2019 No. 23

Social Security

The Social Security (Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2019

Made

Coming into operation

The Department for Communities1 makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 132(4)(b) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922, Article 14(4)(b) of the Jobseekers (Northern Ireland) Order 19953 and now vested in it4, sections 15(6)(b) and 19(1) and (3) of the State Pension Credit Act (Northern Ireland) 20025 and section 17(3)(b) of the Welfare Reform Act (Northern Ireland) 20076.

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it7.

Regulations 5 and 6 are made with the consent of the Department of Finance8.

Citation and commencement1

1

These Regulations may be cited as the Social Security (Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2019 and come into operation on 31 March 2019.

2

The Interpretation Act (Northern Ireland) 19549 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support (General) Regulations2

In Schedule 9 of the Income Support (General) Regulations (Northern Ireland) 198710 (sums to be disregarded in the calculation of income other than earnings), after paragraph 72B, insert—

72C

Any payment of carer’s allowance supplement made under section 81 of the Social Security (Scotland) Act 2018.

Amendment of the Jobseeker’s Allowance Regulations3

In Schedule 6 of the Jobseeker’s Allowance Regulations (Northern Ireland) 199611 (sums to be disregarded in the calculation of income other than earnings), after paragraph 68B, insert—

68C

Any payment of carer’s allowance supplement made under section 81 of the Social Security (Scotland) Act 2018.

Amendment of the State Pension Credit Regulations4

In regulation 15(1) of the State Pension Credit Regulations (Northern Ireland) 200312 (Income for purposes of the Act), after sub-paragraph (qa), insert—

qb

carer’s allowance supplement payable under section 81 of the social Security (Scotland) Act 2018;

Amendment of the Housing Benefit Regulations5

In Schedule 6 of the Housing Benefit Regulations (Northern Ireland) 200613 (sums to be disregarded in the calculation of income other than earnings), after paragraph 66, insert—

67

Any payment of carer’s allowance supplement made under section 81 of the Social Security (Scotland) Act 2018.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations6

In regulation 27(1)(h) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 200614 (meaning of income), after paragraph (xvb), insert—

xvc

carer’s allowance supplement payable under section 81 of the Social Security (Scotland) Act 2018;

Amendment of the Employment and Support Allowance Regulations7

In Schedule 8 of the Employment and Support Allowance Regulations (Northern Ireland) 200815 (sums to be disregarded in the calculation of income other than earnings), after paragraph 64, insert—

65

Any payment of carer’s allowance supplement made under section 81 of the Social Security (Scotland) Act 2018.

Sealed with the Official Seal of the Department for Communities on 27th February 2019

(L.S.)Anne McClearyA 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 27th February 2019

(L.S.)Emer MorelliA senior officer of the Department of Finance
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to social security legislation as a consequence of the Social Security (Scotland) Act 2018 (Consequential Modifications) Order 2018 (S.I. 2018/872).

Scottish Ministers have agreed to pay a “carer’s allowance supplement” to qualifying individuals who, on dates to be determined by the Scottish Ministers, are both in receipt of “carer’s allowance” under section 70 of the Social Security Contributions and Benefits Act 1992 (c. 4) and resident in Scotland.

These Regulations provides for carer’s allowance supplement to be disregarded as income when determining a claimant’s entitlement to benefits under: 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. In both the State Pension Credit Regulations (Northern Ireland) 2002 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006, the supplement is excluded from being a social security benefit which would otherwise be taken into account as income in determining entitlement to those benefits.