The Social Security (Loss of Benefit) (Consequential Amendments) Regulations (Northern Ireland) 2002

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Loss of Benefit) (Consequential Amendments) Regulations (Northern Ireland) 2002 and shall come into operation on 1st April 2002.

(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 Social Security (Credits) Regulations

2.—(1) The Social Security (Credits) Regulations (Northern Ireland) 1975(2) shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation) after the definition of “the Contributions and Benefits Act”(3) there shall be inserted the following definition—

““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.

(3) In regulation 7A(1)(4) (credits for invalid care allowance) after “paid to him” there shall be inserted “or would be paid to him but for a restriction under section 6 of the Fraud Act (loss of benefit provisions)”.

(4) In regulation 8A(2)(5) (credits for unemployment) after sub-paragraph (c) there shall be added—

“or

(d) a week in respect of which he would have been paid a jobseeker’s allowance but for a restriction imposed pursuant to section 6, 7 or 8 of the Fraud Act (loss of benefit provisions).”.

Amendment of the Income Support (General) Regulations

3.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(6) shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation) after the definition of “the Contributions and Benefits Act”(7) there shall be inserted the following definition—

““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.

(3) In Schedule 1B(8) (prescribed categories of person) in paragraph 4(b) (persons caring for another person) at the end there shall be added “or would be in receipt of that allowance but for the application of a restriction under section 6 of the Fraud Act (loss of benefit provisions)”.

(4) In Schedule 2 (applicable amounts) in paragraph 13 (severe disability premium) after sub-paragraph (4) there shall be added the following sub-paragraph—

“(5) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of an invalid care allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 6 of the Fraud Act (loss of benefit provisions).”.

Amendment of the Housing Benefit (General) Regulations

4.—(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987(9) shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation) after the definition of “the Children Order”(10) there shall be inserted the following definition—

““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.

(3) In regulation 2(3A)(11) (interpretation) after sub-paragraph (c) there shall be added the following sub-paragraph—

“(d) in respect of which an income-based jobseeker’s allowance or a joint-claim jobseeker’s allowance would be payable but for a restriction imposed pursuant to section 6, 7 or 8 of the Fraud Act (loss of benefit provisions).”.

(4) In Schedule 2 (applicable amounts) in paragraph 13 (severe disability premium) after sub-paragraph (4)(12) there shall be added the following sub-paragraph—

“(5) In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of an invalid care allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 6 of the Fraud Act (loss of benefit provisions).”.

Amendment of the Jobseeker’s Allowance Regulations

5.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(13) shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “the Child Support Order” there shall be inserted the following definition—

““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.

(3) In regulation 47(4)(b)(ii)(14) (jobseeking period) after “Article 22A of the Order” there shall be added “or by virtue of a restriction imposed pursuant to section 6, 7 or 8 of the Fraud Act (loss of benefit provisions);”.

(4) In Schedule 1 (applicable amounts)—

(a) in paragraph 15 (severe disability premium) after sub-paragraph (8) there shall be added the following sub-paragraph—

“(9) In sub-paragraphs (1)(c) and (2)(d), references to a person being in receipt of an invalid care allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 6 of the Fraud Act (loss of benefit provisions).”;

(b) in paragraph 20I(15) (severe disability premium) after sub-paragraph (6) there shall be added the following sub-paragraph—

“(7) In sub-paragraph (1)(d), the reference to a person being in receipt of an invalid care allowance shall include a reference to a person who would have been in receipt of that allowance but for the application of a restriction under section 6 of the Fraud Act (loss of benefit provisions).”.

Amendment of the Social Security (Back to Work Bonus) (No. 2) Regulations

6.  In regulation 3(1) of the Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 1996(16) (period of entitlement to a qualifying benefit: further provisions) after “Article 21 of the Order” there shall be inserted “or in accordance with section 6, 7 or 8 of the Social Security Fraud Act (Northern Ireland) 2001 (loss of benefit provisions)”.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

7.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(17) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “the Order” there shall be inserted the following definition—

““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.

(3) In regulation 3 (revision of decisions) after paragraph (8) there shall be inserted the following paragraph—

“(8A) Where a court convicts a person of an offence, that conviction results in a restriction being imposed under section 6, 7 or 8 of the Fraud Act (loss of benefit provisions) and that conviction is quashed or set aside by that or any other court, a decision of the Department under Article 9(1)(a) or 11 made in accordance with regulation 6(2)(i) or (j) may be revised at any time.”.

(4) In regulation 6(2) (supersession of decisions) after sub-paragraph (h)(18) there shall be added the following sub-paragraphs—

“(i) is a decision of the Department that a sanctionable benefit is payable to a claimant where that benefit ceases to be payable or falls to be reduced under section 6 or 8 of the Fraud Act and for this purpose “sanctionable benefit” has the same meaning as in section 6 of that Act;

(j) is a decision of the Department that a joint-claim jobseeker’s allowance is payable where that allowance ceases to be payable or falls to be reduced under section 7 of the Fraud Act.”.

(5) In regulation 7 (date from which a decision superseded under Article 11 takes effect) after paragraph (26)(19) there shall be added the following paragraph—

“(27) A decision to which regulation 6(2)(i) or (j) applies shall take effect from the first day of the disqualification period prescribed for the purposes of section 6 of the Fraud Act(20).”.

Amendment of the Housing Benefit (Decisions and Appeals) Regulations

8.—(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(21) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “the Administration Act” there shall be inserted the following definition—

““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.

(3) In regulation 4 (revision of decisions) after paragraph (6) there shall be inserted the following paragraph—

“(6A) Where a court convicts a person of an offence, that conviction results in a restriction being imposed under section 6, 7 or 8 of the Fraud Act (loss of benefit provisions) and that conviction is quashed or set aside by that or any other court, a decision of the relevant authority made in accordance with regulation 7(2)(f) or (g) may be revised at any time.”.

(4) In regulation 7(2) (decisions superseding earlier decisions) after sub-paragraph (e) there shall be added the following sub-paragraphs—

“(f) which is affected by a decision of the Department that a sanctionable benefit payable to a claimant ceases to be payable or falls to be reduced under section 6 or 8 of the Fraud Act and for this purpose “sanctionable benefit” has the same meaning as in section 6 of that Act, or

(g) which is affected by a decision of the Department that a joint-claim jobseeker’s allowance ceases to be payable or falls to be reduced under section 7 of the Fraud Act.”.

(5) In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (7) there shall be added the following paragraph—

“(8) A decision to which regulation 7(2)(f) or (g) applies shall take effect from the first day of the disqualification period prescribed for the purposes of section 6 of the Fraud Act.”.

Amendment of the Discretionary Financial Assistance Regulations

9.  In regulation 3 of the Discretionary Financial Assistance Regulations (Northern Ireland) 2001(22) (circumstances in which discretionary housing payments may be made) after paragraph (h) there shall be added the following paragraph—

“(i) a restriction in relation to the payment of benefit imposed pursuant to section 6, 7 or 8 of the Social Security Fraud Act (Northern Ireland) 2001 (loss of benefit provisions).”.

Sealed with the Official Seal of the Department for Social Development on 6th March 2002.

L.S.

D. A. Baker

Senior Officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulation 4 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 6th March 2002.

L.S.

N. Taylor

Senior Officer of the

Department of Finance and Personnel