The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2018

Statutory Rules of Northern Ireland

2018 No. 149

Housing; Rates; Social Security

The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2018

Made

22nd August 2018

Coming into operation

18th September 2018

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 132(3) and (4)(b) and 171(1) and (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1), Articles 14(4)(b) and 36(2)(a) of the Jobseekers (Northern Ireland) Order 1995(2), and now vested in it(3), and sections 17(3)(b) and 25(2)(a) of the Welfare Reform Act (Northern Ireland) 2007(4).

Regulation 4 is made with the consent of the Department of Finance(5).

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it(6).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 and shall come into operation on 18th September 2018.

(2) The Interpretation Act (Northern Ireland) 1954(7) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support Regulations

2.  In regulation 62(2)(k) of the Income Support (General) Regulations (Northern Ireland) 1987(8) (calculation of grant income) after “1989” insert “or Part 6 of the Social Services and Well-being (Wales) Act 2014.”(9).

Amendment of the Jobseeker’s Allowance Regulations

3.  In regulation 131(2)(j) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(10) (calculation of grant income) after “1989” insert “or Part 6 of the Social Services and Well-being (Wales) Act 2014”.

Amendment of the Housing Benefit Regulations

4.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(11) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 56(2)(i) (calculation of grant income) after “1989” insert “or Part 6 of the Social Services and Well-being (Wales) Act 2014.

(3) In Schedule 5 (sums to be disregarded in the calculation of earnings), in paragraph 17(2)(b), for sub-paragraph (iv) substitute—

“(iv) not being a member of a couple, is engaged in remunerative work for on average not less than 16 hours per week and—

(aa) the claimant’s applicable amount includes a disability premium under paragraph 12 or the support component under paragraph 24 of Schedule 4, or

(bb) the claimant is a member of the work-related activity group, or

(v) is a member of a couple and at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week and that member of the couple—

(aa) satisfies the qualifying conditions for the disability premium or the support component under paragraph 24 of Schedule 4, or

(bb) is a member of the work-related activity group.”.

Amendment of the Employment and Support Allowance Regulations

5.  In regulation 132(2)(j) of the Employment and Support Allowance Regulations (Northern Ireland 2008(12) (calculation of grant income) after “1989” insert “or under Part 6 of the Social Services and Well-being (Wales) Act 2014”.

Sealed with the Official Seal of the Department for Communities on 22nd August 2018

(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 22nd August 2018

(L.S.)

Stuart Stevenson

A senior officer of the Department of Finance

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to secondary legislation as a consequence of the coming into force of the Social Services and Well-being (Wales) Act 2014 (2014 anaw 4) (“SSWBWA 2014”).

Regulations 2 to 5 amend the following sets of regulations to include reference to the SSWBWA 2014 in provisions which refer to the Children Act 1989 (1989 c. 41).

• the Income Support (General) Regulations (Northern Ireland) 1987;

• the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;

• the Housing Benefit Regulations (Northern Ireland) 2006; and

• the Employment and Support Allowance Regulations (Northern Ireland) 2008.

Regulation 4 also amends the Housing Benefit Regulations (Northern Ireland) 2006 to correct an error in paragraph 17(2)(b)(iv) of Schedule 5 so that it is clear that, where the claimant is a member of a couple and one of them is engaged in remunerative work for on average not less than 16 hours a week, it is the member of the couple who is working who must meet the other qualifying conditions for the disregard.

(1)

1992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

(2)

S.I. 1995/2705 (N.I. 15); Article 36(2)(a) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

(3)

See Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.))

(4)

2007 c. 2 (N.I.)

(5)

See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481 and section 1(4) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.))

(6)

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (1992 c. 8)

(7)

1954 c. 33 (N.I.)

(8)

S.R. 1987 No. 459; regulation 62(2)(k) was added by regulation 2(9) of S.R. 2009 No. 92

(9)

2014 anaw

(10)

S.R. 1996 No. 198; regulation 131(2)(j) was added by regulation 4(9) of S.R. 2009 No. 92

(11)

S.R. 2006 No. 405; regulation 56(2)(i) was added by regulation 6(7) of S.R. 2009 No. 92

(12)

S.R. 2008 No. 280; regulation 132(2)(j) was added by regulation 8(7) of S.R. 2009 No. 92