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The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2017

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2017.

(2) These Regulations come into operation as follows—

(a)the following provisions, on 21st December 2017—

(i)this regulation;

(ii)regulation 2(2) and regulation 2(1) in so far as it relates to that provision;

(iii)regulation 5(3) and regulation 5(1) in so far as it relates to that provision; and

(iv)regulation 7(2) and (6) and regulation 7(1) in so far as it relates to that provision; and

(b)all other provisions 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 Assembly.

Amendment of the Income Support (General) Regulations

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(2) are amended in accordance with paragraphs (2) and (3).

(2) After paragraph 7 of Schedule 1B(3) (prescribed categories of person) insert—

Certain persons in receipt of the daily living component of personal independence payment

7A.  A person who is in receipt of the daily living component of personal independence payment at the enhanced rate but only where, immediately before receiving that benefit, the person was entitled to and in receipt of income support because he or she was treated as incapable of work under regulation 10(2)(a)(i) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(4)..

(3) In paragraph 17(c) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) after “the age of 65” insert “or, if it was higher at that time, pensionable age”.

Amendment of the Jobseeker’s Allowance Regulations

3.  In paragraph 18(c) of Schedule 6 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(5) (sums to be disregarded in the calculation of income other than earnings) after “the age of 65” insert “or, if it was higher at that time, pensionable age”.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

4.  Omit regulation 7(17B)(b) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(6) (date from which superseded decisions take effect).

Amendment of the State Pension Credit Regulations

5.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(7) are amended in accordance with paragraphs (2) to (4).

(2) In paragraph 14(7) of Schedule 2 (housing costs: persons residing with the claimant)—

(a)in head (c) omit the words beginning with “during a period of study” to the end; and

(b)omit head (cc)(8).

(3) In paragraph 1 of Schedule 3 (special groups: polygamous marriages)—

(a)in sub-paragraph 2(1)(b) of the provision that applies instead of section 3(1)—

(i)after “of the Act” insert “has attained pensionable age before 6 April 2016 and”, and

(ii)after “age of 65” insert “(before, on or after that date)”; and

(b)after sub-paragraph (7) insert—

(7A) The following provision shall apply instead of regulation 7A (limitation of savings credit for certain mixed-age couples)—

7A.(1) This regulation applies if, taking the claimant to be the person in question for the purposes of section 12 (polygamous marriages)—

(a)the case is one to which that section applies; and

(b)at least one of the persons falling within subsection (1)(c) of that section had attained pensionable age before 6 April 2016 and at least one of those persons had not.

(2) Where this regulation applies, the claimant is not entitled to a savings credit unless the claimant—

(a)has been awarded a savings credit with effect from a day before 6 April 2016 and was entitled to a savings credit immediately before that date; and

(b)remained entitled to a savings credit at all times since the beginning of 6 April 2016...

(4) In paragraph 10(b) of Schedule 4 (amounts to be disregarded in the calculation of income other than earnings) after “the age of 65” insert “or, if it was higher at that time, pensionable age”.

Amendment of the Housing Benefit Regulations

6.  In regulation 72(7)(e) of the Housing Benefit Regulations (Northern Ireland) 2006(9) (non-dependant deductions) for “the age of 65” substitute “pensionable age”.

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(10) are amended in accordance with paragraphs (2) to (8).

(2) In regulation 29(11)(ba)(11) (treatment of childcare charges) for the words beginning with “claimant’s” and ending with “would be” substitute “other member of the couple would be a member of the support group or”.

(3) In regulation 52 (continuing payments where state pension credit claimed)—

(a)in paragraph (1)(c)(i)(12) omit the words beginning with “or, if” and ending with “65”; and

(b)in paragraph (2)(a)(ii)(13) omit “or the age of 65”.

(4) In regulation 53(7) (non-dependant deductions)—

(a)omit sub-paragraphs (c) and (d); and

(b)in sub-paragraph (e) omit the words beginning with “and” and ending with “65”.

(5) Omit regulation 57(12)(a) (date on which change of circumstances is to take effect).

(6) In regulation 65(4)(c) (duty to notify changes of circumstances) after “weeks” insert “or where the absence is from Northern Ireland, which exceeds or is likely to exceed 4 weeks”.

(7) In the table in paragraph 1 of Schedule 4 (applicable amounts: personal allowances)—

(a)in entry (1)—

(i)omit “aged”,

(ii)omit paragraph (a) in both columns, and

(iii)in paragraph (b) in column (1) for “65 or over” substitute “who has attained pensionable age”;

(b)in entry (2)—

(i)omit paragraph (a) in both columns, and

(ii)in paragraph (b) in column (1) for “aged 65 or over” substitute “who has attained pensionable age”;

(c)omit entry (3); and

(d)in entry (4) for “are aged 65 or over” substitute “have attained pensionable age”.

(8) In paragraph 12(b) of Schedule 6 (amounts to be disregarded in the calculation of income other than earnings) after “the age of 65” insert “or, if it was higher at that time, pensionable age”.

Amendment of the Employment and Support Allowance Regulations

8.  In paragraph 17(c) of Schedule 8 to the Employment and Support Allowance Regulations (Northern Ireland) 2008(14) (sums to be disregarded in the calculation of income other than earnings) after “the age of 65” insert “or, if it was higher at that time, pensionable age”.

Sealed with the Official Seal of the Department for Communities on 20th December 2017

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

The Department of Finance hereby consents to the foregoing regulations.

Sealed with the Official Seal of the Department of Finance on 20th December 2017

(L.S.)

Emer Morelli

A senior officer of the Department of Finance

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