2010 No. 69
The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010
Made
Coming into operation in accordance with regulation 1
The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 129(2), 131(1), 132(3) and (4), 132A(2) and (3), 133(2)(d), (f) and (i), 134(1)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, sections 5(1)(h) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 19922, Articles 5(1)(f)(iii), 5A(1)(e)(ii), 6(5), 14(4)(a) to (c), 22B(4) and (6), and 36(2) of, and paragraphs 1(2)(b) and 8A(1) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 19953 and paragraph 8 of Schedule 1 to the Social Security (Recovery of Benefits) (Northern Ireland) Order 19974, and now vested in it5, and sections 2(3)(b), 7(7)(a), 15(1)(f) and (6)(a) and (b) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 20026 and sections 4(2), 17(1) and (3)(a) and (b) and 25(2) of the Welfare Reform Act (Northern Ireland) 20077.
Regulations 8 and 9 are made with the consent of the Department of Finance and Personnel8.
The Social Security Advisory Committee has agreed that proposals in respect of regulations 8 and 9 should not be referred to it9.
Citation, commencement and interpretationI1I11
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010 and, subject to paragraphs (2) to (4), shall come into operation on 6th April 2010.
2
This regulation shall come into operation on 1st April 2010.
3
The following provisions shall come into operation on 5th April 2010 in relation to any case where rent is payable at intervals of a week, or any multiple of whole weeks, and in any other case on 1st April 2010—
a
regulation 8(1) to (3), (5) to (7), (9) and (10); and
b
regulation 9(1) to (3) and (5).
4
The following provisions shall come into operation on 13th April 2010—
a
regulation 2(9);
b
regulation 4(11); and
c
regulation 6(4) and (5).
5
The Interpretation Act (Northern Ireland) 195410 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Income Support (General) RegulationsI2I172
I21
The Income Support (General) Regulations (Northern Ireland) 198711 are amended in accordance with paragraphs (2) to (10).
I22
In regulation 2(1) (interpretation) after the definition of “the Macfarlane (Special Payments) (No. 2) Trust”12 insert—
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
I23
In—
a
regulation 2(1) in the definition of “qualifying person”13;
b
regulation 42(4ZA)(a)14 (notional income);
c
regulation 48(10)(c)15 (income treated as capital);
d
regulation 51(3A)(a)16 (notional capital);
e
Schedule 3 (housing costs), paragraph 18(8)(b)17;
f
after “Eileen Trust” insert “, MFET Limited”.
I24
In regulation 6(1)(c) (persons not treated as engaged in remunerative work) after “earnings)” insert “and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work;”.
I25
In regulation 13(2)(dd)23 (circumstances in which persons in relevant education are to be entitled to income support) after “and their families)” insert “or Part II of the Children (Scotland) Act 1995 (promotion of children’s welfare by local authorities and by children’s hearings etc.)”.
I26
In regulation 42 in—
a
paragraph (2)(g)24 for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”;
b
paragraph (2ZA)25 for “age of 60” substitute “qualifying age for state pension credit”; and
c
paragraph (2A)26 for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.
I27
In—
a
regulation 42(4ZA)(a);
b
regulation 48(10)(c);
c
regulation 51(3A)(a);
d
Schedule 3, paragraph 18(8)(b) where it first occurs;
e
Schedule 9, paragraph 39(1) to (5)27; and
after “under” insert “or by”.
I28
In regulation 51 in paragraph (2)(da)30 for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.
I179
In Schedule 2 (applicable amounts) in paragraph 1(3)(a)(ii), paragraph 1(3)(e)(i), paragraph 1(3)(f)(i) and paragraph 1(3)(g)(i)31 after “regulation 4ZA” insert “or income-related employment and support allowance”.
I210
In Schedule 10 in paragraph 29 after “the Fund” insert “, MFET Limited”.
Amendment of the Social Security (Claims and Payments) RegulationsI33
Amendment of the Jobseeker’s Allowance RegulationsI4I184
I41
The Jobseeker’s Allowance Regulations (Northern Ireland) 199634 are amended in accordance with paragraphs (2) to (13).
I42
In regulation 1(2) (citation, commencement and interpretation) after the definition of “maternity leave”35 insert—
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
I43
In—
a
regulation 1(2) in the definition of “qualifying person”36;
b
regulation 105(10A)(a)37 (notional income);
c
regulation 110(10)(c)38 (income treated as capital);
d
regulation 113(3A)(a)39 (notional capital);
e
Schedule 2 (housing costs), paragraph 17(8)(b)40 (non-dependant deductions);
f
Schedule 6 (sums to be disregarded in the calculation of income other than earnings), paragraph 22(2)41; and
after “Eileen Trust” insert “, MFET Limited”.
I44
In regulation 3E(2)(i)44 (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple) for “7 weeks after the date on which the pregnancy ends where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003”, substitute “28 weeks after the date on which the pregnancy ends”.
I45
In regulation 53(a) (persons treated as not engaged in remunerative work) after “earnings)” insert “and in this paragraph “volunteer” means a person who is engaged in voluntary work, otherwise than for a relative, where the only payment received, or due to be paid to the person by virtue of being so engaged, is in respect of any expenses reasonably incurred by the person in connection with that work;”.
I46
In regulation 57(4)(a) (interpretation of Part IV), subject to paragraph (13), omit—
a
paragraph 10 (disabled students);
b
paragraph 12 (deaf students); and
c
paragraph 13 (blind persons).
I47
In regulation 105 in—
a
paragraph (2)(g)45 for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”;
b
paragraph (2B)46 for “age of 60” substitute “qualifying age for state pension credit”;
c
paragraph (3)47 for “aged not less than 60” substitute “ who has attained the qualifying age for state pension credit”.
I48
In—
a
regulation 105(10A)(a);
b
regulation 110(10)(c);
c
regulation 113(3A)(a);
d
Schedule 2, paragraph 17(8)(b) where it first occurs;
e
Schedule 6, paragraph 41(1) to (5)48; and
f
Schedule 7, paragraphs 27(1) to (5)49 and 31,
after “under” insert “or by”.
I49
In regulation 113(2)(da)50 for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.
I410
In regulation 130 (interpretation) after the definition of “grant income” insert—
“last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;
I1811
For regulation 146G(1)51 (applicable amount in hardship cases for joint-claim couples), substitute—
1
The weekly applicable amount of the joint-claim couple to whom a joint-claim jobseeker’s allowance is payable in accordance with this Part of these Regulations shall be reduced by a sum equivalent to—
a
20% of the amount specified in paragraph 1(1)(e) of Schedule 1 in a case where a member of a joint-claim couple is—
i
either pregnant or seriously ill, or
ii
a member of a polygamous marriage and one of the members of that marriage is pregnant or seriously ill, or
b
40% of the amount specified in paragraph 1(1)(e) of Schedule 1 in all other cases.
Amendment of the Social Security (Recovery of Benefits) RegulationsI55
In regulation 2(2) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 199754 (exempted trusts and payments) after sub-paragraph (k)55 add—
l
any payment made by MFET Limited, the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products.
Amendment of the State Pension Credit RegulationsI6I19I206
I61
The State Pension Credit Regulations (Northern Ireland) 200356 are amended in accordance with paragraphs (2) to (7).
I62
In regulation 1(2) (citation, commencement and interpretation)—
a
after the definition of “equity release scheme”57 insert—
“foreign state retirement pension” means any pension which is paid under the law of a country outside the United Kingdom and is in the nature of social security;
b
after the definition of “the Macfarlane (Special Payments) (No. 2) Trust” insert—
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
I63
In—
a
regulation 1(2) in the definition of “qualifying person”58;
b
Schedule 2 (housing costs), paragraph 14(8)(b)59; and
after “the Eileen Trust” insert “, MFET Limited”.
I194
The provisions of regulation 11 (retirement provision in assessed income period) become paragraph (1) of that regulation, and after that paragraph (as renumbered) add—
2
For the purposes of section 7(6) of the Act, a foreign state retirement pension is to be treated as a benefit under the Contributions and Benefits Act.
I205
For regulation 15(2) (income for the purposes of the Act), substitute—
2
For the purposes of section 15(1)(f) of the Act, income includes—
a
all foreign social security benefits which are similar to the social security benefits prescribed under paragraph (1), and
b
any foreign state retirement pension.
I66
In regulation 18(2) (notional income) for “aged not less than 60” substitute “who has attained the qualifying age”.
Amendment of the Social Fund Maternity and Funeral Expenses (General) RegulationsI77
In regulation 10(2) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 200563 (deductions from an award of a funeral payment)—
a
in paragraph (2)—
i
after “under” insert “or by”;
ii
omit the “or” at the end of sub-paragraph (g)64, and
iii
after sub-paragraph (h) add—
or
i
MFET Limited,
b
in paragraph (3)65 after “Eileen Trust” insert “, MFET Limited”.
Amendment of the Housing Benefit RegulationsI9I10I8I9I108
1I9I10
The Housing Benefit Regulations (Northern Ireland) 200666 are amended in accordance with paragraphs (2) to (10).
I9I10I82
In regulation 2(1) (interpretation)—
a
after the definition of “maximum rent (LHA)”67 insert—
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
b
after the definition of “the Skipton Fund” insert—
“special account” means an account as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker’s Allowance Regulations or Chapter 5 of Part 10 of the Employment and Support Allowance Regulations;
3I9I10
In—
a
regulation 2(1) in the definition of “qualifying person”;
b
regulation 39(7)(a)68 (notional income);
c
regulation 43(6)69 (income treated as capital);
d
regulation 46(4)(a)70 (notional capital);
e
regulation 72(9)(b)71 (non-dependant deductions);
f
regulation 82(4)(a)(ii) (evidence and information);
g
Schedule 6 (sums to be disregarded in the calculation of income other than earnings), paragraph 37(1)72 and (7); and
h
Schedule 7 (capital to be disregarded), paragraph 25(1)73 and (7),
after “Eileen Trust” insert “, MFET Limited”.
I84
In regulation 39(2)(c)74 for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.
5I9I10
In—
a
regulation 39(7)(a);
b
regulation 43(6);
c
regulation 46(4)(a);
d
regulation 72(9)(b) where it first occurs;
e
regulation 82(4)(a)(ii);
f
Schedule 6, paragraph 37(1) to (5); and
g
Schedule 7, paragraphs 25(1) to (5) and 3575,
after “under” insert “or by”.
I9I10I86
In regulation 43(7) omit “(as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker’s Allowance Regulations)”.
F17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I88
In regulation 82(5)77 for “is aged not less than 60” substitute “has attained the qualifying age for state pension credit”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) RegulationsI12I13I11I12I139
1I12I13
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 200678 are amended in accordance with paragraphs (2) to (6).
I12I13I112
In regulation 2(1) (interpretation) after the definition of “maximum rent (LHA)”79 insert—
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
3I12I13
In—
a
regulation 2(1) in the definition of “qualifying person”;
b
regulation 53(10)(b)80 (non-dependant deductions);
c
regulation 63(4)(a)(ii) (evidence and information); and
d
Schedule 7 (capital to be disregarded), paragraph 16(1)(a),
after “Eileen Trust” insert “, MFET Limited”.
I114
In regulation 39(4)81 (notional income) for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.
Amendment of the Employment and Support Allowance RegulationsI1410
1
The Employment and Support Allowance Regulations (Northern Ireland) 200884 are amended in accordance with paragraphs (2) to (6).
2
In regulation 2(1) (interpretation) after the definition of “the Mental Health Order” insert the following definition—
“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
3
In—
a
regulation 2(1) in the definition of “qualifying person”;
b
regulation 107(5)(a) (notional income-income due to be paid or income paid to or in respect of a third party);
c
regulation 112(8) (income treated as capital);
d
regulation 115(5)(a) (notional capital);
e
Schedule 6 (housing costs), paragraph 19(8)(b);
f
Schedule 8 (sums to be disregarded in the calculation of income other than earnings), paragraphs 21(2) and 40(1) and (7); and
g
Schedule 9 (capital to be disregarded), paragraphs 27(1) and (7) and 31,
after “Eileen Trust” insert “, MFET Limited”.
4
In regulation 106 (notional income-deprivation and income on application) in—
a
paragraph (2)(g) for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”;
b
paragraph (3) for “age of 60”, substitute “qualifying age for state pension credit”; and
c
paragraph (4) for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.
5
In—
a
regulation 107(5)(a);
b
regulation 112(8);
c
regulation 115(5)(a);
d
Schedule 6, paragraph 19(8)(b) where it first occurs;
e
Schedule 8, paragraph 40(1) to (5); and
f
Schedule 9, paragraph 27(1) to (5),
after “under” insert “or by”.
6
In regulation 115(2)(e) for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.
Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) RegulationsI1511
In regulation 7(2) of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 200885 (exempted trusts and payments) after sub-paragraph (h) add—
i
any payment made from MFET Limited, the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products.
RevocationI1612
Regulation 3 of the Income Support (General) and Jobseeker’s Allowance (Amendment No. 2) Regulations (Northern Ireland) 200286 is hereby revoked.
Sealed with the Official Seal of the Department for Social Development on 8th March 2010
The Department of Finance and Personnel consents to regulations 8 and 9.
Sealed with the Official Seal of the Department of Finance and Personnel on 9th March 2010
(This note is not part of the Regulations)