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The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2014

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2014 and shall come into operation on 28th April 2014.

(2) 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 Regulations

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(2) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2 (interpretation)—

(a)in paragraph (1)(3) omit the definition of “service user group”; and

(b)after paragraph (1A)(4) insert—

(1B) References in these Regulations to a claimant participating as a service user are to—

(a)a person who is being consulted by or on behalf of—

(i)a body which has a statutory duty to provide services in the field of health, social care or social housing, or

(ii)a body which conducts research or undertakes monitoring for the purpose of planning or improving such services,

in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; or

(b)the carer of a person consulted under sub-paragraph (a)..

(3) In regulation 35(2)(f)(5) (earnings of employed earners) for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

(4) In regulation 42(8ZA)(6) (notional income) for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

(5) In paragraph 12(2B)(7) (the standard rate) of Schedule 3 (housing costs) for “0.5%” substitute “0.5 percentage points”.

(6) In paragraph 2A(8) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

Amendment of the Social Security (Claims and Payments) Regulations

3.  In regulation 4(11) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(9) (making a claim for benefit) after “funeral expenses” insert “or winter fuel payment”.

Amendment of the Jobseeker’s Allowance Regulations

4.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(10) are amended in accordance with paragraphs (2) to (6).

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

(a)in paragraph (2)(11) omit the definition of “service user group”; and

(b)after paragraph (2F)(12) insert—

(2G) References in these Regulations to a claimant participating as a service user are to—

(a)a person who is being consulted by or on behalf of—

(i)a body which has a statutory duty to provide services in the field of health, social care or social housing, or

(ii)a body which conducts research or undertakes monitoring for the purpose of planning or improving such services,

in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; or

(b)the carer of a person consulted under sub-paragraph (a)..

(3) In regulation 98(2)(h)(13) (earnings of an employed earner) for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

(4) In regulation 105(15A)(14) (notional income) for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

(5) In paragraph 11(2B)(15) (the standard rate) of Schedule 2 (housing costs) for “0.5%” substitute “0.5 percentage points”.

(6) In paragraph 2A(16) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

Amendment of the State Pension Credit Regulations

5.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(17) are amended in accordance with paragraphs (2) to (6).

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

(a)in paragraph (2) omit the definition of “service user group”(18); and

(b)after paragraph (3) insert—

(3A) References in these Regulations to a claimant participating as a service user are to—

(a)a person who is being consulted by or on behalf of—

(i)a body which has a statutory duty to provide services in the field of health, social care or social housing, or

(ii)a body which conducts research or undertakes monitoring for the purpose of planning or improving such services,

in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; or

(b)the carer of a person consulted under sub-paragraph (a)..

(3) In regulation 17A(3)(f)(19) (earnings of employed earners) for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

(4) In regulation 18(7A)(20) (notional income) for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

(5) In regulation 24(3)(21) (income paid to third parties) for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

(6) In paragraph 9(2B)(22) (the standard rate) of Schedule 2 (housing costs) for “0.5%” substitute “0.5 percentage points”.

Amendment of the Housing Benefit Regulations

6.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(23) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2 (interpretation)—

(a)in paragraph (1)(24) omit the definition of “service user group”; and

(b)after paragraph (4) insert—

(4A) References in these Regulations to a claimant participating as a service user are to—

(a)a person who is being consulted by or on behalf of—

(i)a body which has a statutory duty to provide services in the field of health, social care or social housing, or

(ii)a body which conducts research or undertakes monitoring for the purpose of planning or improving such services,

in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; or

(b)the carer of a person consulted under sub-paragraph (a)..

(3) In regulation 32(2)(d)(25) (earnings of employed earners) for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

(4) In regulation 39(12A)(26) (notional income) for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

(5) In paragraph 2A(27) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

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

7.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(28) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2 (interpretation)—

(a)in paragraph (1)(29) omit the definition of “service user group”; and

(b)after paragraph (5) insert—

(5A) References in these Regulations to a claimant participating as a service user are to—

(a)a person who is being consulted by or on behalf of—

(i)a body which has a statutory duty to provide services in the field of health, social care or social housing, or

(ii)a body which conducts research or undertakes monitoring for the purpose of planning or improving such services,

in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; or

(b)the carer of a person consulted under sub-paragraph (a)..

(3) In regulation 33(2)(e)(30) (earnings of employed earners) for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

(4) In regulation 39(10A)(31) (notional income) for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

(5) In regulation 40(3)(32) (income paid to third parties) for “claimant’s participation in a service user group” substitute “claimant participating as a service user”.

Amendment of the Employment and Support Allowance Regulations

8.  In paragraph 13(2B) (the standard rate) of Schedule 6 (housing costs) of the Employment and Support Allowance Regulations (Northern Ireland) 2008(33) for “0.5%” substitute “0.5 percentage points”.

Revocations

9.  Regulations 2(2)(b), 4(2)(b), 5(2)(b), 6(2)(b) and 7(2)(c) of the Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2009(34) are revoked.

Sealed with the Official Seal of the Department for Social Development on 7th April 2014

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulations 6 and 7.

Sealed with the Official Seal of the Department of Finance and Personnel on 7th April 2014

(L.S.)

Anne McCleary

A senior officer of the Department of Finance and Personnel

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