The Social Security (Infected Blood and Thalidomide) Regulations (Northern Ireland) 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide that payments made:

• under or by certain schemes or trusts established for the purpose of providing compensation to those who have been infected from contaminated blood products,

• under the Infected Blood Payment Scheme for Northern Ireland;

• under the Scottish Infected Blood Support Scheme, , or

• under or by certain trusts established for the purpose of giving relief and assistance to disabled people whose disabilities were caused by the fact that during their pregnancy their mother had taken the drug known as Thalidomide,

are to be ignored for certain social security purposes.

Regulations 4 and 9 amend the Social Security (Recovery of Benefits) Regulations 1997 (S.R. 1997 No. 1183) and the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (S.R. 2008 No. 355) to exempt such payments from the compensation recovery schemes established under the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997.

Regulations 2, 3 and 5 to 8 amend the following Regulations to provide that payments made by such schemes are not taken into account in the calculation of income or capital:

• the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459),

• the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (S.R. 1996 No.198),

• the State Pension Credit Regulations (Northern Ireland) 2003 (S.R. 2003 No. 28),

• the Housing Benefit Regulations (Northern Ireland) 2006 (S.R. 2006 No. 405),

• the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 406), and

• the Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008 No. 280).

Regulations 6 and 7 also provide that evidence may be required from claimants in respect of payments from the Scottish Infected Blood Support Scheme in accordance with the evidence and information provisions of the Housing Benefit Regulations (Northern Ireland) 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.