2005 No. 550

HOUSING; RATES; SOCIAL SECURITY

The Income-related Benefits (Amendment No. 2) Regulations (Northern Ireland) 2005

Made

Coming into operation

The Department for Social Development, in exercise of the powers conferred by sections 122(1)(a) and (d), 132(3) and (4)(b), 132A(3), 134(1)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, Articles 14(1) and (4)(b) and 36(2)(a) of the Jobseekers (Northern Ireland) Order 19952 and paragraph 8 of Schedule 1 to the Social Security (Recovery of Benefits) (Northern Ireland) Order 19973, and now vested in it4, and sections 15(6)(b) and 19(1), (2)(a) and (3) of the State Pension Credit Act (Northern Ireland) 20025, and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel6 in so far as regulation 3 is concerned and after agreement by the Social Security Advisory Committee that proposals in respect of that regulation should not be referred to it7, hereby makes the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Income-related Benefits (Amendment No. 2) Regulations (Northern Ireland) 2005 and shall come into operation on 12th December 2005.

2

The Interpretation Act (Northern Ireland) 19548 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support (General) Regulations2

1

The Income Support (General) Regulations (Northern Ireland) 19879 shall be amended in accordance with paragraphs (2) to (5).

2

In regulation 2(1) (interpretation)—

a

after the definition of “liable relative” there shall be inserted the following definition—

  • “the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;

b

in the definition of “qualifying person”10 for “or the Skipton Fund” there shall be substituted “, the Skipton Fund or the London Bombings Relief Charitable Fund”.

3

In regulation 51(3A)(a)11 (notional capital) for “or the Skipton Fund” there shall be substituted “, the Skipton Fund or the London Bombings Relief Charitable Fund”.

4

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) in paragraph 39(7)12 for “and the Skipton Fund” there shall be substituted “, the Skipton Fund and the London Bombings Relief Charitable Fund”.

5

In Schedule 10 (capital to be disregarded)—

a

in paragraph 2213—

i

in sub-paragraph (1) for “or the Skipton Fund” there shall be substituted “, the Skipton Fund or the London Bombings Relief Charitable Fund”, and

ii

in sub-paragraph (7) for “and the Skipton Fund” there shall be substituted “, the Skipton Fund and the London Bombings Relief Charitable Fund”; and

b

paragraph 22A14 shall be omitted.

Amendment of the Housing Benefit (General) Regulations3

1

The Housing Benefit (General) Regulations (Northern Ireland) 198715 shall be amended in accordance with paragraphs (2) to (8).

2

In regulation 2(1) (interpretation)—

a

after the definition of “invalid carriage or other vehicle” there shall be inserted the following definition—

  • “the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;

b

in the definition of “qualifying person”16 for “or the Skipton Fund” there shall be substituted “, the Skipton Fund or the London Bombings Relief Charitable Fund”.

3

In regulation 43(3A)(a)17 (notional capital) for “or the Skipton Fund” there shall be substituted “, the Skipton Fund or the London Bombings Relief Charitable Fund”.

4

In regulation 73(3)(a)(ii)18 (evidence and information) for “or the Skipton Fund” there shall be substituted “, the Skipton Fund or the London Bombings Relief Charitable Fund”.

5

In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) in paragraph 37(7)19 for “and the Skipton Fund” there shall be substituted “, the Skipton Fund and the London Bombings Relief Charitable Fund”.

6

In Schedule 5 (capital to be disregarded)—

a

in paragraph 2320—

i

in sub-paragraph (1) for “or the Skipton Fund” there shall be substituted “, the Skipton Fund or the London Bombings Relief Charitable Fund”, and

ii

in sub-paragraph (7) for “and the Skipton Fund” there shall be substituted “, the Skipton Fund and the London Bombings Relief Charitable Fund”; and

b

paragraph 23A21 shall be omitted.

7

In Schedule 5ZA22 (capital to be disregarded)—

a

in paragraph 16(1)(a)23 after “Skipton Fund” there shall be inserted “, the London Bombings Relief Charitable Fund”; and

b

paragraph 16A24 shall be omitted.

8

The amendments made by paragraph (7) are to the Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 25 applies.

Amendment of the Jobseeker’s Allowance Regulations4

1

The Jobseeker’s Allowance Regulations (Northern Ireland) 199626 shall be amended in accordance with paragraphs (2) to (5).

2

In regulation 1(2) (citation, commencement and interpretation)—

a

after the definition of “liable relative” there shall be inserted the following definition—

  • “the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;

b

in the definition of “qualifying person”27 for “or the Skipton Fund” there shall be substituted “, the Skipton Fund or the London Bombings Relief Charitable Fund”.

3

In regulation 113(3A)(a)28 (notional capital) for “or the Skipton Fund” there shall be substituted “, the Skipton Fund or the London Bombings Relief Charitable Fund”.

4

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) at the end of paragraph 41(7)29 there shall be added “and the London Bombings Relief Charitable Fund”.

5

In Schedule 7 (capital to be disregarded)—

a

in paragraph 27(1)30 after the words “Skipton Fund” there shall be inserted “, the London Bombings Relief Charitable Fund”; and

b

paragraph 27A31 shall be omitted.

Amendment of the Social Security (Recovery of Benefits) Regulations5

In regulation 2(2) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 199732 (exempted trusts and payments) after sub-paragraph (j) there shall be added the following sub-paragraph—

k

any payment made from the London Bombings Relief Charitable Fund, the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005.

Amendment of the State Pension Credit Regulations6

1

The State Pension Credit Regulations (Northern Ireland) 200333 shall be amended in accordance with paragraphs (2) and (3).

2

In regulation 1(2) (citation, commencement and interpretation)—

a

after the definition of “the Jobseeker’s Allowance Regulations” there shall be inserted the following definition—

  • “the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;

b

in the definition of “qualifying person”34 for “or the Skipton Fund” there shall be substituted “, the Skipton Fund or the London Bombings Relief Charitable Fund”.

3

In Schedule 5 (income from capital)—

a

in paragraph 1535—

i

in sub-paragraph (1) for “or the Skipton Fund” there shall be substituted “, the Skipton Fund or the London Bombings Relief Charitable Fund”, and

ii

in sub-paragraph (7) for “and the Skipton Fund” there shall be substituted “, the Skipton Fund and the London Bombings Relief Charitable Fund”; and

b

paragraph 15A36 shall be omitted.

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations7

In regulation 10 of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 200537 (deductions from an award of a funeral payment)—

a

in paragraph (2)—

i

at the end of sub-paragraph (f) the word “or” shall be omitted, and

ii

at the end of sub-paragraph (g) there shall be inserted—

or

h

the London Bombings Relief Charitable Fund,

b

in paragraph (3) for “and “the Skipton Fund”” there shall be substituted “, “the Skipton Fund” and “the London Bombings Relief Charitable Fund””.

Revocation8

The Income-related Benefits (Amendment) Regulations (Northern Ireland) 200538 are hereby revoked.

Sealed with the Official Seal of the Department for Social Development on 8th December 2005.

John O'NeillA senior officer of theDepartment for Social Development

Sealed with the Official Seal of the Department of Finance and Personnel on 8th December 2005.

Jack LayberryA senior officer of theDepartment of Finance and Personnel

(This note is not part of the Regulations.)

These Regulations 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 to make provision for grants paid by the London Bombings Relief Charitable Fund (“the Fund”), and certain payments derived from these grants, to be disregarded when calculating that person’s capital or income for the purpose of an award of benefit.

The Regulations also amend the State Pension Credit Regulations (Northern Ireland) 2003 to provide for grants paid by the Fund to a person, and certain payments derived from these grants, to be disregarded when calculating that person’s income from capital for the purpose of an award of state pension credit.

These Regulations replace the previous disregards that applied in respect of payments from the Fund.

Regulation 3(4) provides, in relation to housing benefit, that a person is not required to furnish any evidence and information about a payment from the Fund when making a claim or in connection with an award.

Regulation 5 amends regulation 2(2) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997 to include an exemption for payments made from the Fund from the compensation recovery scheme.

Regulation 7 amends regulation 10 of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 to ensure that payments from the Fund are not deducted in calculating the amount of a funeral payment.

Regulation 8 makes a consequential revocation.

In so far as these Regulations are required, for the purposes of regulation 3, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, 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, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.