The Social Security Benefits (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2023

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Social Security Benefits (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2023 and come into operation on 10th May 2023.

(2) These Regulations apply in relation to an application that is made on or after the date on which these Regulations come into operation—

(a) for a deduction for a fuel item under paragraph 6 (Fuel Costs) of Schedule 8A to the 1987 Regulations or paragraph 8 (Fuel Costs) of Schedule 5 to the 2016 Regulations;

(b) for supersession in relation to a deduction for a fuel item that is in place under either paragraph on or after that date,

and to any decision made on such an application.

(3) In these Regulations—

“the 1987 Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1);

“the 2016 Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016(2);

“fuel item” has the same meaning as in paragraph 6 of Schedule 8A to the 1987 Regulations or paragraph 8(8) of Schedule 5 to the 2016 Regulations;

“supersession” means a supersession decision under section 11 of the Social Security (Northern Ireland) Order 1998(3).

Amendment of the Social Security (Claims and Payments) Regulations

2.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 are amended in accordance with paragraph 2.

(2) In paragraph 6 (Fuel Costs) of Schedule 8A (deductions from benefits and direct payments to third parties)—

(a) In sub-paragraph (1), for “paragraph (8)” substitute “paragraphs (3A) and (8)”.

(b) In sub-paragraph (2)(b), for “equal to” substitute “not more than”.

(c) After sub-paragraph (2), insert—

“(3A) The Department may only include an amount under sub-paragraph (2)(b) in the amount deductible if—

(a) an application for a determination under sub-paragraph (1) or (4)(a) is made by the person or body to whom payment is due; and

(b) except where the application is for a reduction in the amount deductible, the beneficiary consents to the application.”.

Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payment) Regulations

3.—(1) The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016 are amended in accordance with paragraphs 2 to 5.

(2) In paragraph 8 (Fuel Costs) of Schedule 5 (deductions from benefits and direct payments to third parties)

(3) In sub-paragraph (3), for “(5) and (6)” substitute “(4A), (5) and (6)”.

(4) In sub-paragraph (4)(b), for “equal to” substitute “not more than”.

(5) After sub-paragraph (4), insert—

“(4A) The Department may only make deductions under sub-paragraph (4)(b) if—

(a) an application for deductions is made by the person to whom the payment is due; and

(b) except where the application is for a reduction in the amount of a deduction, the claimant consents to the application.”.

Sealed with the Official Seal of the Department for Communities on 19th April 2023

(L.S.)

David Tarr

A senior officer of the Department for Communities