The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2015

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 and shall come into operation on 23rd February 2015.

(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Service User amendments

2.—(1) This regulation applies to the following provisions—

(a) regulation 2(1B) (interpretation) of the Income Support (General) Regulations (Northern Ireland) 1987(2);

(b) regulation 1(2G) (citation, commencement and interpretation) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(3);

(c) regulation 1(3A) (citation, commencement and interpretation) of the State Pension Credit Regulations (Northern Ireland) 2003(4);

(d) regulation 2(4A) (interpretation) of the Housing Benefit Regulations (Northern Ireland) 2006(5);

(e) regulation 2(5A) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(6); and

(f) regulation 2(8) (interpretation) of the Employment and Support Allowance Regulations (Northern Ireland) 2008(7).

(2) Each of the provisions specified in paragraph (1) (which define when a claimant is participating as a service user) are amended as follows—

(a) after sub-paragraph (a) insert—

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

(i) the Department in relation to any of the Department’s functions in the field of social security or child support or under section 1 of the Employment and Training Act (Northern Ireland) 1950(8) (general functions of the Department as to employment and training for employment), or

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

in their capacity as a person affected or potentially affected by the exercise of those functions or the carer of such a person; or”; and

(b) in sub-paragraph (b) for “sub-paragraph (a)” substitute “sub-paragraphs (a) or (ab)”.

Amendment of the Social Security (Maternity Allowance) Regulations

3.  In regulation 2 of the Social Security (Maternity Allowance) Regulations (Northern Ireland) 1987(9) (disqualification for the receipt of a maternity allowance) omit paragraphs (5) and (6).

Amendment of the Social Fund Winter Fuel Payment Regulations

4.—(1) The Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000(10) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (citation, commencement and interpretation) omit the definition of the “Income Support Regulations”.

(3) In regulation 2(4)(11) (social fund winter fuel payments) for “(2)(a)(ii)” substitute “(1)(a)(ii)”.

(4) In regulation 3(1)(a)(12) (persons not entitled to a social fund winter fuel payment)—

(a) at the end of head (ii) omit “or”; and

(b) after head (iii) insert—

“(iv) in residential care and is a person to whom state pension credit, an income-based jobseeker’s allowance or an income-related employment and support allowance has been, or falls to be, paid in respect of the qualifying week; or”.

Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations

5.  In regulation 9 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001(13) (application for allocation of national insurance number)—

(a) in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (2A)”; and

(b) after paragraph (2) insert—

“(2A) The provisions of paragraph (1) shall not apply to a person in respect of whom the Department or the Commissioners of Her Majesty’s Revenue and Customs are notified that a biometric immigration document is to be issued pursuant to regulation 13 of the Immigration (Biometric Registration) Regulations 2008(14).”.

Amendment of the Housing Benefit Regulations

6.  At the end of regulation 56(4) of the Housing Benefit Regulations (Northern Ireland) 2006(15) (calculation of grant income) add “or paid under Article 44(2) of the Health and Personal Social Services (Northern Ireland) Order 1972(16)”.

Sealed with the Official Seal of the Department for Social Development on 3rd February 2015

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulation 6.

Sealed with the Official Seal of the Department of Finance and Personnel on 3rd February 2015

(L.S.)

Emer Morelli

A senior officer of the Department of Finance and Personnel