The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the principal sets of Regulations”) and the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003.

Regulations 2(2), 3(2) and 4(2) amend the principal sets of Regulations by inserting a definition of “ERA payment” in the interpretation provisions of each of the principal sets of Regulations. Regulations 2(4)(c), 2(5)(b), 3(5)(c), 3(6)(c), 4(4)(c) and (5)(b) make provision in each of the principal sets of Regulations for ERA payments made under the Employment Retention and Advancement Scheme to be disregarded both in calculation of income other than earnings and as capital. In Great Britain, the Employment Retention and Advancement Scheme is an arrangement made by the Secretary of State under section 2 of the Employment and Training Act 1973 that provides assistance to individuals to improve their job retention or career advancement (or both).

Regulations 2(3), 3(4) and 4(3) amend the principal sets of Regulations in relation to the awards of carer premium. They revoke sub-paragraph (2) because all those who are entitled now fall within sub-paragraph (1) and make associated changes.

Regulations 2(4)(a), 2(5)(b), 3(5)(a), 3(6)(c), 4(4)(a) and 4(5)(b) amend the principal sets of Regulations to provide for income and capital disregards of payments made under the Adoption and Children Act 2002.

Regulations 2(4)(b), 2(5)(a), 3(5)(b), 3(6)(b), 4(4)(b), 4(5)(a) and 5 amend the principal sets of Regulations and the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 to clarify the extent of income and capital disregards in relation to the scheme known as “supporting people”.

Regulations 2(5)(b), 3(6)(c) and 4(5)(b) add to the capital disregards in the principal sets of Regulations payments made to a claimant in respect of community care services.

Regulation 3(3) amends references to the scheme known as “supporting people” in relation to the circumstances in which the costs of cleaning exterior windows and communal areas of a claimant’s accommodation can be met by housing benefit under the Housing Benefit (General) Regulations (Northern Ireland) 1987.

Regulation 3(6)(a) amends the Housing Benefit (General) Regulations (Northern Ireland) 1987 to remove the capital disregard for arrears of council tax benefit.

In so far as these Regulations are required, for the purposes of regulations 3 and 5, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they 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 1992 Act, 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 any charge on business.