The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008

Citation commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 and shall, subject to paragraph (2) come into operation on 17th November 2008.

(2) Regulation 7(5) shall come into operation on 6th April 2009.

(3) 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) are amended in accordance with paragraphs (2) to (10).

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

(a) omit the definitions of—

(i) “community charge benefit”(3);

(ii) “the Independent Living Fund”(4);

(iii) “the Independent Living Funds”(5);

(iv) “the Independent Living (Extension) Fund”, and

(v) “the Independent Living (1993) Fund”;

(b) in the definition of “non-dependant deduction” for “paragraph 11” substitute “paragraph 18”;

(c) in the definition of “training allowance”(6)—

(i) for “Department of Economic Development” in each place where it occurs, substitute “Department for Employment and Learning”, and

(ii) omit “sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945(7) or”; and

(d) in the definition of “youth training programme”(8) omit “sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or”.

(3) In regulation 31 (date on which income is treated as paid)—

(a) in paragraph (1)(9) for “paragraph (2) or (3) applies” substitute “paragraphs (2) to (4) apply”;

(b) in paragraph (3)(10)—

(i) for “Working tax credit or child tax credit” substitute “Subject to paragraph (4), working tax credit”, and

(ii) omit sub-paragraph (c) and the preceding “or”; and

(c) after paragraph (3) add—

“(4) Where working tax credit is paid by virtue of regulation 7D (ceasing to undertake work or working less than 16 hours a week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002(11), it shall be treated as paid on the first day of the benefit week in which that award of tax credit begins; but this paragraph shall only apply until the last day of the last benefit week that coincides with or precedes the last day for which tax credit is awarded under that regulation.”.

(4) In regulation 32(1)(12) (calculation of weekly amount of income)—

(a) after “other than earnings)” insert “and regulations 31(3) (date on which income is treated as paid)” and after “a payment” insert “of income or tax credit”; and

(b) for sub-paragraph (b)(iii) substitute—

“(iii) in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7; and

(iiia) in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52;”.

(5) In—

(a) regulation 42(4ZA)(a)(13) (notional income);

(b) regulation 48(10)(c) (14) (income treated as capital);

(c) regulation 51(3A)(a)(15) (notional capital);

(d) regulation 72(1)(a)(i)(16) (assessment of income and capital in urgent cases);

(e) paragraph 18(8)(b)(17) of Schedule 3 (housing costs);

(f) paragraphs 21(2)(18) and 39(1)(19) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings); and

(g) paragraph 22(1)(20)of Schedule 10 (capital to be disregarded),

for “Funds” substitute “Fund (2006)”.

(6) In regulation 61(1)(21) (interpretation)—

(a) in the definition of “contribution”(22) for “Further and Higher Education (Scotland) Act 1992” substitute “Education (Scotland) Act 1980(23)”;

(b) for the definition of “sandwich course”(24) substitute—

““sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations (Northern Ireland) 2008(25), regulation 2(10) of the Education (Student Support) Regulations (No. 2) 2008(26) or regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007(27), as the case may be;”;

(c) in paragraph (c) of the definition of “standard maintenance grant”(28) omit “and paid under the Further and Higher Education (Scotland) Act 1992”; and

(d) in the definition of “student loan”(29) for “the Students’ Allowances (Scotland) Regulations 1999” substitute “the Students’ Allowances (Scotland) Regulations 2007(30)”.

(7) In regulation 66A(31) (treatment of student loans)—

(a) in paragraph (1) omit “unless it is a hardship loan in which case it shall be disregarded”; and

(b) omit paragraph (1A).

(8) In Schedule 3(32) (housing costs)—

(a) in paragraph 4(10)(b) (housing costs not met) for “children” substitute “persons” and for “who belong to the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”;

(b) in paragraph 14(3) (linking rule) omit “under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945”;

(c) in paragraph 16(2)(l) (loans for repairs and improvements to the dwelling occupied as the home) for “children” substitute “persons” and for “who are part of the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”; and

(d) for paragraph 18(7)(b) (non-dependant deductions) substitute—

“(b) if he is in receipt of an allowance paid in connection with a youth training programme provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the Employment and Training Act (Northern Ireland) 1950(33).”.

(9) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) omit paragraph 45(34).

(10) In Schedule 10 (capital to be disregarded) in paragraph 29(35) omit “, the Independent Living (1993) Fund”.

Amendment of the Social Security (Claims and Payments) Regulations

3.  In Schedule 8A of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(36) (deductions from benefit and direct payment to third parties) at the end of paragraph 9(1)(a) add “, paragraph 4 (miscellaneous accommodation costs) or paragraph 4A (hostel payments).”

Amendment of the Jobseeker’s Allowance Regulations

4.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(37) are amended in accordance with paragraphs (2) to (9).

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

(a) omit the definitions of—

(i) “the Independent Living Fund”;

(ii) “the Independent Living Funds”(38);

(iii) “the Independent Living (Extension) Fund”, and

(iv) “the Independent Living (1993) Fund”;

(b) for the definition of “sandwich course”(39) substitute—

““sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations (Northern Ireland) 2008, regulation 2(10) of the Education (Student Support) (No. 2) Regulations 2008 or regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007 as the case may be;”; and

(c) in the definition of “training allowance”(40) omit “sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or”.

(3) In regulation 96 (date on which income is treated as paid)—

(a) in paragraph (1)(41) for “paragraph (2) or (3) applies” substitute “paragraphs (2) to (4) apply”;

(b) in paragraph (3)(42)—

(i) for “Working tax credit or child tax credit” substitute “Subject to paragraph (4) working tax credit”, and

(ii) omit paragraph (c) and the preceding “or”; and

(c) after paragraph (3) insert—

“(4) Where working tax credit is paid by virtue of regulation 7D (ceasing to undertake work or working less than 16 hours a week) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002, it shall be treated as paid on the first day of the benefit week in which that award of tax credit begins; but this paragraph shall only apply until the last day of the last benefit week that coincides with or precedes the last day for which tax credit is awarded under that regulation.”.

(4) In regulation 97(1)(43) (calculation of weekly amount of income)—

(a) after “other than earnings)” insert “and regulation 96(3) (date on which income is treated as paid)” and after “a payment” insert “of income or tax credit”; and

(b) for sub-paragraph (b)(iii) substitute—

“(iii) in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7; and

(iiia) in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52;”.

(5) In—

(a) regulation 105(10A)(a)(44) (notional income);

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

(c) regulation 113(3A)(a)(45) (notional capital);

(d) regulation 149(1)(a)(i)(46) (assessment of income and capital in urgent cases);

(e) paragraph 17(8)(b) of Schedule 2 (housing costs);

(f) paragraphs 22(2) and 41(1) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings); and

(g) paragraphs 27(1)(47) and 31 of Schedule 7 (capital to be disregarded),

for “Funds” substitute “Fund (2006)”.

(6) In regulation 130 (interpretation)—

(a) in paragraph (c)(48) of the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”; and

(b) in the definition of “student loan”(49) for “the Students’ Allowances (Scotland) Regulations 1999” substitute “the Students’ Allowances (Scotland) Regulations 2007(50)”.

(7) In regulation 136 (treatment of student loans)—

(a) in paragraph (1)(51) omit “unless it is a hardship loan in which case it shall be disregarded”; and

(b) omit paragraph (1A).

(8) In Schedule 2 (housing costs)—

(a) in paragraph 4(10)(b)(52) (housing costs not met) for “children” substitute “persons” and for “who belong to the same family as a claimant”, substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”;

(b) in paragraph 13(3)(53) (linking rule) omit “provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or”;

(c) in paragraph 15(2)(l) (loans for repairs and improvements to the dwelling occupied as the home) for “children” substitute “persons” and for “who are part of the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”; and

(d) for paragraph 17(7)(b)(54) (non-dependant deductions) substitute—

“(b) if he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the Employment and Training Act (Northern Ireland) 1950 for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;”.

(9) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) omit paragraph 44.

Amendment of the State Pension Credit Regulations

5.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(55) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (citation, commencement and interpretation) omit the definitions of—

(a) “the Independent Living Fund”;

(b) “the Independent Living Funds”(56);

(c) “the Independent Living (Extension) Fund”; and

(d) “the Independent Living (1993) Fund”.

(3) In Schedule 2 (housing costs)—

(a) for paragraph 10(6) (excessive housing costs) substitute—

“(6) Where sub-paragraph (4) does not apply and the claimant or the claimant’s partner was able to meet the financial commitments for the dwelling occupied as the home when these were entered into, no restriction shall be made under this paragraph during the first 26 weeks immediately following the date on which—

(a) the claimant became entitled to state pension credit where the claimant’s housing costs fell within one of the cases in sub-paragraph (1) on that date; or

(b) a decision took effect which was made under Article 11 of the Social Security (Northern Ireland) Order 1998(57) (decisions superseding earlier decisions) on the grounds that the claimant’s housing costs fell within one of the cases in sub-paragraph (1),

nor during the next 26 weeks if and so long as the claimant uses his best endeavours to obtain cheaper accommodation.”;

(b) for paragraph 14(7)(b) (persons residing with the claimant) substitute—

“(b) if he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the Employment and Training Act (Northern Ireland) 1950 for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;”; and

(c) in paragraph 14(8)(b) for the word “Funds” substitute “Fund (2006)”.

(4) In paragraph 15(1) of Schedule 5(58) (income from capital) for the word “Funds” substitute “Fund (2006)”.

Amendment of the Housing Benefit Regulations

6.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(59) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation) omit the definitions of—

(a) “community charge benefit”;

(b) “the Independent Living Fund”;

(c) “the Independent Living Funds”(60);

(d) “the Independent Living (Extension) Fund”; and

(e) “the Independent Living (1993) Fund”.

(3) In—

(a) regulation 39(7)(a) (notional income);

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

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

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

(e) regulation 82(4)(b) and (c) (evidence and information);

(f) paragraph 37(1) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings); and

(g) paragraph 25(1) of Schedule 7 (capital to be disregarded),

for “Funds” substitute “Fund (2006)”.

(4) In regulation 50(1) (interpretation)—

(a) in the definition of “contribution” for “Further and Higher Education (Scotland) Act 1992” substitute “Education (Scotland) Act 1980”; and

(b) in the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”.

(5) In regulation 72(7) (non-dependant deductions) for sub-paragraph (b) substitute—

“(b) he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the 1950 Act for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;”.

(6) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) omit paragraph 42.

(7) In Schedule 7 (capital to be disregarded)—

(a) in paragraph 35(61) omit “, the Independent Living (1993) Fund”; and

(b) omit paragraph 37.

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

7.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(62) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(1) (interpretation) omit the definitions of—

(a) “the Independent Living Fund”;

(b) “the Independent Living Funds”(63);

(c) “the Independent Living (Extension) Fund”; and

(d) “the Independent Living (1993) Fund”.

(3) In regulation 53 (non-dependant deductions)—

(a) for sub-paragraph (7)(b) substitute—

“(b) he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the 1950 Act for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;”; and

(b) in sub-paragraph (10)(b) for “Funds” substitute “Fund (2006)”.

(4) In—

(a) regulation 63(4)(b) and (c) (evidence and information); and

(b) paragraph 16(1)(b) of Schedule 7 (capital to be disregarded),

for “Funds” substitute “Fund (2006)”.

(5) In paragraph 14(a)(ii)(64) of Schedule 9 (matters to be included in decision notice) for “income support or an income-based jobseeker’s allowance” substitute “state pension credit”.

Revocations

8.  The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).

Sealed with the Official Seal of the Department for Social Development on 23rd October 2008

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulation 6 and 7.

Sealed with the Official Seal of the Department of Finance and Personnel on 24th October 2008

(L.S.)

Jack Layberry

A senior officer of the Department of Finance and Personnel