The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010

Citation, commencement and interpretation

1.—(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) 1954(1) shall apply to these Regulations 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(2) are amended in accordance with paragraphs (2) to (10).

(2) In regulation 2(1) (interpretation) after the definition of “the Macfarlane (Special Payments) (No. 2) Trust”(3) 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;”.

(3) In—

(a) regulation 2(1) in the definition of “qualifying person”(4);

(b) regulation 42(4ZA)(a)(5) (notional income);

(c) regulation 48(10)(c)(6) (income treated as capital);

(d) regulation 51(3A)(a)(7) (notional capital);

(e) Schedule 3 (housing costs), paragraph 18(8)(b)(8);

(f) Schedule 9 (sums to be disregarded in the calculation of income other than earnings), paragraph 21(2)(9) and paragraph 39(1)(10) and (7)(11); and

(g) Schedule 10 (capital to be disregarded), paragraph 22(1)(12) and (7)(13),

after “Eileen Trust” insert “, MFET Limited”.

(4) 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;”.

(5) In regulation 13(2)(dd)(14) (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.)”.

(6) In regulation 42 in—

(a) paragraph (2)(g)(15) for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”;

(b) paragraph (2ZA)(16) for “age of 60” substitute “qualifying age for state pension credit”; and

(c) paragraph (2A)(17) for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.

(7) 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)(18); and

(f) Schedule 10, paragraphs 22(1) to (5)(19) and 29(20),

after “under” insert “or by”.

(8) In regulation 51 in paragraph (2)(da)(21) for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.

(9) 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)(22) after “regulation 4ZA” insert “or income-related employment and support allowance”.

(10) In Schedule 10 in paragraph 29 after “the Fund” insert “, MFET Limited”.

Amendment of the Social Security (Claims and Payments) Regulations

3.  In regulation 7 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(23) (evidence and information) in paragraph (4)(24) for “is aged not less than 60”, substitute “has attained the qualifying age”.

Amendment of the Jobseeker’s Allowance Regulations

4.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(25) are amended in accordance with paragraphs (2) to (13).

(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “maternity leave”(26) 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;”.

(3) In—

(a) regulation 1(2) in the definition of “qualifying person”(27);

(b) regulation 105(10A)(a)(28) (notional income);

(c) regulation 110(10)(c)(29) (income treated as capital);

(d) regulation 113(3A)(a)(30) (notional capital);

(e) Schedule 2 (housing costs), paragraph 17(8)(b)(31) (non-dependant deductions);

(f) Schedule 6 (sums to be disregarded in the calculation of income other than earnings), paragraph 22(2)(32); and

(g) Schedule 7 (capital to be disregarded), paragraphs 27(1)(33) and 31(34),

after “Eileen Trust” insert “, MFET Limited”.

(4) In regulation 3E(2)(i)(35) (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”.

(5) 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;”.

(6) 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).

(7) In regulation 105 in—

(a) paragraph (2)(g)(36) for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”;

(b) paragraph (2B)(37) for “age of 60” substitute “qualifying age for state pension credit”;

(c) paragraph (3)(38) for “aged not less than 60” substitute “ who has attained the qualifying age for state pension credit”.

(8) 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)(39); and

(f) Schedule 7, paragraphs 27(1) to (5)(40) and 31,

after “under” insert “or by”.

(9) In regulation 113(2)(da)(41) for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.

(10) 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;”.

(11) For regulation 146G(1)(42) (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.”

(12) In Schedule 6 in paragraph 41—

(a) in sub-paragraph (1) after “(“the Trusts”)”, and

(b) in sub-paragraph (7)(43) after “Skipton Fund”;

insert “, MFET Limited”.

(13) The provisions omitted by paragraph (6) continue to have effect in relation to a person referred to in regulation 2(2) of the Income Support (Prescribed Categories of Person) Regulations (Northern Ireland) 2009(44).

Amendment of the Social Security (Recovery of Benefits) Regulations

5.  In regulation 2(2) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997(45) (exempted trusts and payments) after sub-paragraph (k)(46) 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 Regulations

6.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(47) are amended in accordance with paragraphs (2) to (7).

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

(a) after the definition of “equity release scheme”(48) 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;”; and

(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;”.

(3) In—

(a) regulation 1(2) in the definition of “qualifying person”(49);

(b) Schedule 2 (housing costs), paragraph 14(8)(b)(50); and

(c) Schedule 5 (income from capital), paragraph 15(1)(51) and (7)(52),

after “the Eileen Trust” insert “, MFET Limited”.

(4) 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.”.

(5) 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.”.

(6) In regulation 18(2) (notional income) for “aged not less than 60” substitute “who has attained the qualifying age”.

(7) In Schedule 5 (income from capital) in paragraph 15(1) to (5)(53) after “under” insert “or by”.

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

7.  In regulation 10(2) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005(54) (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)(55), and

(iii) after sub-paragraph (h) add—

“or

(i) MFET Limited,”; and

(b) in paragraph (3)(56) after “Eileen Trust” insert “, MFET Limited”.

Amendment of the Housing Benefit Regulations

8.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(57) are amended in accordance with paragraphs (2) to (10).

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

(a) after the definition of “maximum rent (LHA)”(58) 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;” and

(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;”.

(3) In—

(a) regulation 2(1) in the definition of “qualifying person”;

(b) regulation 39(7)(a)(59) (notional income);

(c) regulation 43(6)(60) (income treated as capital);

(d) regulation 46(4)(a)(61) (notional capital);

(e) regulation 72(9)(b)(62) (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)(63) and (7); and

(h) Schedule 7 (capital to be disregarded), paragraph 25(1)(64) and (7),

after “Eileen Trust” insert “, MFET Limited”.

(4) In regulation 39(2)(c)(65) for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.

(5) 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 35(66),

after “under” insert “or by”.

(6) In regulation 43(7) omit “(as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker’s Allowance Regulations)”.

(7) In regulation 53(2A)(67) (full-time students to be treated as not liable to make payments in respect of a dwelling) after “begun” insert “, or been enrolled or accepted onto,”.

(8) In regulation 82(5)(68) for “is aged not less than 60” substitute “has attained the qualifying age for state pension credit”.

(9) In Schedule 6—

(a) in paragraph 13(1)(a) for “or severe disablement allowance” substitute “, severe disablement allowance or employment and support allowance”; and

(b) in paragraph 60(2) omit “as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker’s Allowance Regulations”.

(10) In Schedule 7 in paragraph 35 after “the Fund” insert “, MFET Limited”.

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

9.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(69) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2(1) (interpretation) after the definition of “maximum rent (LHA)”(70) 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;”.

(3) In—

(a) regulation 2(1) in the definition of “qualifying person”;

(b) regulation 53(10)(b)(71) (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”.

(4) In regulation 39(4)(72) (notional income) for “aged not less than 60” substitute “who has attained the qualifying age for state pension credit”.

(5) In—

(a) regulation 53(10)(b) where it first occurs;

(b) regulation 63(4)(a)(ii); and

(c) Schedule 7, paragraph 16(1) to (5)(73),

after “under” insert “or by”.

(6) In regulation 63(5)(74) for “is aged not less than 60” substitute “has attained the qualifying age for state pension credit”.

Amendment of the Employment and Support Allowance Regulations

10.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(75) 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) Regulations

11.  In regulation 7(2) of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008(76) (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.”.

Revocation

12.  Regulation 3 of the Income Support (General) and Jobseeker’s Allowance (Amendment No. 2) Regulations (Northern Ireland) 2002(77) is hereby revoked.

Sealed with the Official Seal of the Department for Social Development on 8th March 2010

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

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

(L.S.)

Jack Layberry

A senior officer of the Department of Finance and Personnel