The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 and come into operation on 9th July 2023.

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

Amendment of the Income Support (General) Regulations

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(2) are amended in accordance with paragraphs (2) to (8).

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “Grenfell Tower payment”(3) substitute—

““Grenfell Tower payment” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;”;

(b) after the definition of “HSS trust” insert—

““the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;”;

(c) after the definition of “polygamous marriage” insert—

““the Post Office” means Post Office Limited (registered number 02154540);”;

““Post Office compensation payment” means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

(a)

in connection with the failings of the Horizon system, or

(b)

otherwise payable following the judgment in Bates and Others v Post Office Limited ((No. 3) “Common Issues”)(4)”;

(d) after the definition of “universal credit” insert—

““vaccine damage payment” means a payment made under the Vaccine Damage Payments Act 1979(5);”;

(e) in the definition of “qualifying person”(6), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

(3) In regulation 42(4ZB)(7) (notional income), after sub-paragraph (c) add—

“(d) a Post Office compensation payment.”.

(4) In regulation 48(10) (income treated as capital)—

(a) at the end of sub-paragraph (ad)(8) omit “or”;

(b) after sub-paragraph (ad) insert—

“(ae) which is a Post Office compensation payment;”.

(5) In regulation 51(3B)(9) (notional capital), after sub-paragraph (c) add—

“(d) a Post Office compensation payment;

(e) a vaccine damage payment.”.

(6) In paragraph 18(8)(b)(10) (non-dependant deductions) of Schedule 3 (housing costs), for “or a Windrush payment” substitute “, Windrush payment or Post Office compensation payment”.

(7) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), in paragraph 39—

(a) in sub-paragraph (1A)(11), after head (c) add—

“(d) a Post Office compensation payment.”;

(b) in each of sub-paragraphs (2) to (6)(12), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

(8) In Schedule 10 (capital to be disregarded), in paragraph 22—

(a) in sub-paragraph (1A)(13), after “Windrush payment” insert “, Post Office compensation payment or vaccine damage payment”;

(b) in each of sub-paragraphs (2) to (6)(14), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

Amendment of the Jobseeker’s Allowance Regulations

3.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(15) are amended in accordance with paragraphs (2) to (8).

(2) In regulation 1(2) (citation, commencement, interpretation and application)—

(a) for the definition of “Grenfell Tower payment”(16) substitute—

““Grenfell Tower payment” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;”;

(b) at the appropriate places insert—

““the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;”;

““the Post Office” means Post Office Limited (registered number 02154540);”;

““Post Office compensation payment” means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

(a)

in connection with the failings of the Horizon system, or

(b)

otherwise payable following the judgment in Bates and Others v Post Office Limited ((No. 3) “Common Issues”)(17)”;

““vaccine damage payment” means a payment made under the Vaccine Damage Payments Act 1979(18);”;

(c) in the definition of “qualifying person”(19), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

(3) In regulation 105(10A) (notional income), after sub-paragraph (ad)(20) insert—

“(ae) a Post Office compensation payment;”.

(4) In regulation 110(10) (income treated as capital)—

(a) at the end of sub-paragraph (ad)(21) omit “or”;

(b) after sub-paragraph (ad) insert—

“(ae) which is a Post Office compensation payment;”.

(5) In regulation 113(3B)(22) (notional capital), after sub-paragraph (c) add—

“(d) a Post Office compensation payment;

(e) a vaccine damage payment.”.

(6) In paragraph 17(8)(b)(23) (non-dependant deductions) of Schedule 2 (housing costs), for “or a Windrush payment” substitute “, Windrush payment or Post Office compensation payment”.

(7) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings), in paragraph 41—

(a) in sub-paragraph (1A)(24), after head (c) add—

“(d) Post Office compensation payment.”;

(b) in each of sub-paragraphs (2) to (6)(25), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

(8) In Schedule 7 (capital to be disregarded), in paragraph 27—

(a) in sub-paragraph (1A)(26) after “Windrush payment” insert “, Post Office compensation payment or vaccine damage payment”;

(b) in each of sub-paragraphs (2) to (6)(27), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

Amendment of the State Pension Credit Regulations

4.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(28) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) for the definition of “Grenfell Tower payment”(29) substitute—

““Grenfell Tower payment” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;”;

(b) at the appropriate places insert—

““the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;”;

““the Post Office” means Post Office Limited (registered number 02154540);”;

““Post Office compensation payment” means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

(a)

in connection with the failings of the Horizon system, or

(b)

otherwise payable following the judgment in Bates and Others v Post Office Limited ((No. 3) “Common Issues”)(30)”;

““vaccine damage payment” means a payment made under the Vaccine Damage Payments Act 1979(31);”;

(c) in the definition of “qualifying person”(32), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

(3) In paragraph 14(8) (persons residing with the claimant) of Schedule 2 (housing costs), after head (bc)(33) insert—

“(bd) any Post Office compensation payment;”.

(4) In Schedule 5 (income from capital), in paragraph 15 (capital disregarded for the purpose of calculating income)—

(a) in sub-paragraph (1A)(34), after “Windrush payment” insert “, Post Office compensation payment or vaccine damage payment”;

(b) in each of sub-paragraphs (2) to (6)(35), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

Amendment of the Housing Benefit Regulations

5.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(36) are amended in accordance with paragraphs (2) to (8).

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “Grenfell Tower payment”(37) substitute—

““Grenfell Tower payment” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;”;

(b) at the appropriate places insert—

““the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;”;

““the Post Office” means Post Office Limited (registered number 02154540);”;

““Post Office compensation payment” means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

(a)

in connection with the failings of the Horizon system, or

(b)

otherwise payable following the judgment in Bates and Others v Post Office Limited ((No. 3) “Common Issues”)(38)”;

““vaccine damage payment” means a payment under the Vaccine Damage Payments Act 1979;”;

(c) in the definition of “qualifying person”(39), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

(3) In regulation 39(7A)(40) (notional income), after sub-paragraph (c) add—

“(d) a Post Office compensation payment.”.

(4) In regulation 43(6)(41) (income treated as capital), after “a Windrush payment” insert “, a Post Office compensation payment”.

(5) In regulation 46(4A)(42) (notional capital), after sub-paragraph (c) add—

“(d) a Post Office compensation payment;

(e) a vaccine damage payment.”.

(6) In regulation 72(9)(43) (non-dependant deductions), after sub-paragraph (bc) insert—

“(bd) any Post Office compensation payment;”.

(7) In paragraph 37 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a) in sub-paragraph (1A)(44), after paragraph (c) add—

“(d) Post Office compensation payment.”;

(b) in each of sub-paragraphs (2) to (6)(45), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

(8) In paragraph 25 of Schedule 7 (capital to be disregarded)—

(a) in sub-paragraph (1A)(46), after “Windrush payment” insert “, a Post Office compensation payment or vaccine damage payment”;

(b) in each of sub-paragraphs (2) to (6)(47), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

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

6.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(48) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “Grenfell Tower payment”(49) substitute—

““Grenfell Tower payment” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;”;

(b) at the appropriate places insert—

““the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;”;

““the Post Office” means Post Office Limited (registered number 02154540);”;

““Post Office compensation payment” means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

(a)

in connection with the failings of the Horizon system, or

(b)

otherwise payable following the judgment in Bates and Others v Post Office Limited ((No. 3) “Common Issues”)(50)”;

““vaccine damage payment” means a payment under the Vaccine Damage Payments Act 1979;”;

(c) in the definition of “qualifying person”(51), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

(3) In regulation 53(10) (non-dependant deductions), after sub-paragraph (bc)(52) insert—

“(bd) any Post Office compensation payment;”.

(4) In paragraph 16 of Schedule 7 (capital to be disregarded)—

(a) in sub-paragraph (1A)(53), after “Windrush payment” insert “, Post Office compensation payment or vaccine damage payment”;

(b) in each of sub-paragraphs (2) to (6)(54), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

Amendment of the Employment and Support Allowance Regulations

7.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(55) are amended in accordance with paragraphs (2) to (8).

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “Grenfell Tower payment”(56) substitute—

““Grenfell Tower payment” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;”;

(b) at the appropriate places insert—

““the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;”;

““the Post Office” means Post Office Limited (registered number 02154540);”;

““Post Office compensation payment” means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

(a)

in connection with the failings of the Horizon system, or

(b)

otherwise payable following the judgment in Bates and Others v Post Office Limited ((No. 3) “Common Issues”)(57)”;

““vaccine damage payment” means a payment made under the Vaccine Damage Payments Act 1979;”;

(c) in the definition of “qualifying person”(58), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

(3) In regulation 107(5A)(59) (notional income – income due to be paid or income paid to or in respect of a third party), after sub-paragraph (c) insert—

“(d) a Post Office compensation payment.”.

(4) In regulation 112(8)(b)(60) (income treated as capital), after paragraph (iii) add—

“(iv) Post Office compensation payment.”.

(5) In regulation 115(5A)(61) (notional capital), after sub-paragraph (c) add—

“(d) a Post Office compensation payment;

(e) a vaccine damage payment.”.

(6) In paragraph 19(8)(b)(62) (non-dependant deductions) of Schedule 6 (housing costs), for “or Windrush payment” substitute “, Windrush payment or Post Office compensation payment”.

(7) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 40—

(i) in sub-paragraph (1A)(63), after paragraph (c) add—

“(d) Post Office compensation payment.”;

(b) in each of sub-paragraphs (2) to (5)(64), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

(8) In paragraph 27(65) of Schedule 9 (capital to be disregarded)—

(a) in sub-paragraph (1A)(66), after “Windrush payment” insert “, Post Office compensation payment or vaccine damage payment”;

(b) in each of sub-paragraphs (2) to (5)(67), for “or a Windrush payment” substitute “, a Windrush payment, a Post Office compensation payment or a vaccine damage payment”.

Amendment of the Universal Credit Regulations

8.—(1) The Universal Credit Regulations (Northern Ireland) 2016(68) are amended in accordance with paragraph (2).

(2) In regulation 76 (special schemes for compensation etc.)—

(a) omit paragraph (1)(a)(vi);

(b) in paragraph (1A)(69)—

(i) omit sub-paragraph (c),

(ii) after sub-paragraph (d) add—

“(e) the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

(i) in connection with the failings of the Horizon system, or

(ii) otherwise payable following the judgment in Bates and Others v Post Office Limited ((No. 3) “Common Issues”)(70).”;

(c) after paragraph (1A) insert—

“(1B) This regulation also applies where a person receives a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower.

(1C) This regulation also applies where a person—

(a) receives a vaccine damage payment or is a person for whose benefit a vaccine damage payment is made;

(b) is the partner of a person referred to in sub-paragraph (a) and receives a payment by or on behalf of that person which is derived from a vaccine damage payment;

(c) was the partner of a person referred to in sub-paragraph (a) immediately before the latter’s death and receives a payment from their estate which is derived from a vaccine damage payment;

(d) in a case where a vaccine damage payment is made to the personal representative of a person (“P”) who was severely disabled as a result of vaccination, the person who was P’s partner immediately before P’s death and receives a payment from P’s estate which is derived from the vaccine damage payment.”;

(d) after paragraph (3) add—

“(4) In this regulation—

“the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;

“the Post Office” means Post Office Limited (registered number 02154540);

“vaccine damage payment” means a payment made under the Vaccine Damage Payments Act 1979.”.

Amendment of the Social Security (Recovery of Benefits) Regulations

9.—(1) The Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997(71) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2 (exempted trusts and payments), after paragraph (2)(s) add—

“(t) any payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;

(u) any payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

(i) in connection with the failings of the Horizon system, or

(ii) otherwise payable following the judgment in Bates and Others v Post Office Limited ((No. 3) “Common Issues”)(72).”;

(3) After paragraph (2) add—

“(3) In this regulation—

“the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;

“the Post Office” means Post Office Limited (registered number 02154540).”.

Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations

10.—(1) The Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008(73) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 7 (exempted trusts and payments), after paragraph (2)(p) add—

“(q) any payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;

(r) any payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

(i) in connection with the failings of the Horizon system, or

(ii) otherwise payable following the judgment in Bates and Others v Post Office Limited ((No. 3) “Common Issues”)(74).”;

(3) After paragraph (2) add —

“(3) In this regulation—

“the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;

“the Post Office” means Post Office Limited (registered number 02154540).”.

Sealed with the Official Seal of the Department for Communities on 16th June 2023

(L.S.)

David Tarr

A senior officer of the Department for Communities

The Department of Finance hereby consents to regulations 5 and 6 of the foregoing regulations.

Sealed with the Official Seal of the Department of Finance on 16th June 2023

(L.S.)

Patrick Neeson

A senior officer of the Department of Finance