5. In Part 2 of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland 1977(1) (prescribed circumstances for increase of a carer’s allowance)—
(a)in paragraph 6 (increase of carer’s allowance for adult dependants) for “section 49” substitute “section 90 of the Contributions and Benefits Act”; and
(b)in paragraph 7 for “the Act” substitute “the Contributions and Benefits Act”.
6. In regulation 2(1) of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982(2) (persons deemed incapable of work)—
(a)in sub-paragraph (b)(3), for “by reason of his being a carrier, or having been in contact with” substitute “by reason of it being known or reasonably suspected that he is infected or contaminated by, or has been in contact with”; and
(b)for sub-paragraphs (cc) and (dd) substitute—
“(cc)regulations 8 and 9 of the Public Health (Ships) Regulations (Northern Ireland) 2008(4) (examination etc., of persons on ships and powers in respect of persons leaving ships) apply;
(dd)regulations 7 and 8 of the Public Health (Aircraft) Regulations (Northern Ireland) 2008(5) (examination etc., of persons on aircraft and powers in respect of persons leaving aircraft) apply; ”.
7.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(6) are amended in accordance with paragraphs (2) to (7).
(2) In regulation 2(1) (interpretation)—
(a)after the definition of “board and lodging accommodation”(7) insert—
““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and
(b)in the definition of “qualifying person”(8) after “the Skipton Fund” insert “, the Caxton Foundation”.
(3) In regulation 21AA(9) (special cases: supplemental – persons from abroad) omit paragraph (4)(f)(i).
(4) For regulation 42(1) (notional income), substitute—
“(1) A claimant is to be treated as possessing income of which the claimant has deprived themselves for the purpose of securing entitlement to income support or increasing the amount of that benefit, or for the purpose of securing entitlement to, or increasing the amount of a jobseeker’s allowance or an employment and support allowance.”.—
(5) In—
(a)regulation 42(4ZA)(a)(10);
(b)regulation 48(10)(c)(11) (income treated as capital);
(c)Schedule 3 (housing costs) paragraph 18(8)(b)(12);
(d)Schedule 9 (sums to be disregarded in the calculation of income other than earnings) paragraphs 21(2)(13) and 39(1)(14); and
(e)Schedule 10 (capital to be disregarded) paragraph 29(15),
after “MFET Limited” insert “, the Skipton Fund”, the Caxton Foundation”.
(6) In—
(a)regulation 51(3A)(a)(16) (notional capital);
(b)Schedule 9 paragraph 39(7)(17); and
(c)Schedule 10 paragraph 22(1)(18) and (7)(19),
after “the Skipton Fund” insert “, the Caxton Foundation”.
(7) In Schedule 2, paragraph 13A(1A)(20) (applicable amounts: enhanced disability premium) after “claimant” insert “or partner”.
8. In paragraph 1 of Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(21) (deductions from benefit and direct payment to third parties) for sub-paragraph (2)(b)(22) substitute—
“(b)contributory employment and support allowance where—
(i)both income-related employment and support allowance and contributory employment and support allowance are in payment and the income-related employment and support allowance alone is insufficient for the purposes of this Schedule, or
(ii)if there was no entitlement to a contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate.”.
9.—(1) The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(23) are amended in accordance with paragraphs (2) and (3).
(2) In regulation 7(2) (failure to provide information)—
(a)in sub-paragraph (a) for “6 weeks” substitute “4 weeks”; and
(b)in sub-paragraph (b)—
(i)for “4 weeks” substitute “3 weeks”; and
(ii)for “2 weeks have” substitute “1 week has”.
(3) In regulation 11(1)(24) (person with an infectious or contagious disease)—
(a)for “by reason of his being a carrier, or having been in contact with” substitute “by reason of it being known or reasonably suspected that he is infected or contaminated by, or has been in contact with”; and
(b)for sub-paragraphs(b)(ii) and (iii) substitute—
“(ii)regulations 8 and 9 of the Public Health (Ships) Regulations (Northern Ireland) 2008(25) (examination etc., of persons on ships and powers in respect of persons leaving ships) apply;
(iii)regulations 7 and 8 of the Public Health (Aircraft) Regulations (Northern Ireland) 2008(26) (examination etc., of persons on aircraft and powers in respect of persons leaving aircraft) apply;”.
10.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(27) are amended in accordance with paragraphs (2) to (11).
(2) In regulation 1(2) (citation, commencement and interpretation)—
(a)after the definition of “board and lodging accommodation” insert—
““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and
(b)in the definition of “qualifying person”(28) after “the Skipton Fund” insert “, the Caxton Foundation”.
(3) In regulation 51 (remunerative work) omit paragraphs (4) and (5).
(4) In—
(a)regulation 61(1)(d) and (e)(29) and (2)(d) (other young persons in prescribed circumstances); and
(b)regulation 62(1), (2) and (3)(30) (registration),
for “Department of Economic Development” in each place it occurs substitute “Department for Employment and Learning”.
(5) In regulation 85A(31) (special cases: supplemental – persons from abroad) omit paragraph (4)(f)(i).
(6) In regulation 105 (notional income) for paragraph (1) substitute—
“(1) A claimant is to be treated as possessing income of which the claimant has deprived themselves for the purpose of securing entitlement to a jobseeker’s allowance or increasing the amount of that allowance, or for the purpose of securing entitlement to, or increasing the amount of income support or an employment and support allowance.”.
(7) In—
(a)regulation 105(10A)(a)(32);
(b)regulation 110(10)(c)(33) (income treated as capital);
(c)Schedule 2 (housing costs), paragraph 17(8)(b)(34);
(d)Schedule 6 (sums to be disregarded in the calculation of income other than earnings), paragraphs 22(2)(35) and 41(1)(36); and
(e)Schedule 7 (capital to be disregarded), paragraph 31(37),
after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.
(8) In—
(a)regulation 113(3A)(a)(38) (notional capital);
(b)Schedule 6, paragraph 41(7)(39); and
(c)Schedule 7, paragraph 27(1)(40),
after “the Skipton Fund” insert “, the Caxton Foundation”.
(9) In Schedule A1(41) (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order), after paragraph 6A(42) (member has limited capability for work) insert—
“6B.—(1) Subject to sub-paragraph (2), a person who provides—
(a)a statement which complies with the rules in Part 1 of Schedule 1 to the Social Security (Medical Evidence) Regulations 1976(43),
(b)a self-certificate for a period of limited capability for work which lasts less than 8 days or in respect of any of the first 7 days of limited capability for work, or
(c)where it would be unreasonable to require a person to provide a statement in accordance with paragraph (a), such other evidence as the Department considers to be sufficient to show that the person has limited capability for work.
(2) Sub-paragraph (1) applies to a person for the period covered by evidence falling within that sub-paragraph.
(3) For the purposes of this paragraph—
(a)“limited capability for work” has the meaning given by section 1(4) of the Welfare Reform Act (Northern Ireland) 2007(44); and
(b)“self-certificate” means a declaration made by the person in writing on a form approved for the purpose by the Department that the person has been unfit for work on a date or for a period specified in the declaration and may include a statement that the person expects to continue to be unfit for work on days subsequent to the date on which it is made.”.
(10) In paragraph 15A(1A) of Schedule 1(45) (applicable amounts: enhanced disability premium) after “claimant” insert “or partner”.
(11) In Schedule 2—
(a)in paragraph 4(4A)(b)(46) (housing costs not met) for “failed to satisfy the condition specified either in Article 4(1)(c), 5(1)(a) or 5A(1)(a) of the Order” substitute “had income equal to or in excess of the prescribed amount of earnings calculated under regulation 56 or the applicable amount determined in accordance with regulations 83 to 86C, whichever applies”; and
(b)in paragraph 13(14)(c)(47) (linking rule) for “he or his partner was engaged in remunerative work or failed to satisfy the conditions specified in Article 4(1)(c) or 5(1)(a) of the Order or the joint-claim couple of which he was a member failed to satisfy the condition in Article 5A(1)(a) of the Order” substitute “ that person, their partner or, where that person is a member of a joint-claim couple, the other member of that couple, was engaged in remunerative work or had income equal to or in excess of the prescribed amount of earnings calculated under regulation 56 or the applicable amount determined in accordance with regulations 83 to 86C, whichever applies”.
11. In regulation 2(2) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997(48) (exempted trusts and payments) after sub-paragraph (l)(49) add—
“(m)any payment made from the Caxton Foundation, the charitable trust of that name established on 28th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions.”.
12. In regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(50) (revision of decisions)—
(a)after paragraph (5C) insert—
“(5D) A decision by the Department under Article 9 or 11 awarding an employment and support allowance may be revised at any time if—
(a)it incorporates a determination that the conditions in regulation 30 of the Employment and Support Allowance Regulations are satisfied;
(b)the condition referred to in sub-paragraph (a) was not satisfied at the time when the claim was made; and
(c)there is a period before the award which falls to be decided.”.
(b)after paragraph (5F)(51) insert—
“(5G) Where—
(a)a person’s entitlement to an employment and support allowance is terminated because of a decision which embodies a determination that the person does not have limited capability for work;
(b)the person appeals that decision to the appeal tribunal;
(c)before or after that decision is appealed by the person, that person claims and there is a decision to award–
(i)income support, or
(ii)jobseeker’s allowance; and
(d)the decision referred to in sub-paragraph (a) is successfully appealed,
the decision to award income support or jobseeker’s allowance may be revised.
(5H) Where—
(a)a conversion decision within the meaning of regulation 5(2)(b) of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations 2010(52) (deciding whether an existing award qualifies for conversion) is made in respect of a person;
(b)the person appeals that decision to the appeal tribunal;
(c)before or after that decision is appealed by the person, that person claims and there is a decision to award–
(i)income support, or
(ii)jobseeker’s allowance; and
(d)the decision referred to in sub-paragraph (a) is successfully appealed,
the decision to award income support or jobseeker’s allowance may be revised.”.
13.—(1) The Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001(53) are amended in accordance with paragraphs (2) and (3).
(2) In regulation 2ZA(1)(54) (requirement for certain lone parents to take part in an interview)—
(a)at the end of sub-paragraph (b), omit “and”;
(b)in sub-paragraph (c)—
(i)for “6” in both places substitute “4, 5 or 6”; and
(ii)at the end of sub-paragraph (c) add—
“, and
(d)he has attained the age of 18.”.
(3) In regulation 8 (reduction of income support)—
(a)in paragraph (1) omit “on the date the deduction commences”; and
(b)omit paragraph (4).
14.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(55) are amended in accordance with paragraphs (2) to (6).
(2) In regulation 1(2) (citation, commencement and interpretation)—
(a)after the definition of “board and lodging accommodation”(56) insert—
““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and
(b)in the definition of “qualifying person”(57) after “the Skipton Fund” insert “, the Caxton Foundation”.
(3) In regulation 2(58) (persons not in Northern Ireland) omit paragraph (4)(f)(i)(59).
(4) In regulation 24 (income paid to third parties)—
(a)in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) or (3)”; and
(b)after paragraph (2) insert—
“(3) Paragraph (1) shall not apply in respect of any payment of income arising out of the claimant’s participation in a service user group.”.
(5) In Schedule 2 (housing costs) in paragraph 14(8)(b)(60) after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.
(6) In Schedule 5 (income from capital)—
(a)in paragraph 15(1)(61) and (7)(62) after “the Skipton Fund” insert “, the Caxton Foundation”; and
(b)after paragraph 23B(63) insert—
“23C. Any payments made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (direct payments)(64).”.
15.—(1) The Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003(65) are amended in accordance with paragraphs (2) to (3).
(2) In regulation 3A(1)(66) (requirement for certain lone parents to take part in an interview)—
(a)at the end of sub-paragraph (b) omit “and”;
(b)in sub-paragraph (c), for “6” substitute “4, 5 or 6”;
(c)at the end of sub-paragraph (c) insert —
“, and
(d)he has attained the age of 18.”.
(3) In regulation 11(67) (failure to take part in an interview)—
(a)in paragraph (2)(c) omit “on the date the reduction commences”; and
(b)omit paragraph (8).
16. In regulation 10 of the Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003(68)(failure to take part in an interview)—
(a)in paragraph (2) omit “on the date the reduction commences”; and
(b)omit paragraph (8).
17. In regulation 6 of the Social Security (Habitual Residence Amendment) Regulations (Northern Ireland) 2004(69) (transitional arrangements and savings)—
(a)after paragraph (1)(c) add—
“(ca)to whom sub-paragraph (c) applied, claims an employment and support allowance and it is subsequently determined that he is entitled to that benefit, and this entitlement is linked to a previous period of entitlement by virtue of regulation 145(1) of the Employment and Support Allowance Regulations (linking rules);”;
(b)in paragraph (2)—
(i)after sub-paragraph (c) omit “and”, and
(ii)after sub-paragraph (d) add—
“; and
(e)regulation 70(2) to (4) of the Employment and Support Allowance Regulations (special cases: supplemental – persons from abroad) does not apply.”; and
(c)for paragraph (4) substitute—
“(4) In this regulation—
(a)“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008(70); and
(b)“specified benefit” means income support, housing benefit, jobseeker’s allowance, state pension credit and employment and support allowance.”.
18. In regulation 10 of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005(71) (deductions from an award of a funeral payment)—
(a)in paragraph (2)—
(i)omit the “or” at the end of sub-paragraph (h)(72), and
(ii)after sub-paragraph (i) add—
“or
(j)the Caxton Foundation,”; and
(b)in paragraph (3)(73) for “and “the London Bombings Relief Charitable Fund”” substitute “, “the London Bombings Relief Charitable Fund” and “the Caxton Foundation””.
19.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(74) are amended in accordance with paragraphs (2) to (7).
(2) In regulation 2(1) (interpretation)—
(a)after the definition of “broad rental market area determination”(75) insert—
““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and
(b)in the definition of “qualifying person”(76) after “the Skipton Fund” insert “, the Caxton Foundation”.
(3) In regulation 10 (persons from abroad) omit paragraph 5(f)(i)(77).
(4) In regulation 34 (earnings of self-employed earners), in paragraph (1) omit the words beginning “and shall include” to the end of the paragraph.
(5) In—
(a)regulation 39(7)(a)(78) (notional income);
(b)regulation 43(6)(79) (income treated as capital);
(c)regulation 72(9)(b)(80) (non-dependant deductions);
(d)Schedule 6 (sums to be disregarded in the calculation of income other than earnings), paragraph 37(1)(81); and
(e)Schedule 7 (capital to be disregarded), paragraph 35(82),
after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.
(6) In—
(a)regulation 46(4)(a)(83) (notional capital);
(b)regulation 82(4)(a)(ii)(84) (evidence and information);
(c)Schedule 6, paragraph 37(7)(85); and
(d)Schedule 7, paragraph 25(1) and (7)(86),
after the “the Skipton Fund” insert “, the Caxton Foundation”.
(7) In Schedule 4 (applicable amounts)—
(a)in paragraph 3 (family premium)—
(i)in sub-paragraph (1) omit “Subject to sub-paragraph (2),”, and
(ii)omit sub-paragraph (2)(87); and
(b)in paragraph 15(1A)(88) (enhanced disability premium) after “claimant” insert “or the claimant’s partner”.
20.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (89) are amended in accordance with paragraphs (2) to (9).
(2) In regulation 2(1) (interpretation)—
(a)after the definition of “broad rental market area determination”(90) insert—
““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and
(b)in the definition of “qualifying person”(91), after “the Skipton Fund” insert “, the Caxton Foundation”.
(3) In regulation 10 (persons from abroad) omit paragraph 5(f)(i)(92).
(4) In regulation 36(1) (earnings of self-employed earners) omit the words beginning “and shall include” to the end of the paragraph.
(5) In regulation 40 (income paid to third parties)—
(a)in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) or (3)”; and
(b)after paragraph (2) add—
“(3) Paragraph (1) shall not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant’s participation in a service user group.”.
(6) In regulation 53(10)(b)(93) (non-dependant deductions) after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.
(7) In—
(a)regulation 63(4)(a)(ii)(94) (evidence and information); and
(b)Schedule 7 (capital to be disregarded) paragraph 16(1)(a)(95),
after “the Skipton Fund” insert “, the Caxton Foundation”.
(8) In Schedule 4 (applicable amounts)—
(a)in paragraph 3 omit sub-paragraph (2)(96); and
(b)in paragraph 7(2)(97) (enhanced disability premium) after “claimant” insert “or the claimant’s partner”.
(9) In Schedule 7 (capital to be disregarded)
(a)after paragraph 28B(98) insert—
“28C. Any payments made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (direct payments)(99).”
21.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(100) are amended in accordance with paragraphs (2) to (16).
(2) In regulation 2(1) (interpretation)—
(a)after the definition of “carer’s allowance” insert—
““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”;
(b)in the definition of” qualifying person”(101) after “the Skipton Fund” insert “, the Caxton Foundation”; and
(c)in the definition of “relevant disease” for paragraphs (b) and (c) substitute—
“(b)regulations 8 and 9 of the Public Health (Ships) Regulations (Northern Ireland) 2008(102) (examination etc., of persons on ships and powers in respect of persons leaving ships) apply; or
(c)regulations 7 and 8 of the Public Health (Aircraft) Regulations (Northern Ireland) 2008(103) (examination etc., of persons on aircraft and powers in respect of persons leaving aircraft) apply; ”.
(3) In regulation 8(1) (relaxation of the first contribution condition), for sub-paragraph (b)(104) substitute—
“(b)the claimant has—
(i)earnings at the lower earnings limit in that tax year on which primary Class 1 contributions have been paid or treated as paid which in total, and disregarding any earnings which exceed the lower earnings limit for that year, are not less than that limit multiplied by 26; or
(ii)earnings factors in that tax year derived from Class 2 contributions multiplied by 26.”.
(4) In regulation 20(c) (certain claimants to be treated as having limited capability for work), for “by reason of the claimant being a carrier, or having been in contact with” substitute “by reason of it being known or reasonably suspected that the claimant is infected or contaminated by, or has been in contact with,”.
(5) In—
(a)regulation 22(2)(a) (failure to provide information in relation to limited capability for work); and
(b)regulation 37(2)(a) (failure to provide information in relation to work-related activity),
for “6 weeks” substitute “4 weeks”.
(6) In—
(a)regulation 22(2)(b); and
(b)regulation 37(2)(b)—
(i)for “4 weeks” substitute “3 weeks”, and
(ii)for “2 weeks have” substitute “1 week has”.
(7) In regulation 70 (special cases: supplemental – persons from abroad) omit paragraph (4)(f)(i).
(8) In—
(a)regulation 107(5)(a)(105) (notional income – income due to be paid or income paid to or in respect of a third party);
(b)regulation 112(8)(106) (income treated as capital);
(c)Schedule 6 (housing costs) paragraph 19(8)(b)(107);
(d)Schedule 8 (sums to be disregarded in the calculation of income other than earnings), paragraphs 21(2)(108) and 40(1)(109); and
(e)Schedule 9 (capital to be disregarded) paragraph 31(110),
after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.
(9) In—
(a)regulation 115(5)(a)(111) (notional capital);
(b)Schedule 8 paragraph 40(7)(112); and
(c)Schedule 9 paragraph 27(1) and (7)(113),
after “the Skipton Fund” insert “, the Caxton Foundation”.
(10) In regulation 147A(5)(114) (claimants appealing a decision)—
(a)in sub-paragraph (c) for “or struck out,” substitute “, struck out or has been discontinued in accordance with the provisions of regulation 33(9) of the Decisions and Appeals Regulations (making of appeals and applications)(115);”; and
(b)after the words “is to be treated as not having limited capability for work”, for the remainder of paragraph (5) substitute “with effect from the day specified in paragraph (5A).”.
(11) After regulation 147A(5) insert—
“(5A) The day specified for the purposes of paragraph (5) is the first day of the benefit week following the date on which the Department either—
(a)receives the clerk of the appeal tribunal’s notification that the appeal is dismissed, withdrawn or struck out, or
(b)discontinues action on an appeal in the circumstances to which regulation 33(9) (Decisions and Appeals) Regulations applies.”.
(12) In regulation 148(3)(116) (work or training beneficiaries) after the definition of “linking term” insert—
““most recent past period of limited capability for work” means the period of limited capability for work which most recently precedes the period in respect of which the current claim is made, including any period of which that previous period is treated as a continuation by virtue of regulation 145(1) or (2) (linking rules);”.
(13) In regulation 161(1)(a) (suspension of payment of a contributory allowance during imprisonment) for “(2)” substitute “(1)”.
(14) In Schedule 4 (amounts), in paragraph 6 (severe disability premium) in—
(a)sub-paragraph (2)(a)(i); and
(b)sub-paragraph (2)(b)(i),
after “care component” insert “or attendance allowance”.
(15) In Schedule 6, paragraph 15 (linking rules) in sub-paragraphs (4)(b) and (17) after “income” insert “equal to or”.
22. In regulation 7(2) of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008(117) (exempted trusts and payments) after sub-paragraph (i)(118) add—
“(j)any payment made from the Caxton Foundation, the charitable trust of that name established on 28th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions.”.
23. In regulation 8 (consequences of a failure to take part in a work-focused interview) of the Social Security (Incapacity Benefit Work-focused Interviews) Regulations (Northern Ireland) 2008(119)—
(a)in paragraph (2) for “(6)” substitute “(5)”; and
(b)omit paragraph (6).
24.—(1) The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations (Northern Ireland) 2008(120) are amended in accordance with paragraphs (2) and (3).
(2) In Part 2, regulation 5(a)(121) (modification of the Jobseeker’s Allowance Regulations) after paragraph 4(A)(3) (housing costs: limitation applicable to qualifying loans) add—
“(4) In determining whether the exemption provided for in sub-paragraph (3) applies, where the claimant or his partner or, if the claimant is a member of a joint-claim couple, the other member of the couple was in receipt of a jobseeker’s allowance immediately before becoming entitled to income support by virtue of regulation 6(6) of the Income Support Regulations, no account shall be taken of entitlement arising by virtue of that regulation.”.
(3) In Part 3, regulation 10(b)(122) (modification of the Jobseeker’s Allowance Regulations) paragraph 4A (housing costs: limitation to qualifying loans)—
(a)in sub-paragraph (2) for “(6)” substitute “(7)”; and
(b)after sub-paragraph (6) add—
“(7) In determining whether the exemption provided for in sub-paragraph (6) applies, where the claimant or his partner or, if the claimant is a member of a joint-claim couple, the other member of the couple was in receipt of a jobseeker’s allowance immediately before becoming entitled to income support by virtue of regulation 6(6) of the Income Support Regulations, no account shall be taken of entitlement arising by virtue of that regulation.”.
25.—(1) The Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010(123) are amended in accordance with paragraphs (2) to (5).
(2) In regulation 6(1)(b) (application of certain statutory provisions for purpose of making conversion decisions) after “revision” insert “or supersession”.
(3) In regulation 17(124) (changes of circumstances before the effective date) in paragraphs (d) and (e) after “revise” insert “or supersede”.
(4) In Schedule 2 (modification of statutory provisions: after the conversion phase)—
(a)in paragraph 4(i)(125), which modifies regulation 147A of the Employment and Support Allowance Regulations (claimants appealing a decision)—
(i)in paragraph (5) of the modified regulation 147A—
(aa)in sub-paragraph (c), for “or struck out,” substitute “, struck out or has been discontinued in accordance with the provisions of regulation 33(9) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (making of appeals and application)(126),”; and
(bb)after the words “is to be treated as not having limited capability for work”, for the remainder of paragraph (5) substitute “with effect from the day specified in paragraph (5A).”,
(ii)after paragraph (5) of the modified regulation 147A insert—
“(5A) The day specified for the purposes of paragraph (5) is the first day of the benefit week following the date on which the Department either—
(a)receives the notification from the clerk to the appeal tribunal that the appeal is dismissed, withdrawn or struck out, or
(b)discontinues action on an appeal in the circumstances to which regulation 33(9) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (making of appeals and application) applies.”, and
(iii)in paragraph (6) of the modified regulation 147A, for “on the first day of the benefit week following the date on which the Department was notified by the appeal tribunal of that decision” substitute “from the first day of the benefit week following the date on which the Department receives the appeal tribunal’s notification of that decision”; and
(b)after paragraph 6 (modification of the Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations) add—
7. Regulation 6 of the Social Security (Habitual Residence) Amendment Regulations (Northern Ireland) 2004(127) (transitional arrangements and savings) is to be read as if—
(a)in paragraph (1)—
(i)sub-paragraphs (a), (b) and (d) were omitted; and
(ii)for sub-paragraph (c) there were substituted—
“(c)is entitled to an employment and support allowance by virtue of—
(i)the Existing Awards Regulations, or
(ii)regulation 30 of the Employment and Support Allowance Regulations (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made) in the circumstances where the person has made and is pursuing an appeal against a conversion decision made under the Existing Awards Regulations which embodies a determination that the person does not have limited capability for work,
and immediately before the effective date of the conversion decision made in respect of that person, was entitled to a specified benefit in respect of a period which was continuous with a period of entitlement to the same or another specified benefit which included 30th April 2004;” and
(b)in paragraph (4), before sub-paragraph (a) there were inserted—
“(za)“conversion decision” and “effective date” have the same meanings as in regulation 2(1) of the Employment and Support Allowance (Transitional Provisions, and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010(128);”.”.
(5) In Schedule 3 (regulations that apply after the conversion phase) after “The Social Security (Work-focused Interviews for Partners) Regulations (Northern Ireland) 2003” insert—
“The Social Security (Habitual Residence) Amendment Regulations (Northern Ireland) 2004”.
26. The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).
S.R. 1977 No. 74; Schedule 2 was amended by paragraph 1(c) of the Schedule to S.R. 2002 No. 323
S.R. 1982 No. 263; relevant amending Regulations are S.R. 2006 No. 142
Sub-paragraph (b) was substituted by regulation 2 of S.R 2006 No. 142
S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 Nos. 146, 205, 318 and 431, S.R. 1990 No. 33, S.R. 1991 No. 204, S.R. 1992 No. 201, S.R. 1993 Nos. 195 and 233, S.R. 1998 No. 326, S.R. 2000 No. 367, S.R. 2004 Nos. 213 and 389, S.R. 2005 No. 550, S.R. 2006 No. 178, S.R. 2008 No. 428, S.R. 2009 No.68, S.R. 2010 No. 69 and S.R. 2011 No. 135
The definition of “board and lodging accommodation” was inserted by regulation 2(a) of S.R. 1988 No. 431
The definition of “qualifying person” was inserted by regulation 5(2)(b) of S.R. 1992 No. 201 and amended by regulation 2(a) of S.R. 2004 No. 213, regulation 2(2)(b) of S.R. 2005 No. 550 and regulation 2(3)(a) of S.R. 2010 No. 69
Regulation 21AA was inserted by regulation 2(3) of S.R. 2006 No. 178; sub-paragraph (4) was substituted by regulation 2 of S.R. 2006 No. 523 and head (i) of sub-paragraph(4)(f) was amended by regulation 2(a) of S.R. 2009 No. 68
Paragraph (4ZA) was inserted by regulation 2(2)(b) of S.R. 1998 No. 326 and sub-paragraph (a) was amended by regulation 2(5)(a) of S.R. 2008 No. 428 and regulation 2(3)(b) and (7)(a) of S.R. 2010 No. 69
Sub-paragraph (c) was amended by regulation 4(3)(b) of S.R. 1990 No. 33, regulation 4(4) of S.R. 1991 No. 204, regulation 5(4) of S.R. 1992 No. 201, regulation 5(3)(b) of S.R. 1993 Nos. 195 and 233, regulation 2(5)(b) of S.R. 2008 No. 428 and regulation 2(3)(c) and (7)(b) of S.R. 2010 No. 69
Sub-paragraph (8)(b) was amended by regulation 2(5)(e) of S.R. 2008 No. 428 and regulation 2(3)(e) and (7)(d) of S.R. 2010 No. 69
Paragraph 21 was substituted by regulation 36(d) of S.R. 1988 No. 146 and sub-paragraph (2) was amended by regulation 5(d) of S.R. 1988 No. 205, regulation 4(3)(e) of S.R. 1990 No. 33, regulation 4(7)(a) of S.R. 1991 No. 204, regulation 5(7)(a) of S.R. 1992 No. 201, regulation 5(3)(f) of S.R. 1993 No. 195, regulation 5(4)(a) of S.R. 1993 No. 233, regulation 2(5)(f) of S.R. 2008 No. 428 and regulation 2(3)(f) of S.R. 2010 No. 69
Paragraph 39(1) was substituted by regulation 4(7)(b) of S.R. 1991 No. 204 and amended by regulation 5(7)(b)(i) of S.R. 1992 No. 201, regulation 5(3)(f) of S.R. 1993 No. 195, regulation 5(4)(b)(i) of S.R. 1993 No. 233, regulation 2(5)(f) of S.R. 2008 No. 428 and regulation 2(3)(f) and (7)(e) of S.R. 2010 No. 69
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, regulation 5(4) of S.R. 1993 No. 195, Article 2(3) of S.R. 2007 No. 382, regulation 2(10) of S.R. 2008 No. 428 and regulation 2(7) (f) and (10) of S.R. 2010 No. 69
Paragraph (3A) was inserted by regulation 3(2)(b) and (3)(c) of S.R. 1998 No. 326 and sub-paragraph (a) was amended by regulation 2(1) and (2)(b) of S.R. 2004 No. 389, regulation 2(3) of S.R. 2005 No. 550 and regulation 2(5)(c) of S.R. 2008 No. 428 and regulation 2(3)(d) and (7)(c) of S.R. 2010 No. 69
Paragraph 39(7) was substituted by regulation 4(7)(b) of S.R. 1991 No. 204; sub-paragraph (7) was added by regulation 5(7)(b)(vi) of S.R. 1992 No. 201 and amended by regulation 2(3) and (4) of S.R. 2004 No. 389, regulation 2(4) of S.R. 2005 No. 550 and regulation 2(3)(f) of S.R. 2010 No. 69
Paragraph 22 was substituted by regulation 4(8)(a) of S.R. 1991 No. 204, sub-paragraph (1) was amended by regulation 5(8)(a)(i) of S.R. 1992 No. 201, regulation 5(5)(a) of S.R. 1993 No. 233, regulation 3(1) and (2)(b) of S.R. 2004 No. 213, regulation 2(5)(a)(i) of S.R. 2005 No. 550, regulation 2(5)(g) of S.R. 2008 No. 428 and regulation 2(3)(g) and (7)(f) of S.R. 2010 No. 69
Sub-paragraph (7) was added by regulation 5(8)(a)(vi) of S.R. 1992 No. 201 and amended by regulation 3(4)(b) of S.R. 2004 No. 213, regulation 2(5)(a)(ii) of S.R. 2005 No. 550 and regulation 2(3)(g) of S.R. 2010 No. 69
Paragraph 13A was inserted by regulation 2(c)(ii) of S.R. 2000 No. 367, sub-paragraph (1A) was inserted by regulation 3(6)(a) of S.R. 2011 No. 135
S.R. 1987 No.465; Schedule 8A was inserted by regulation 2(3) of S.R. 1988 No. 67; paragraph 1 was amended by regulation 7(a) of S.R. 2008 No. 413
Sub-paragraph (2) was added by regulation 7(a)(ii) of S.R. 2008 No. 413
S.R. 1995 No. 41; relevant amending Regulation is S.R. 2006 No. 359
Regulation 11 was substituted by regulation 12(2) of S.R. 2006 No. 359
S.R. 1996 No. 198; relevant amending Regulations are S.R. 1998 No. 326, S.R. 2000 Nos. 350 and 367, S.R. 2001 Nos. 78 and 151, S.R. 2004 Nos.213 and 389, S.R. 2005 No. 550, S.R. 2006 Nos. 178 and 523, S.R. 2008 Nos. 112, 286 and 428, S.R. 2010 No. 69 and S.R. 2011 No. 135
The definition of “qualifying person” was amended by regulation 2(a) of S.R. 2004 No. 213, regulation 4(2)(b) of S.R. 2005 No. 550 and regulation 4(3)(a) of S.R. 2010 No. 69
Sub-paragraphs (d) and (e) were amended by paragraph 19(a) of Schedule to S.R. 2000 No. 350
Regulation 62 was amended by paragraph 20 of Schedule 2 to S.R. 2000 No. 350
Regulation 85A was inserted by regulation 4(3) of S.R. 2006 No. 178 and paragraph 4(f) was substituted by regulation 3(1) of S.R. 2006 No. 523
Paragraph (10A) was inserted by regulation 2(1)(b) of S.R. 1998 No. 326; sub-paragraph (a) was amended by regulation 4(5)(a) of S.R. 2008 No. 428 and regulation 4(3)(b) and (8)(a) of S.R. 2010 No. 69
Sub-paragraph (c) was amended by regulation 4(5)(b) of S.R. 2008 No. 428 and regulation 4(3)(c) and (8)(b) of S.R. 2010 No. 69
Head (b) was amended by regulation 4(5)(e) of S.R. 2008 No. 428 and regulation 4(3)(e) and(8)(d) of S.R. 2010 No. 69
Sub-paragraph (2) was amended by regulation 4(5)(f) of S.R. 2008 No. 428 and regulation 4(3)(f) of S.R. 2010 No. 69
Sub-paragraph (1) was amended by regulation 4(5)(f) of S.R.2008 No. 428 and regulation 4(8)(e) and (12)(a) of S.R. 2010 No. 69
Paragraph 31 was amended by regulation 4(5)(g) of S.R. 2008 No. 428 and regulation 4(3)(g) and (8)(f) of S.R. 2010 No. 69
Paragraph (3A) was inserted by regulation 3(1)(b) of S.R. 1998 No. 326; sub-paragraph (a) was amended by regulation 2(1) and (2)(c) of S.R. 2004 No. 389, regulation 4(3) of S.R. 2005 No. 550, regulation 4(5)(c) of S.R. 2008 No. 428 and regulation 4(3)(d) and (8)(c) of S.R. 2010 No. 69
Sub-paragraph (7) was added by regulation 2(5) of S.R. 2004 No. 389 and amended by regulation 4(4) of S.R. 2005 No. 550 and regulation 4(12)(b) of S.R. 2010 No. 69
Paragraph 27(1) was amended by regulation 3(5) and (6)(b) of S.R. 2004 No. 213, regulation 4(5)(a) of S.R. 2005 No. 550, regulation 4(5)(g) of S.R. 2008 No. 428 and regulation 4(3)(g) and (8)(f) of S.R. 2010 No. 69
Schedule A1 was inserted by regulation 2(4) and Schedule 1 to S.R. 2000 No. 350
Paragraph 6A was inserted by regulation 19(23)(a) of S.R. 2008 No. 286
S.R. 1976 No. 175; Schedule 1 was substituted by regulation 2(3) of S.R. 2010 No. 55
Paragraph 15A was inserted by regulation 4(c)(ii) of S.R. 2000 No. 367; sub-paragraph (1A) was inserted by regulation 7(7)(a) of S.R. 2011 No. 135
Sub-paragraph (4A) was inserted by regulation 13(2) of S.R. 1997 No. 541 and amended by paragraph 54(4)(c) of Schedule 2 to S.R. 2000 No. 350 and regulation 4(14)(a) of S.R. 2008 No. 112
Sub-paragraph (14) was inserted by regulation 12(b)(iii) of S.R. 2001 No. 78; head (c) was amended by regulation 9(b)(iii) of S.R. 2001 No.151 and regulation 4(14)(b) of S.R. 2008 No. 112
Sub-paragraph (l) was added by regulation 5 of S.R. 2010 No. 69
S.R. 1999 No. 162; regulation 3(5C) and (5D) was inserted by regulation 22(3)(c) of S.R. 2008 No. 286 and paragraph (5D) was revoked by regulation 3(2)(a) of S.R. 2009 No. 240
Paragraph (5F) was inserted by regulation 7(2) of S.R. 2010 No. 200
S.R. 2001 No. 152; relevant amending Regulation is S.R. 2008 No. 478
Regulation 2ZA was inserted by regulation 5(3) and amended by regulations 6 and 7 of S.R. 2008 No. 478
S.R. 2003 No. 28; relevant amending Regulations are S.R. 2004 No. 213, S.R. 2005 Nos. 424 and 550, S.R. 2006 Nos. 178 and 523, S.R. 2009 No. 92 and S.R. 2010 No. 69
The definition of “board and lodging accommodation” was inserted by regulation 5(2) of S.R. 2005 No. 424
The definition of “qualifying person” was amended by regulation 2 of S.R. 2004 No. 213, regulation 6(2)(b) of S.R. 2005 No. 550 and regulation 6(3)(a) of S.R. 2010 No. 69
Regulation 2 was substituted by regulation 5 of S.R. 2006 No. 178
Paragraph (f) was substituted by regulation 4(1) of S.R. 2006 No. 523
Sub-paragraph (8)(b) was amended by regulation 5(3)(c) of S.R. 2008 No. 428 and regulation 6(3)(b) of S.R. 2010 No. 69
Sub-paragraph (1) was amended by regulation 3(1) and (2)(c) of S.R. 2004 No. 213, regulation 6(3)(a)(i) of S.R. 2005 No. 550, regulation 5(4) of S.R. 2008 No. 428 and regulation 6(3)(c) and (7) of S.R. 2010 No. 69
Sub-paragraph (7) was amended by regulation 3(4)(c) of S.R. 2004 No. 213, regulation 6(3)(a)(ii) of S.R. 2005 No. 550 and regulation 6(3)(c) of S.R. 2010 No. 69
Paragraph 23B was inserted by regulation 5(4) of S.R. 2009 No. 92
Regulation 3A was inserted by regulation 8(3) and amended by regulation 10 of S.R. 2008 No. 478
Regulation 11 was amended by regulation 8(7) of S.R. 2008 No. 478 and regulation 2(8)(b) of S.R. 2005 No. 443
S.R. 2004 No. 197, these Regulations were revoked by regulation 8(1)(d) (but transitional arrangements and savings in regulation 6 continue in operation by virtue of regulation 8(2)(b) of S.R 2006 No. 178
S.R 2005 No. 506; relevant amending Regulations are S.R. 2005 No. 550 and S.R. 2010 No. 69
Sub-paragraph (h) was amended and sub-paragraph (i) was added by regulation 7(a)(iii) S.R. 2010 No. 69
Paragraph (3) was amended by regulation 7 (b) of S.R. 2005 No. 550 and regulation 7(b) of S.R. 2010 No. 69
S.R. 2006 No. 405; relevant amending Rules are S. R. 2006 No.523, S.R. 2007 No. 382, S.R. 2008 Nos. 101, 378 and 428, S.R. 2010 Nos. 69 and 103 and S.R. 2011 Nos. 135 and 136
The definition of “broad rental market area determination” was inserted by regulation 2(2)(b) of S.R. 2008 No. 101
The definition of “qualifying person” was amended by regulation 8(3)(a) of S.R. 2010 No. 69
Sub-paragraph (f) was substituted by regulation 5(1) of S.R. 2006 No. 523
Regulation 39(7)(a) was amended by regulation 6(3)(a) of S.R. 2008 No. 428 and regulation 8(3)(b) and (5)(a) of S.R 2010 No. 69
Regulation 43(6) was amended by regulation 6(3)(b) of S.R. 2008 No. 428 and regulation 8(3)(c) and (5)(b) of S.R. 2010 No. 69
Regulation 72(9)(b) was amended by regulation 6(3)(d) of S.R. 2008 No. 428 and regulation 8(3)(e) and (5)(d) of S.R. 2010 No. 69
Paragraph 37(1) was amended by regulation 6(3)(f) of S.R. 2008 No. 428 and regulation 8(3)(g) and (5)(f) of S.R. 2010 No. 69
Paragraph 35 was amended by Article 7(3) of S.R. 2007 No. 382, regulation 6(7)(a) of S.R. 2008 No. 428 and regulation 8(5)(g) and (10) of S.R. 2010 No. 69
Regulation 46(4)(a) was amended by regulation 6(3)(c) of S.R. 2008 No. 428 and regulation 8(3)(d) and (5)(c) of S.R. 2010 No. 69
Paragraph (4)(a) was amended by regulation 8(3)(f) and (5)(e) of S.R. 2010 No. 69
Sub-paragraph (7) was amended by regulation 8(3)(g) of S.R. 2010 No. 69
Paragraph 25(1) was amended by regulation 6(3)(g) of S.R. 2008 No. 428 and regulation 8(3)(h) and (5)(g) of S.R. 2010 No. 69 and sub-paragraph (7) was amended by regulation 8(3)(h) of S.R. 2010 No. 69
Sub-paragraph (2) was substituted by regulation 4(7)(a) of S.R. 2011 No. 136
Paragraph 15 was amended by regulation 3(17)(c) of S.R. 2008 No. 378 and regulation 8(3)(b) of S.R. 2010 No. 103; sub-paragraph (1A) was inserted by regulation 12(2)(a)(i) of S.R. 2011 No. 135
S.R. 2006 No. 406; relevant amending Regulations are S.R. 2006 No. 523, S.R. 2008 Nos. 101 and 428, S.R. 2009 No. 92, S.R. 2010 No. 69 and S.R. 2011 Nos. 135 and 136
The definition of “broad rental market area determination” was inserted by regulation 2(2)(b) of S.R. 2008 No. 102
The definition of “qualifying person” was amended by regulation 9(3)(a) of S.R. 2010 No. 69
Sub-paragraph (f) was substituted by regulation 5(1) of S.R. 2006 No. 523
Sub-paragraph (b) was amended by regulation 7(3)(b) of S.R. 2008 No. 428 and regulation 9(3)(b) and (5)(a) of S.R. 2010 No. 69
Paragraph (4)(a)(ii) was amended by regulation 9(3)(c) and (5)(b) of S.R. 2010 No. 69
Sub-paragraph(1)(a) was amended by regulation 9(3)(d) and (5)(c) of S.R. 2010 No. 69
Sub-paragraph (2) was substituted by regulation 5(7) of S.R. 2011 No. 136
Paragraph 7 was renumbered by regulation 13(a)(i) and sub-paragraph (2) was added by regulation 13(a)(iii) of S.R. 2011 No. 135
Paragraph 28B was inserted by regulation 7(7) of S.R. 2009 No. 92
S.R. 2008 No. 280; relevant amending Regulations are S.R. 2010 Nos. 69, 200, 346 and 347
The definition of “qualifying person” was amended by regulation 10(3)(a) of S.R. 2010 No. 69
Sub-paragraph (b) was substituted by regulation 3(3)of S.R. 2010 No. 346
Paragraph 5(a) was amended by regulation 10(3)(b) and (5)(a) of S.R. 2010 No. 69
Regulation 112(8) was amended by regulation 10(3)(c) and (5)(b) of S.R. 2010 No. 69
Sub-paragraph (8)(b) was amended by regulation 10(3)(e) and (5)(d) of S.R. 2010 No. 69
Sub-paragraph (2) was amended by regulation 10(3)(f) of S.R. 2010 No. 69
Sub-paragraph (1) was amended by regulation 10(3)(f) and (5)(e) of S.R. 2010 No. 69
Paragraph (31) was amended by regulation 10(3)(g) of S.R. 2010 No. 69
Sub-paragraph (a) was amended by regulation 10(3)(d) and (5)(c) of S.R. 2010 No. 69
Sub-paragraph (7) was amended by regulation 10(3)(f) of S.R. 2010 No. 69
Sub-paragraphs (1) and (7) were both amended by regulation 10(3)(g) and sub-paragraph (1) was further amended by regulation 10(5)(f) of S.R. 2010 No. 69
Regulation 147A was inserted by regulation 9(15) of S.R. 2010 No. 200
S.R. 1999 No. 162; regulation 33(9) was added by regulation 6(10) of S.R 2000 No. 215 and amended by regulation 2(10)(b) of S.R 2002 No. 189
Paragraph (3)was amended by regulation 6(2)(b) of S.R. 2010 No. 347
Sub-paragraph (i) was added by regulation 11 of S.R. 2010 No. 69
S.R. 2008 No. 503 as amended by S.R. 2009 No. 426
Regulation 5(a) which inserted new paragraph 4A was amended by regulation 3 of S.R. 2009 No. 426
Regulation 10(b) was substituted by regulation 5 of S.R. 2009 No. 426
S.R. 2010 No. 312; relevant amending Regulation is S.R. 2010 No. 347
Regulation 17 was amended by regulation 2(8) of S.R. 2010 No. 347
Paragraph 4(i) was amended by regulation 2(14)(c) of S.R. 2010 No. 347
S.R. 1999 No. 162; Regulation 33(9) was added by regulation 6(10) of S.R 2000 No. 215 and amended by regulation 2(10)(b) of S.R. 2002 No. 189
S.R. 2004 No. 197, these Regulations were revoked by regulation 8(1)(d) (but transitional arrangements and savings in regulation 6 continue in operation by virtue of regulation 8(2)(b) of S.R 2006 No. 178