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

Amendment of the Employment and Support Allowance regulations

7.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(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;”;

(b) in the definition of “qualifying person”(2) after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(3) In regulation 107(5A)(3) (notional income - income due to be paid or income paid to or in respect of a third party) 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) child abuse payment;

(c) a Windrush payment.”.

(4) For regulation 112(8)(b)(4) (income treated as capital) substitute—

“(b) any —

(i) Grenfell Tower payment;

(ii) child abuse payment;

(iii) Windrush payment.”.

(5) In regulation 115(5A)(5) (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) child abuse payment;

(c) a Windrush payment.”.

(6) In paragraph 19(8)(b)(6) (non-dependant deductions) of Schedule 6 (housing costs) after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(7) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 21(2)(7) after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”;

(b) in paragraph 40—

(i) for sub-paragraph (1A)(8) substitute—

“(1A) any—

(a) Grenfell Tower payment;

(b) child abuse payment;

(c) Windrush payment.”;

(ii) in sub-paragraphs (2) to (5) after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(8) In Schedule 9 (capital to be disregarded)—

(a) in paragraph 27(9)

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

(ii) in sub-paragraphs (2) to (5) after “Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(b) in paragraph 31(10)after Grenfell Tower payment” insert “, a child abuse payment or a Windrush payment”.

(1)

S.R. 2008 No. 280; relevant amending Regulation is S.R. 2020 No. 108

(2)

The definition of “qualifying person” was inserted by regulation 5(4) of S.R. 2020 No. 108

(3)

Regulation 107(5A) was inserted by regulation 7(3)(d) of S.R. 2020 No. 108

(4)

Regulation 112(8) was substituted by regulation 7(4) of S.R. 2020 No. 108

(5)

Regulation 115(5A) was inserted by regulation 7(5)(d) of S.R. 2020 No. 108

(6)

Paragraph 19(8)(b) was amended by regulation 7(10)(a) of S.R. 2020 No. 108

(7)

Paragraph 21(2) was amended by regulation 7(11)(a) (i) of S.R. 2020 No. 108

(8)

Sub-paragraph (1A) was substituted by regulation 7(11)(b) (ii) of S.R. 2020 No. 108

(9)

Paragraph 27 was amended by regulation 7(12)(a) (ii) to (iv) of S.R. 2020 No. 108

(10)

Paragraph 31 was substituted by regulation 7(12)(b) of S.R. 2020 No. 108