The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004 and shall come into operation on 29th March 2004.

(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 Income Support (General) Regulations

2.  In regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987(2) (interpretation) –

(a) for the definition of “dwelling occupied as the home”(3) there shall be substituted the following definition –

““dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with –

(a)

any agricultural land adjoining that dwelling, and

(b)

any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;”;

(b) the definition of “premises”(4) shall be omitted.

Amendment of the Housing Benefit (General) Regulations

3.—(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987(5) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1) (interpretation) –

(a) after the definition of “disability living allowance”(6) there shall be inserted the following definition –

““dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with –

(a)

any agricultural land adjoining that dwelling, and

(b)

any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;”;

(b) the definition of “premises”(7) shall be omitted.

(3) In Schedule 5 (capital to be disregarded) –

(a) for paragraph 1(8) there shall be substituted the following paragraph –

“1.   The dwelling occupied as the home but, notwithstanding regulation 19 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.”;

(b) paragraph 24(1)(9) shall be renumbered as paragraph 24 and sub-paragraph (2) shall be omitted.

Amendment of the Jobseeker’s Allowance Regulations

4.  In regulation 1(2) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(10) (interpretation) for the definition of “dwelling occupied as the home” there shall be substituted the following definition –

““dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with –

(a)

any agricultural land adjoining that dwelling, and

(b)

any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;”.

Amendment of the State Pension Credit Regulations

5.  In regulation 1(2) of the State Pension Credit Regulations (Northern Ireland) 2003(11) (citation, commencement and interpretation) –

(a) for the definition of “dwelling occupied as the home” there shall be substituted the following definition –

““dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with –

(a)

any agricultural land adjoining that dwelling, and

(b)

any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;”;

(b) in Schedule 5 (income from capital) in paragraph 6 for sub-paragraph (2) there shall be substituted the following sub-paragraph –

“(2) In this paragraph “dwelling” means the dwelling occupied as the home formerly so occupied by the claimant.”.

Amendment of the Housing Benefit (State Pension Credit) Regulations

6.  In Schedule 2 to the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003(12), in the Third Schedule (which is to have effect as Schedule 5ZA of the Housing Benefit (General) Regulations (Northern Ireland) 1987 –

(a) in Part I (capital to be disregarded) paragraph 6(1) shall be renumbered as paragraph 6 and sub-paragraph (2) shall be omitted;

(b) in Part II (capital disregarded only for the purposes of determining deemed income) paragraph 29 shall be omitted.

Sealed with the Official Seal of the Department for Social Development on 12th February 2004.

L.S.

John O'Neill

A Senior Officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulations 3 and 6 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 13th February 2004.

L.S.

Ciaran Doran

A Senior Officer of the

Department of Finance and Personnel