The Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020 and come into operation on 8th April 2020.

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

Income Support, Jobseekers Allowance, State Pension Credit, Employment and Support Allowance and Universal Credit – definition of prisoner

2.—(1) The Regulations in paragraph (2) are to be read as if the definition of “prisoner” did not include a person on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953(2).

(2) The regulations are—

(a) the Income Support (General) Regulations (Northern Ireland) 1987(3);

(b) the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(4);

(c) the State Pension Credit Regulations (Northern Ireland) 2003(5);

(d) the Employment and Support Allowance Regulations (Northern Ireland) 2008(6); and

(e) the Universal Credit Regulations (Northern Ireland) 2016(7).

Income Support, Jobseekers Allowance, State Pension Credit and Employment and Support Allowance - persons treated as being or not being members of the same household

3.  The following provisions are to be read as if the words “on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953” were omitted—

(a) regulation 16(3)(b) of the Income Support (General) Regulations (Northern Ireland) 1987(8);

(b) regulation 78(3)(b)(9) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;

(c) regulation 5(1)(c) of the State Pension Credit Regulations (Northern Ireland) 2003; and

(d) regulation 156(4)(b) of the Employment and Support Allowance Regulations (Northern Ireland) 2008.

Jobseekers Allowance – availability for employment

4.  Regulation 15(1) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 is to be read as if the words in sub-paragraph (b) were omitted.

Housing Benefit – modification of the rule on whether a person is or is not to be treated as occupying a dwelling as their home

5.  For the purposes of entitlement to housing benefit, the following provisions are to be read as if the words in sub-paragraph (b) were omitted—

(a) regulation 7(14) of the Housing Benefit Regulations (Northern Ireland) 2006(10); and

(b) regulation 7(14) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(11).

Expiry

6.—(1) The Department must keep the operation of these Regulations under review.

(2) These Regulations cease to have effect at the end of the period of 8 months beginning on and including 13th March 2020.

Signed by the authority of the Secretary of State for Work and Pensions

Will Quince

Minister for Welfare Delivery

Department for Work and Pensions

At 10.23 a.m. on 7th April 2020