The Social Security (Income Support and Jobseeker’s Allowance) (Amendment) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”) and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”) to provide that a person who is entitled to income support or a jobseeker’s allowance retains his entitlement to benefit during a period of temporary absence from Northern Ireland in order to receive National Health Service (NHS) hospital treatment pursuant to the Health and Personal Social Services (Northern Ireland) Order 1972 (N.I. 14) or the Health and Personal Social Services (Northern Ireland) Order 1991 (N.I. 1).

Regulation 2 amends regulation 4 of the Income Support Regulations to provide that a person’s entitlement to income support shall continue during such a period of temporary absence if immediately before the beginning of that period the person was entitled to income support.

Regulation 3(4) amends regulation 50 of the Jobseeker’s Allowance Regulations to provide that a claimant or a member of a joint-claim couple shall be treated as being in Northern Ireland during a period of temporary absence from Northern Ireland if immediately before the beginning of that period he was entitled to a jobseeker’s allowance and that absence is for the purpose of receiving NHS hospital treatment.

A new regulation 55A of the Jobseeker’s Allowance Regulations provides that such a claimant or such a member of a joint-claim couple shall also be treated as capable of work during a period of temporary absence from Northern Ireland for the purpose of receiving NHS hospital treatment unless he makes a written statement before that period of temporary absence that he has claimed incapacity benefit, severe disablement allowance or income support (regulation 3(5) and (6)).

Corresponding amendments are made to regulations 14 and 19 of the Jobseeker’s Allowance Regulations to provide that such a claimant or, as the case may be, such a member of a joint-claim couple shall be treated as available for employment and actively seeking employment (regulation 3(2) and (3)).

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, 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.