph (c) applies, if the dwelling occupied by the claimant is a self-contained unit, the amount of the charges;

(b) in any other case except one to which sub-paragraph (c) applies, the proportion of those charges in respect of the self-contained unit which is obtained by dividing the area of the dwelling occupied by the claimant by the area of the self-contained unit of which it forms part;

(c) where the charges vary in accordance with the amount of water actually used, the amount which the Executive considers to be fairly attributable to water, and sewerage services, having regard to the actual or estimated consumption of the claimant.”.

(4) In regulation 14(18) (maximum rent) in the definition of “reckonable rent” for “or deduction for meals” substitute “, deduction for meals or water charges”.

(5) In Schedule 6 (amounts to be disregarded in the calculation of income other than earnings) in paragraph 13(2)(b) for “or rates” substitute “, rates or water charges”.

Amendment of the Housing Benefit (Consequential Provisions) Regulations

9.  In Schedule 3 to the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006(29) (transitional and savings provisions) in paragraph 5(1) in regulation 13 (rent) as set out in that paragraph—

(a) after paragraph (3)(a) insert—

“(ab) except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (6A); ”; and

(b) after paragraph (6) insert—

“(6A) The amount of the deduction referred to in paragraph (3)(ab) shall be—

(a) except in a case to which sub-paragraph (c) applies, if the dwelling occupied by the claimant is a self-contained unit, the amount of the charges;

(b) in any other case except one to which sub-paragraph (c) applies, the proportion of those charges in respect of the self-contained unit which is obtained by dividing the area of the dwelling occupied by the claimant by the area of the self-contained unit of which it forms part;

(c) where the charges vary in accordance with the amount of water actually used, the amount which the Executive considers to be fairly attributable to water, and sewerage services, having regard to the actual or estimated consumption of the claimant.”.

Sealed with the Official Seal of the Department for Social Development on 23rd March 2007

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulations 7, 8 and 9.

Sealed with the Official Seal of the Department of Finance and Personnel on 23rd March 2007

(L.S.)

Jack Layberry

A senior officer of the Department of Finance and Personnel