The Welfare Supplementary Payment (Extension) Regulations (Northern Ireland) 2022

Citation and commencement

1.—(1) These Regulations may be cited as the Welfare Supplementary Payment (Extension) Regulations (Northern Ireland) 2022.

(2) Subject to paragraph (3), these Regulations come into operation on the day after the day they are made.

(3) Regulations 3, 5, 7 and 9 come into operation at the end of the period of 13 months beginning on the day these Regulations are made.

Amendment of the Welfare Supplementary Payments Regulations (Northern Ireland) 2016

2.—(1) The Welfare Supplementary Payments Regulations (Northern Ireland) 2016(1) are amended as follows.

(2) In regulation 1(2) (interpretation), at the appropriate place insert—

““the administrative period” means the period beginning on 31st March 2020 and ending on the day the Welfare Supplementary Payment (Extension) Regulations (Northern Ireland) 2022 are made;”.

(3) In regulation 4(6)—

(a) for “ends on 31st March 2020” substitute “ends on 31st March 2025”;

(b) at the end insert “, but that period does not include any times in the administrative period”.

(4) In regulation 4D, after paragraph (3) insert—

“(4) Where the date on which the person ceases to be entitled to housing benefit is in the administrative period, paragraph (2) has effect as if for “must cease to be paid from the day after the first payment of welfare supplementary payment following” there were substituted “must not be paid for times after”.”.

(5) In regulation 4E, after paragraph (2) insert—

“(3) Where the date on which the person’s housing benefit ceases to be reduced is in the administrative period, paragraph (2) has effect as if for “must cease to be paid from the day after the first payment of welfare supplementary payment following” there were substituted “must not be paid for times after”.”.

(6) In regulation 9(4), after “under this Part” insert “, and includes any times in the administrative period in respect of which welfare supplementary payments would be payable under this Part but for regulation 10(4)”.

(7) In regulation 10—

(a) in paragraph (3)(b) for “on 31st March 2020” substitute “on 31st March 2025”;

(b) after paragraph (3) insert—

“(4) But the period during which welfare supplementary payments are payable to a person under this Part does not include any times in the administrative period (nor any times more than a year after the commencement day given by paragraph (2)).”.

3.—(1) The Welfare Supplementary Payments Regulations (Northern Ireland) 2016, as amended by regulation 2, are further amended in accordance with paragraphs (2) to (7).

(2) In regulation 1(2) omit the definition of “the administrative period”.

(3) In regulation 4(6) omit the words after “31st March 2025”.

(4) Omit regulations 4D(4) and 4E(3).

(5) In regulation 9(4) omit the words from “, and includes” to the end.

(6) Omit regulation 10(4).

(7) In consequence of paragraphs (2) to (7) omit regulation 2(2), 2(3)(b), 2(4) to (6) and (7)(b) of these Regulations.

Amendment of the Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016

4.—(1) The Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016(2) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1), at the appropriate place insert—

““the administrative period” means the period beginning on 31st March 2020 and ending on the day the Welfare Supplementary Payment (Extension) Regulations (Northern Ireland) 2022 are made,”;

(b) after paragraph (2) insert—

“(3) Where the date mentioned in regulation 7(1), 11(1), 15(1) or 19(1) is in the administrative period, that provision’s requirement that welfare supplementary payment must cease to be paid from that date is to be read as a requirement that welfare supplementary payment must not be paid for times on or after that date.

(4) Where the expiry mentioned in regulation 21B(2) or 22(1) occurs in the administrative period, that provision’s requirement that welfare supplementary payment must cease to be paid at that expiry is to be read as a requirement that welfare supplementary payment must not be paid for times after that expiry.”.

(3) In each of regulations 6, 10, 14 and 18—

(a) in paragraph (3)(b) for “on 31st March 2020” substitute “on 31st March 2025”;

(b) after that paragraph insert—

“(4) But the period during which welfare supplementary payment is payable does not include any times in the administrative period (nor any times more than a year after the commencement day given by paragraph (2)).”.

(4) In regulation 20—

(a) after paragraph (2) insert—

“(2A) Where the date on which the caree ceases to be entitled to welfare supplementary payment under the DLA Regulations is in the administrative period, paragraph (2) has effect as if for “must cease to be paid from the day after the first payment of welfare supplementary payment under these Regulations following” there were substituted “must not be paid for times after”.”;

(b) in paragraph (5)—

(i) in the words before sub-paragraph (a), before “welfare supplementary payment” insert “further”, and

(ii) in sub-paragraph (b), for “on 31st March 2020” substitute “on 31st March 2025”;

(c) after that paragraph insert—

“(5A) But the period during which further welfare supplementary payment is payable does not include any times in the administrative period.

(5B) Where the date the Commissioner’s decision is received by the Department is in the administrative period, paragraph (5) has effect as if for “after the first payment following” there were substituted “on”.”.

(5) In regulation 21, after paragraph (2) insert—

“(3) Where the date on which the caree ceases to be entitled to personal independence payment is in the administrative period, paragraph (2) has effect as if for “must cease to be paid from the day after the first payment of welfare supplementary payment following” there were substituted “must not be paid for times after”.”.

(6) In regulation 21A, after paragraph (2) insert—

“(3) Where the date on which the caree is awarded that component is in the administrative period, paragraph (2) has effect as if for “must cease to be paid from the day after the first payment of welfare supplementary payment following” there were substituted “must not be paid for times after”.”.

(7) In each of the sub-paragraphs of regulations 21B(3) and 22(2), after “(3)” insert “and (4)”.

5.—(1) The Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016, as amended by regulation 4, are further amended in accordance with paragraphs (2) and (3).

(2) In each of regulations 6, 10, 14 and 18, omit paragraph (4).

(3) In each of the sub-paragraphs of regulations 21B(3) and 22(2), omit “and (4)”.

(4) In consequence of paragraphs (2) and (3) omit regulation 4(3)(b) and (7) of these Regulations.

Amendment of the Welfare Supplementary Payment (Loss of Disability Living Allowance) Regulations (Northern Ireland) 2016

6.—(1) The Welfare Supplementary Payment (Loss of Disability Living Allowance) Regulations (Northern Ireland) 2016(3) are amended as follows.

(2) In regulation 2(1), at the appropriate place insert—

““the administrative period” means the period beginning on 31st March 2020 and ending on the day the Welfare Supplementary Payment (Extension) Regulations (Northern Ireland) 2022 are made;”.

(3) In regulation 2, after paragraph (2) insert—

“(3) Where the date mentioned in regulation 7(2), 12(2) or 20(2) is in the administrative period, that provision’s requirement that welfare supplementary payment must cease to be paid from that date is to be read as a requirement that welfare supplementary payment must not be paid for times on or after that date.”.

(4) In regulation 6—

(a) in paragraph (3)(b) for “on 31st March 2020” substitute “on 31st March 2025”;

(b) in paragraph (6)(b) for “on 31st March 2020” substitute “on 31st March 2025”;

(c) after that paragraph insert—

“(7) The provisions of this regulation have effect subject to regulation 6A.”

(5) After regulation 6 insert—

“Periods of payment: times not included

6A.   (1) The period during which welfare supplementary payment is payable does not include any times in the administrative period.

(2) The period during which further welfare supplementary payment is payable does not include any times in the administrative period.”

(6) In regulation 11—

(a) in paragraph (3)(b) for “on 31st March 2020” substitute “on 31st March 2025”;

(b) after that paragraph insert—

“(4) But the period during which welfare supplementary payment is payable does not include any times in the administrative period (nor any times more than a year after the commencement day given by paragraph (2)).”.

(7) In regulation 19—

(a) in paragraph (4)(b) for “on 31st March 2020” substitute “on 31st March 2025”;

(b) after that paragraph insert—

“(5) But the period during which welfare supplementary payment is payable does not include any times in the administrative period (nor any times more than a year after the commencement day given by paragraph (2) or (3)).”.

7.—(1) The Welfare Supplementary Payment (Loss of Disability Living Allowance) Regulations (Northern Ireland) 2016, as amended by regulation 6, are further amended in accordance with paragraph (2).

(2) Omit regulations 11(4) and 19(5).

(3) In consequence of paragraph (2) omit regulation 6(6)(b) and 6(7)(b) of these regulations.

Amendment of the Welfare Supplementary Payment (Loss of Disability-Related Premiums) Regulations (Northern Ireland) 2016

8.—(1) The Welfare Supplementary Payment (Loss of Disability-Related Premiums) Regulations (Northern Ireland) 2016(4) are amended as follows.

(2) In regulation 2(1), at the appropriate place insert—

““the administrative period” means the period beginning on 31st March 2020 and ending on the day the Welfare Supplementary Payment (Extension) Regulations (Northern Ireland) 2022 are made;”.

(3) In regulation 2, after paragraph (2) insert—

“(3) Where the date mentioned in regulation 10(1), 19(1), 26(1), 32(1), 38(1) or 43(2) is in the administrative period, that provision’s requirement that welfare supplementary payment must cease to be paid from that date is to be read as a requirement that welfare supplementary payment must not be paid for times on or after that date.

(4) Where the last day of the week mentioned in regulation 9(1), 18(1), 25(1), 31(1) or 37(1) is a day in the administrative period, that provision’s requirement that welfare supplementary payment must cease to be paid from the end of that week is to be read as a requirement that welfare supplementary payment must not be paid for times after the end of that week.”.

(4) In each of regulations 8, 17, 24, 30 and 36—

(a) in paragraph (3)(b) for “on 31st March 2020” substitute “on 31st March 2025”;

(b) after that paragraph insert—

“(4) But the period during which welfare supplementary payment is payable does not include any times in the administrative period (nor any times more than a year after the commencement day given by paragraph (2)).”.

(5) In regulation 38A, after paragraph (2) insert—

“(3) In the case of welfare supplementary payment to which A or B is entitled by virtue of regulations 38B to 38D, paragraph (4) of regulation 8, 17, 24, 30 or 36 applies as if the reference to the commencement day given by paragraph (2) of that regulation were to the commencement day so given for the old WSP.”.

(6) In regulation 38D(5), after “must cease to be paid” insert “(or, as the case may be, from then on must not be paid)”.

(7) In regulation 39—

(a) after paragraph (2A) insert—

“(2B) Where the date on which the decision notice is received by the Department is in the administrative period, paragraph (2) has effect as if for “must cease to be paid from the day after the first payment of welfare supplementary payment following” there were substituted “must not be paid for times after”.”;

(b) in paragraph (5)—

(i) in the words before sub-paragraph (a), before “welfare supplementary payment” insert “further”, and

(ii) in sub-paragraph (b), for “on 31st March 2020” substitute “on 31st March 2025”;

(c) after that paragraph insert—

“(6) But the period during which further welfare supplementary payment is payable does not include any times in the administrative period.

(7) Where the date the Commissioner’s decision is received by the Department is in the administrative period, paragraph (5) has effect as if for “after the first payment following” there were substituted “on”.”.

(8) In regulation 40—

(a) in paragraph (2), for “date welfare supplementary payment commenced” substitute “commencement day given by regulation 8(2), 17(2), 24(2), 30(2) or 36(2)”;

(b) after paragraph (3) insert—

“(3A) Where that change occurs in the administrative period, this regulation has effect—

(a) as if in paragraph (1) for “must cease to be paid to a person if” there were substituted “must not be paid to a person for times after the day on which”, and

(b) as if paragraph (3) were omitted.”.

(9) In regulation 41—

(a) in paragraph (1)(a), at the end insert “or welfare supplementary payment would have ceased to be paid for that reason but for the operation of regulation 8(3)(b), 17(3)(b), 24(3)(b), 30(3)(b) or 36(3)(b),”;

(b) in paragraph (2), after “the date that entitlement to the underlying benefit restarts” insert “or, if that date is in the administrative period, from the end of the administrative period”;

(c) in paragraph (3)—

(i) after “ceasing” insert “(whether because an underlying benefit ceases to be paid or under regulation 8(3)(b), 17(3)(b), 24(3)(b), 30(3)(b) or 36(3)(b))”, and

(ii) after “restarting” insert “(under paragraph (2))”;

(d) in paragraph (5), for “date welfare supplementary payment commenced” substitute “commencement day given by regulation 8(2), 17(2), 24(2), 30(2) or 36(2)”;

(e) after paragraph (6) insert—

“(7) The references in paragraphs (1) and (3) to regulations 8(3)(b), 17(3)(b), 24(3)(b), 30(3)(b) and 36(3)(b) are references to those provisions as they were in force at the date on which the underlying benefit ceased to be paid.”.

(10) In regulation 42—

(a) in paragraph (1)(a), at the end insert “or welfare supplementary payment would have ceased to be paid for that reason but for the operation of regulation 8(3)(b), 17(3)(b), 24(3)(b), 30(3)(b) or 36(3)(b),”;

(b) in paragraph (2), after “the date that entitlement to the different underlying benefit starts” insert “or, if that date is in the administrative period, from the end of the administrative period”;

(c) in paragraph (4)—

(i) after “ceasing” insert “(whether because an underlying benefit ceases to be paid or under regulation 8(3)(b), 17(3)(b), 24(3)(b), 30(3)(b) or 36(3)(b))”, and

(ii) after “restarting” insert “(under paragraph (2))”;

(d) in paragraph (6), for “date welfare supplementary payment commenced” substitute “commencement day given by regulation 8(2), 17(2), 24(2), 30(2) or 36(2)”;

(e) after paragraph (10) insert—

“(11) The references in paragraphs (1) and (4) to regulations 8(3)(b), 17(3)(b), 24(3)(b), 30(3)(b) and 36(3)(b) are references to those provisions as they were in force at the date on which the original underlying benefit ceased to be paid.”.

9.—(1) The Welfare Supplementary Payment (Loss of Disability-Related Premiums) Regulations (Northern Ireland) 2016, as amended by regulation 8, are further amended in accordance with paragraphs (2) to (4).

(2) In each of regulations 8, 17, 24, 30 and 36, omit paragraph (4).

(3) In regulation 38A(3), for the words after “38D,” substitute “the period during which it is payable does not include any times after the year given for the old WSP by regulation 8(2), 17(2), 24(2), 30(2) or 36(2).”.

(4) In regulations 40(2), 41(5) and 42(6), for “commencement day” substitute “first day of the year”.

(5) In consequence of paragraph (2) omit regulation 8(4)(b) of these Regulations.

Sealed with the Official Seal of the Department for Communities on 31st January 2022

(L.S.)

Anne McCleary

A senior officer of the Department for Communities