The Independent Living Fund (2006) Order (Northern Ireland) 2007

Statutory Rules of Northern Ireland

2007 No. 382

family law; Housing; rates; social security

The Independent Living Fund (2006) Order (Northern Ireland) 2007

Made

31st August 2007

Coming into operation

1st October 2007

The Department for Social Development makes the following Order in exercise of the powers conferred by section 61(5) of the Welfare Reform Act 2007(1).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Independent Living Fund (2006) Order (Northern Ireland) 2007 and shall come into operation on 1st October 2007.

(2) The Interpretation Act (Northern Ireland) 1954(2) shall apply to this Order 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(3) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1)(4) (interpretation)—

(a) in the definition of “the Independent Living Funds” for “and the Independent Living (1993) Fund” substitute “, the Independent Living (1993) Fund and the Independent Living Fund (2006)”; and

(b) after the definition of “the Independent Living (1993) Fund” insert—

““the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;”.

(3) In Schedule 10 (capital to be disregarded) in paragraph 29(5) for “or the Independent Living (1993) Fund” substitute “, the Independent Living (1993) Fund or the Independent Living Fund (2006)”.

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations

3.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992(6) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 1(2) (interpretation) after the definition of “Independent Living (Extension) Fund”(7) insert—

““Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;”.

(3) In Schedule 4 (cases where child support maintenance is not to be payable) in paragraph (c)(8) for “or the Independent Living (Extension) Fund” substitute “, the Independent Living (Extension) Fund or the Independent Living Fund (2006)”.

Amendment of the Jobseeker’s Allowance Regulations

4.  In regulation 1(2) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(9) (interpretation)—

(a) in the definition of “the Independent Living Funds” for “and the Independent Living (1993) Fund” substitute “, the Independent Living (1993) Fund and the Independent Living Fund (2006)”; and

(b) after the definition of “the Independent Living (1993) Fund” insert—

““the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;”.

Amendment of the State Pension Credit Regulations

5.  In regulation 1(2) of the State Pension Credit Regulations (Northern Ireland) 2003(10) (interpretation)—

(a) in the definition of “the Independent Living Funds” for “and the Independent Living (1993) Fund” substitute “, the Independent Living (1993) Fund and the Independent Living Fund (2006)”; and

(b) after the definition of “the Independent Living (1993) Fund” insert—

““the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;”.

Amendment of the Housing Renewal Grants (Reduction of Grant) Regulations

6.—(1) The Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004(11) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “the Independent Living (1993) Fund” insert—

““the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;”; and

(b) in the definition of “the Independent Living Funds” for “and the Independent Living (1993) Fund” substitute “, the Independent Living (1993) Fund and the Independent Living Fund (2006)”.

(3) In regulation 36(6) (income treated as capital) for “or the Independent Living Fund” substitute “, the Independent Living Fund or the Independent Living Fund (2006)”.

(4) In Schedule 4 (capital to be disregarded)—

(a) in paragraph 24(1) for “or the Independent Living Fund” substitute “, the Independent Living Fund or the Independent Living Fund (2006)”; and

(b) in paragraph 31 for “or the Independent Living (1993) Fund” substitute “, the Independent Living (1993) Fund or the Independent Living Fund (2006)”.

Amendment of the Housing Benefit Regulations

7.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(12) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “the Independent Living Funds” for “and the Independent Living (1993) Fund” substitute “, the Independent Living (1993) Fund and the Independent Living Fund (2006)”; and

(b) after the definition of “the Independent Living (1993) Fund” insert—

““the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;”.

(3) In Schedule 7 (capital to be disregarded) in paragraph 35 for “or the Independent Living (1993) Fund” substitute “, the Independent Living (1993) Fund or the Independent Living Fund (2006)”.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

8.  In regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(13) (interpretation)—

(a) in the definition of “the Independent Living Funds” for “and the Independent Living (1993) Fund” substitute “, the Independent Living (1993) Fund and the Independent Living Fund (2006)”; and

(b) after the definition of “the Independent Living (1993) Fund” insert—

““the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;”.

Sealed with the Official Seal of the Department for Social Development on 31st August 2007

(L.S.)

Barney McGahan

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends—

• the Income Support (General) Regulations (Northern Ireland) 1987;

• the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992;

• the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;

• the State Pension Credit Regulations (Northern Ireland) 2003;

• the Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004;

• the Housing Benefit Regulations (Northern Ireland) 2006, and

• the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006.

The amendments are consequential upon the coming into force of section 61 of the Welfare Reform Act 2007. Section 61 amends the Disability (Grants) Act 1993 (c. 14) to enable the Secretary of State for Work and Pensions and the Department for Social Development to make grants to the Independent Living Fund (2006). From 1st October 2007, the Independent Living Fund (2006) will operate in place of the Independent Living (Extension) Fund and the Independent Living (1993) Fund.

This Order provides that, in matters of social security, child support and housing, payments from the Independent Living Fund (2006) will be treated in the same way as payments from the Independent Living (Extension) Fund and the Independent Living (1993) Fund. The amendments insert a definition of “the Independent Living Fund (2006)”, include this Fund in the definition of “the Independent Living Funds” and, where necessary within the Regulations, add a reference to this Fund.

(1)

2007 c. 5

(2)

1954 c. 33 (N.I.)

(3)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 No. 318, S.R. 1990 No. 33, S.R. 1992 No. 201 and S.R. 1993 No. 195

(4)

The definitions of “the Independent Living (1993) Fund” and “the Independent Living Funds” were inserted by regulation 5(2) of S.R. 1993 No. 195

(5)

Paragraph 29 was added by regulation 25 of S.R. 1988 No. 318 and amended by regulation 4(4) of S.R. 1990 No. 33, regulation 5(8)(b) of S.R. 1992 No. 201 and regulation 5(4) of S.R. 1993 No. 195

(6)

S.R. 1992 No. 341 as amended by S.R. 1993 No. 164 and revoked, with savings, by regulation 15 of S.R. 2001 No. 18

(7)

The definition of “Independent Living (Extension) Fund” was inserted by regulation 5(2)(e) of S.R. 1993 No. 164

(8)

Paragraph (c) was amended by regulation 5(14) of S.R. 1993 No. 164

(9)

S.R. 1996 No. 198 to which there are amendments not relevant to this Order

(10)

S.R. 2003 No. 28 to which there are amendments not relevant to this Order

(11)

S.R. 2004 No. 8 to which there are amendments not relevant to this Order

(12)

S.R. 2006 No. 405 to which there are amendments not relevant to this Order

(13)

S.R. 2006 No. 406 to which there are amendments not relevant to this Order