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The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations (Northern Ireland) 2003

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Statutory Rules of Northern Ireland

2003 No. 267

SOCIAL SECURITY

The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations (Northern Ireland) 2003

Made

9th May 2003

Coming into operation

6th October 2003

The Department for Social Development, in exercise of the powers conferred on it by sections 122(1)(a), 131(1), 134(2) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and Articles 6(5) and 36(1) of the Jobseekers (Northern Ireland) Order 1995(2) and now vested in it(3), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 and shall come into operation on 6th October 2003.

(2) Regulation 3 shall come into operation on 6th October 2003 immediately after regulation 25 of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003(4).

(3) The Interpretation Act (Northern Ireland) 1954(5) 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(6) shall be amended in accordance with paragraphs (2) to (9).

(2) In regulation 2(1) (interpretation) the definition of “residential allowance”(7) shall be omitted.

(3) In regulation 17(1) (applicable amounts) sub-paragraph (bb)(8) shall be omitted.

(4) In regulation 18(1) (polygamous marriages) sub-paragraph (cc)(9) shall be omitted.

(5) In regulation 21(1B)(10) (special cases) for “paragraph 10A, 10B, 10C or 13” there shall be substituted “paragraph 13(2)”.

(6) In regulation 71 (applicable amounts in urgent cases) –

(a)in paragraph (1) sub-paragraphs (a)(vi)(11) and (c) shall be omitted; and

(b)paragraph (1A)(12) shall be omitted.

(7) In Schedule 2 (applicable amounts) paragraph 2A(13) shall be omitted.

(8) In Schedule 7 (applicable amounts in special cases) –

(a)paragraphs –

(i)10A(14) (single claimants temporarily in accommodation provided by a Health and Social Services Board);

(ii)10B(15) (couples and members of polygamous marriages where one member is or all are temporarily in accommodation provided by a Health and Social Services Board);

(iii)10C(16) (lone parents who are in residential accommodation temporarily), and

(iv)13(1)(17) (persons in residential accommodation) in columns (1) and (2),

shall be omitted.

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

paragraph 15B(18) shall be omitted.

Amendment of the Social Fund (Cold Weather Payments) (General) Regulations

3.—(1) The Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988(19) shall be amended in accordance with paragraph (2).

(2) In regulation 1A(1)(20) (prescribed description of persons) –

(a)for “The” there shall be substituted “Subject to paragraph (2), the”;

(b)in sub-paragraph (a)(21) “, but does not include the allowance specified in paragraph 2A of that Schedule (residential allowances)” shall be omitted;

(c)in sub-paragraph (aa)(22) “but does not include the allowance specified in paragraph 3 of that Schedule (residential allowances)” shall be omitted;

(d)in sub-paragraph (ab)(23) “and is not resident in a residential care home or nursing home” shall be omitted; and

(e)for paragraph (2)(24) there shall be substituted the following paragraph –

(2) Paragraph (1) does not apply to a person who resides in –

(a)a nursing home within the meaning given by regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987(25);

(b)a residential care home within the meaning given by regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987(26), or

(c)residential accommodation within the meaning given by regulation 21(3) of the Income Support (General) Regulations (Northern Ireland) 1987(27)..

Amendment of the Jobseeker’s Allowance Regulations

4.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(28) shall be amended in accordance with paragraphs (2) to (12).

(2) In regulation 1(2)(29) (citation, commencement and interpretation) the definition of “residential allowance” shall be omitted.

(3) In regulation 83(30) (applicable amounts) paragraph (c) shall be omitted.

(4) In regulation 84(1)(31) (polygamous marriages) sub-paragraph (d) shall be omitted.

(5) In regulation 85 (special cases) –

(a)at the beginning of paragraph (1)(32) for “Subject to paragraph (2A) in” there shall be substituted “In”, and

(b)paragraph (2A)(33) shall be omitted.

(6) In regulation 86A(34) (applicable amounts for joint-claim couples) paragraph (b) shall be omitted.

(7) In regulation 86B(35) (applicable amounts for joint-claim couples: polygamous marriages) paragraph (c) shall be omitted.

(8) In regulation 148 (applicable amounts in urgent cases) –

(a)in paragraph (1) sub-paragraphs (a)(v) and (c)(36) shall be omitted, and

(b)paragraph (1A)(37) shall be omitted.

(9) In regulation 148A(38) (applicable amount in urgent cases: joint-claim couples) –

(a)in paragraph (1) sub-paragraphs (a)(iv) and (c) shall be omitted, and

(b)paragraph (1A)(39) shall be omitted.

(10) In Schedule 1 (applicable amounts) paragraph 3(40) shall be omitted.

(11) In Schedule 4 (applicable amounts in special cases) –

(a)in column (1) of paragraph 1 (person other than claimant who is a patient) for “, 15 and 17” there shall be substituted “and 15”;

(b)paragraphs –

(i)7(41) (single claimants temporarily in accommodation provided by a Health and Social Services Board or an HSS trust);

(ii)8(42) (couples and members of polygamous marriages where one member is or all are temporarily in accommodation provided by a Health and Social Services Board or an HSS trust);

(iii)9(43) (lone parents who are in residential accommodation temporarily),

shall be omitted, and

(c)in columns (1) and (2) of paragraph 15(44) (persons in residential accommodation) sub-paragraph (1) shall be omitted.

(12) In Schedule 4A(45) (applicable amounts of joint-claim couples in special cases) –

(a)in column (1) of paragraph 1 (patients) for “Subject to paragraphs 9 and 11, a” there shall be substituted “A”, and

(b)paragraph 9(46) (members of joint-claim couples in residential accommodation) shall be omitted.

Amendment of the Social Fund Winter Fuel Payment Regulations

5.  In regulation 1 (citation, commencement and interpretation) of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000(47) –

(a)in paragraph (2), in the definition of “nursing home” for “regulation 19(2) of the Income Support Regulations (persons in homes for persons in need and nursing homes)” there shall be substituted “regulation 2(1) of the Income Support Regulations (interpretation)(48)”;

(b)for paragraph (3A)(49) there shall be substituted the following paragraph –

(3A) For the purposes of paragraph (3)(a)(i) “residential care home” has the meaning given to that expression by virtue of paragraphs (a) and (c) of that definition in regulation 2(1) of the Income Support Regulations(50)..

Sealed with the Official Seal of the Department for Social Development on 9th May 2003.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations.)

These Regulations provide for the cessation, from 6th October 2003, of the payment of a residential allowance to recipients of income support or income-based jobseeker’s allowance who are residing in residential care homes or nursing homes. These Regulations also provide for the cessation, from 6th October 2003, of the payment of special amounts to recipients of income support or income-based jobseeker’s allowance who are in residential accommodation as defined in regulation 21(3) of the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”).

These Regulations also amend the Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988 (“the Cold Weather Payments Regulations”) to provide that from 6th October 2003 those who are residing in residential care homes, nursing homes or residential accommodation shall not be entitled to a cold weather payment under those Regulations (regulation 3).

Regulations 2 and 4 amend the Income Support Regulations and the Jobseeker’s Allowance Regulations 1996 (Northern Ireland) (“the Jobseeker’s Allowance Regulations”).

Regulations 2(2) and 4(2) remove the definition of “residential allowance” from the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively.

Regulations 2(7) and 4(10) remove the provisions relating to applicable amounts of residential allowance in the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively.

Regulation 2(6)(b) and (8) and regulation 4(9), (11) and (12) remove provisions in the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively which relate to the special amounts payable to certain people in residential accommodation.

Regulation 2(9) removes paragraph 15B of Schedule 9 to the Income Support Regulations. Paragraph 15B provides that 50 per cent. of income received from an occupational or personal pension or retirement annuity contract shall be disregarded if the claimant is not residing with his spouse, and at least 50 per cent. of that income is being paid to or in respect of his spouse for that spouse’s maintenance.

The remaining paragraphs of regulations 2 and 4 make consequential amendments to the Income Support Regulations and the Jobseeker’s Allowance Regulations.

Regulations 3 and 5 consequentially amend the Cold Weather Payments Regulations and the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000 respectively.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.

(3)

See Article 8(b) of, and Part II of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481)

(7)

The definition of “residential allowance” was inserted by regulation 2(2)(d) of S.R. 1993 No. 149

(8)

Sub-paragraph (bb) was inserted by regulation 2(3) of S.R. 1993 No. 149 and amended by regulation 2 of, and paragraph 2(b) of Schedule 1 to, S.R. 2003 No. 195

(9)

Sub-paragraph (cc) was inserted by regulation 2(4) of S.R. 1993 No. 149 and amended by regulation 2 of, and paragraph 3(b) of Schedule 1 to, S.R. 2003 No. 195

(10)

Paragraph (1B) was inserted by regulation 2(1) of, and paragraph 6(b) of Part I of the Schedule to, S.R. 2002 No. 132

(11)

Head (vi) was added by regulation 4(16)(a) of S.R. 1993 No. 373

(12)

Paragraph (1A) was inserted by regulation 2(1) of, and paragraph 11(e) of Part I of the Schedule to, S.R. 2002 No. 132

(13)

Paragraph 2A was inserted by regulation 2(6) of S.R. 1993 No. 149 and amended by regulation 4(4) of S.R. 1993 No. 165, regulation 2(2)(a) of S.R. 1993 No. 235, regulation 4(17)(b) of S.R. 1993 No. 373, paragraph 1(j) of Schedule 12 to, S.R. 1994 No. 65, regulation 7(3)(a) of S.R. 1997 No. 412, Part 1 of Schedule 2 to, S.R. 2002 No. 99 and regulation 2(1) of, and paragraph 13 of Part I of the Schedule to, S.R. 2002 No. 132

(14)

Paragraph 10A was inserted by regulation 34(b) of S.R. 1988 No. 146 and amended by regulation 8 of, and paragraph 13(a) of Schedule 1 to, S.R. 1989 No. 139, Part 1 of Schedule 4 to, S.R. 2002 No. 99 and regulation 2(1) of, and paragraph 15(c) of Part I of the Schedule to, S.R. 2002 No. 132

(15)

Paragraph 10B was inserted by regulation 34(b) of S.R. 1988 No. 146 and amended by regulation 8 of, and paragraph 13(a) of Schedule 1 to, S.R. 1989 No. 139, Part 1 of Schedule 4 to, S.R. 2002 No. 99 and regulation 2(1) of, and paragraph 15(d) of Part I of the Schedule to, S.R. 2002 No. 132

(16)

Paragraph 10C was inserted by regulation 19(c) of S.R. 1988 No. 431 and amended by regulation 5(5)(b) of S.R. 1996 No. 288, Part 1 of Schedule 4 to, S.R. 2002 No. 99 and regulation 2 of, and paragraph 21(e) and (f) of Schedule 1 to, S.R. 2003 No. 195

(17)

Paragraph 13 was amended by regulation 22(d) of S.R. 1988 No. 318, regulation 19(k)(i) and (ii) of S.R. 1990 No. 131, regulation 1(6)(a)(iv) of Schedule 1 to, S.R. 1993 No. 149, Part 1 of Schedule 4 to, S.R. 2002 No. 99 and regulation 2 of, and paragraph 21(g) of Schedule 1 to, S.R. 2003 No. 195

(18)

Paragraph 15B was inserted by regulation 2 of S.R. 1996 No. 78 and amended by 2(2)(a)(i)(aa) and (bb) and 2(2)(a)(ii) and (iii) of S.R. 1997 No. 22 and regulation 2(1) of, and paragraph 17(d) of Part I of the Schedule to, S.R. 2002 No. 132

(20)

Regulation 1A was inserted by regulation 2 of S.R. 1991 No. 487 and amended by regulation 2 of S.R. 1993 No. 413, regulation 3 of S.R. 1996 No. 488 and regulation 25 of S.R.2003 No. 191

(21)

Sub-paragraph (a) was amended by regulation 2 of S.R. 1993 No. 413

(22)

Sub-paragraph (aa) was inserted by regulation 3(b) of S.R. 1996 No. 488

(23)

Sub-paragraph (ab) was inserted by regulation 25(5)(b) of S.R. 2003 No. 191

(24)

Paragraph (2) was inserted by regulation 25(6) of S.R. 2003 No. 191

(25)

The definition of “nursing home” was substituted by regulation 2(1) of, and paragraph 1 of Part I of the Schedule to, S.R. 2002 No. 132

(26)

The definition of “residential care home” was substituted by regulation 2(1) of, and paragraph 1 of Part I of the Schedule to, S.R. 2002 No. 132

(27)

The definition of “residential accommodation” was substituted by paragraph 1(4)(a) of Schedule 1 to, S.R. 1993 No. 149 and amended by paragraph 1(f) of Schedule 12 to, S.R. 1994 No. 65

(29)

To which there are amendments not relevant to these Regulations

(30)

Regulation 83 was amended by regulation 3 of, and paragraph 2 of Schedule 2 to, S.R. 2003 No. 195

(31)

Regulation 84 was amended by regulation 3 of, and paragraph 3 of Schedule 2 to, S.R. 2003 No. 195

(32)

Paragraph (1) was amended by regulation 2(2) of, and paragraph 6(a) of Part II of the Schedule to, S.R. 2002 No. 132

(33)

Paragraph (2A) was inserted by regulation 2(2) of, and paragraph 6(b) of Part II of the Schedule to, S.R. 2002 No. 132

(34)

Regulation 86A was inserted by paragraph 35 of Schedule 2 to, S.R. 2000 No. 350 and amended by regulation 2(2) of, and paragraph 8 of Part II of the Schedule to, S.R. 2002 No. 132

(35)

Regulation 86B was inserted by paragraph 35 of Schedule 2 to, S.R. 2000 No. 350 and amended by regulation 2(2) of, and paragraph 8 of Part II of the Schedule to, S.R. 2002 No. 132 and regulation 3 of, and paragraph 5 of Schedule 2 to, S.R. 2003 No. 195

(36)

Sub-paragraph (c) was amended by regulation 2(2) of, and paragraph 14(c) of Part II of the Schedule to, S.R. 2002 No. 132

(37)

Paragraph (1A) was inserted by regulation 2(2) of, and paragraph 14(e) of Part II of the Schedule to, S.R. 2002 No. 132

(38)

Regulation 148A was inserted by paragraph 47 of Schedule 2 to, S.R. 2000 No. 350 and amended by regulation 2(2) of, and paragraph 15 of Part II of the Schedule to, S.R. 2002 No. 132

(39)

Paragraph (1A) was inserted by regulation 2(2) of, and paragraph 15(e) of Part II of the Schedule to, S.R. 2002 No. 132

(40)

Paragraph 3 was amended by regulation 7(3)(b) of S.R. 1997 No. 412, paragraph 53(3) of Schedule 2 to, S.R. 2000 No. 350, Part I of Schedule 8 to, S.R. 2002 No. 99 and regulation 2(2) of, and paragraph 17 of Part II of the Schedule to, S.R. 2002 No. 132

(41)

Paragraph 7 was amended by Part I of Schedule 11 to, S.R. 2002 No.99

(42)

Paragraph 8 was amended by Part I of Schedule 11 to, S.R. 2002 No. 99 and regulation 2(2) of, and paragraph 19(a) of Part II of the Schedule to, S.R. 2002 No. 132

(43)

Paragraph 9 was amended by regulation 9(5) of S.R. 1996 No. 288 and Part I of Schedule 11 to, S.R. 2002 No. 99

(44)

Paragraph 15 was amended by Part I of Schedule 11 to, S.R. 2002 No. 99

(45)

Schedule 4A was inserted by paragraph 57 of Schedule 2 to, S.R. 2000 No. 350

(46)

Paragraph 9 was amended by Schedule 12 to, S.R. 2002 No. 99

(47)

S.R. 2000 No. 91; relevant amending Regulations are S.R. 2000 No. 321 and S.R. 2001 No. 373

(48)

The definition of “nursing home” was substituted by regulation 2(1) of, and paragraph 1 of Part I of the Schedule to, S.R. 2002 No. 132

(49)

Paragraph (3A) was inserted by regulation 2(2)(c) of S.R. 2000 No. 321 and amended by regulation 2(2)(b) of S.R. 2001 No. 373

(50)

The definition of “residential care home” was substituted by regulation 2(1) of, and paragraph 1 of Part I of the Schedule to, S.R. 2002 No. 132

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