Search Legislation

The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2017

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2017 and, subject to paragraph (2), shall come into operation on 16th November 2017.

(2) Regulations 4 and 6(2) shall come into operation on 6th December 2018.

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

Amendment of the Social Security (Invalid Care Allowance) Regulations

2.—(1) The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976(2) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 9(1)(3) (conditions relating to residence and presence in Northern Ireland) for “9A and 9B” substitute “9A, 9B and 9C”.

(3) After regulation 9B(4) (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies) insert—

Refugees

9C.(1) Regulation 9(1)(c) shall not apply where the person has—

(a)been granted refugee status or humanitarian protection under the immigration rules; or

(b)leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.

(2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971..

Amendment of the Social Security (Overlapping Benefits) Regulations

3.  In paragraph 10 of Schedule 1 to the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(5) (personal benefits which are required to be adjusted by reference to benefits not under chapters I and II of Part II of the Act) at the beginning insert “Personal independence payment,”.

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations

4.—(1) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979(6) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 1(2) (interpretation) after the definition of “unemployability supplement” insert—

“widowed mother’s allowance” means an allowance referred to in section 37 of the Contributions and Benefits Act;.

(3) In regulation 7 (Category B retirement pension for certain widows by virtue of husband’s contributions)—

(a)in paragraph (e) for “the age of 65” substitute “pensionable age”; and

(b)after paragraph (f) add—

(g)her having ceased to be entitled to a widowed mother’s allowance at a time when she had reached the age of 65 but was under pensionable age,.

Amendment of the Income Support (General) Regulations

5.  In regulation 42(2B) of the Income Support (General) Regulations (Northern Ireland) 1987(7) (notional income) for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.

Amendment of the Social Security (Claims and Payments) Regulations

6.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(8) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 3(1)(d)(9) (claims not required for entitlement to benefit in certain cases)—

(a)in head (i)—

(i)for “over the age of 65 and” substitute “who has reached pensionable age and is”, and

(ii)omit “or a widowed parent’s allowance”; and

(b)omit head (ii) and the “or” immediately before it.

(3) In regulation 7(6)(b)(10) (evidence and information)—

(a)in head (i) for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”; and

(b)in head (ii) for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

(4) In regulation 32(5)(b)(11) (information to be given and changes to be notified)—

(a)in head (i) for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”; and

(b)in head (ii) for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

Amendment of the Social Security (Attendance Allowance) Regulations

7.—(1) The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992(12) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1)(13) (conditions as to residence and presence in Northern Ireland) for “2A and 2B” substitute “2A, 2B and 2C”.

(3) After regulation 2B(14) (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU regulation applies) insert—

Refugees

2C.(1) Regulation 2(1)(a)(iii) shall not apply where the person has—

(a)been granted refugee status or humanitarian protection under the immigration rules; or

(b)leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.

(2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971..

Amendment of the Social Security (Disability Living Allowance) Regulations

8.—(1) The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(15) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1)(16) (conditions as to residence and presence in Northern Ireland) for “2A and 2B” substitute “2A, 2B and 2C”.

(3) After Regulation 2B(17) (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies) insert—

Refugees

2C.(1) Regulation 2(1)(a)(iii) shall not apply where the person has—

(a)been granted refugee status or humanitarian protection under the immigration rules; or

(b)leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.

(2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971..

Amendment of the Jobseeker’s Allowance Regulations

9.  In regulation 105(4) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(18) (notional income) for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.

Amendment of the State Pension Credit Regulations

10.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(19) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 15 (income for the purposes of the Act)—

(a)in paragraph (3)—

(i)after “prescribed under paragraph (1)” insert “, or retirement pension income to which section 16(1)(za) to (e) applies,”, and

(ii)after “taken into account under paragraph (1)” insert “, or section 16(1)(za) to (e),”; and

(b)in paragraph (4)(20) after sub-paragraph (d) add—

(e)section 14 of the Pensions Act (Northern Ireland) 2015 (pension sharing: reduction in the sharer’s section 4 pension);

(f)section 45B (reduction of additional pension in Category A retirement pension: pension sharing) or section 55B (reduction of shared additional pension: pension sharing) of the Contributions and Benefits Act..

(3) In regulation 18(3) (notional income) for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund and is to be determined by the Department, taking account of information provided by the pension fund holder in accordance with regulation 7(5) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987”.

Amendment of the Housing Benefit Regulations

11.  In regulation 82(7)(b) of the Housing Benefit Regulations (Northern Ireland) 2006(21) (evidence and information)—

(a)in head (i) for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”; and

(b)in head (ii) for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

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

12.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(22) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 27 (meaning of “income”)—

(a)in paragraph (3) after “prescribed under paragraph (1)” insert “, or retirement pension income to which section 16(1)(za) to (e) of the State Pension Credit Act applies,”; and

(b)in paragraph (4) after sub-paragraph (d)(23) add—

(e)section 14 of the Pensions Act (Northern Ireland) 2015 (pension sharing: reduction in the sharer’s section 4 pension);

(f)section 45B (reduction of additional pension in Category A retirement pension: pension sharing) or section 55B (reduction of shared additional pension: pension sharing) of the Act..

(3) In regulation 39(5)(24) (notional income) for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.

(4) In regulation 63(7)(b)(25) (evidence and information)—

(a)in head (i) for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”; and

(b)in head (ii) for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

Amendment of the Employment and Support Allowance Regulations

13.  In regulation 106(6)(26) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (notional income-deprivation and income on application) for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.

Amendment of the State Pension Regulations

14.  In regulation 35 of the State Pension Regulations (Northern Ireland) 2015(27) (credits for persons providing care for a child under the age of 12)—

(a)for paragraphs (3) and (4) substitute—

(3) A is not entitled to be credited with a Class 3 contribution unless—

(a)child benefit was awarded to another person (“B”) in respect of—

(i)the child, or each child, for whom A provided care, and

(ii)the week in which A provided that care;

(b)B’s earnings factors, other than those derived from a Class 3 contribution credit awarded under regulation 34, exceed the qualifying earnings factor for the year in which the relevant week falls; and

(c)A makes an application to the Department to be so credited in accordance with paragraph (5) and regulation 39.

(4) Where the requirements relating to the provision of care by A in paragraph (3)(a)(i) can be satisfied by more than one person in respect of a week in which B was awarded child benefit—

(a)those persons shall elect, with the agreement of B, which of them is to be credited with a Class 3 contribution credit (and then only the elected person is to be so credited), or

(b)the Department is to exercise its discretion to determine which of those persons is to be credited with that contribution, in default of the agreement referred to in sub-paragraph (a).; and

(b)in paragraph (5)—

(i)for “(4)(c)” substitute “(3)(c),”, and

(ii)in sub-paragraphs (a) and (c) after “the child” insert “, or each child,”.

Amendment of the Personal Independence Payment Regulations

15.  After regulation 23 of the Personal Independence Payment Regulations (Northern Ireland) 2016(28) (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies) insert—

Refugees

23A.(1) Regulation 16(b) does not apply in relation to a claim for personal independence payment where C has—

(a)been granted refugee status or humanitarian protection under the immigration rules; or

(b)leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.

(2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971..

Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations

16.  In regulation 38(3)(b) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016(29) (evidence and information required from pension fund holders)—

(a)in head (i) for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”; and

(b)in head (ii) for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations

17.—(1) The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016(30) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2 (interpretation)—

(a)in paragraph (2) omit “Subject to paragraph (3),”; and

(b)omit paragraph (3).

(3) In regulation 6(3)(c) (late application for a revision) for “13” substitute “12”.

Consequential revocation

18.  Regulation 10(3)(b) of the Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations (Northern Ireland) 2001(31) is revoked.

Sealed with the Official Seal of the Department for Communities on 24th October 2017

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

The Department of Finance hereby consents to regulations 11 and 12.

Sealed with the Official Seal of the Department of Finance on 24th October 2017

(L.S.)

Emer Morelli

A senior officer of the Department of Finance

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources