The Social Security (Loss of Benefit) (Consequential Amendments) Regulations (Northern Ireland) 2002
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Social Security (Loss of Benefit) (Consequential Amendments) Regulations (Northern Ireland) 2002 and shall come into operation on 1st April 2002.
(2)
Amendment of the Social Security (Credits) Regulations2.
(1)
(2)
““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.
(3)
(4)
“or
(d)
a week in respect of which he would have been paid a jobseeker’s allowance but for a restriction imposed pursuant to section 6, 7 or 8 of the Fraud Act (loss of benefit provisions).”.
Amendment of the Income Support (General) Regulations3.
(1)
(2)
““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.
(3)
(4)
“(5)
In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of an invalid care allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 6 of the Fraud Act (loss of benefit provisions).”.
Amendment of the Housing Benefit (General) Regulations4.
(1)
(2)
““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.
(3)
“(d)
in respect of which an income-based jobseeker’s allowance or a joint-claim jobseeker’s allowance would be payable but for a restriction imposed pursuant to section 6, 7 or 8 of the Fraud Act (loss of benefit provisions).”.
(4)
“(5)
In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of an invalid care allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 6 of the Fraud Act (loss of benefit provisions).”.
Amendment of the Jobseeker’s Allowance Regulations5.
(1)
(2)
““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.
(3)
(4)
In Schedule 1 (applicable amounts)—
(a)
“(9)
In sub-paragraphs (1)(c) and (2)(d), references to a person being in receipt of an invalid care allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 6 of the Fraud Act (loss of benefit provisions).”;
(b)
“(7)
In sub-paragraph (1)(d), the reference to a person being in receipt of an invalid care allowance shall include a reference to a person who would have been in receipt of that allowance but for the application of a restriction under section 6 of the Fraud Act (loss of benefit provisions).”.
Amendment of the Social Security (Back to Work Bonus) (No. 2) Regulations6.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations7.
(1)
(2)
““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.
(3)
“(8A)
Where a court convicts a person of an offence, that conviction results in a restriction being imposed under section 6, 7 or 8 of the Fraud Act (loss of benefit provisions) and that conviction is quashed or set aside by that or any other court, a decision of the Department under Article 9(1)(a) or 11 made in accordance with regulation 6(2)(i) or (j) may be revised at any time.”.
(4)
“(i)
is a decision of the Department that a sanctionable benefit is payable to a claimant where that benefit ceases to be payable or falls to be reduced under section 6 or 8 of the Fraud Act and for this purpose “sanctionable benefit” has the same meaning as in section 6 of that Act;
(j)
is a decision of the Department that a joint-claim jobseeker’s allowance is payable where that allowance ceases to be payable or falls to be reduced under section 7 of the Fraud Act.”.
(5)
“(27)
A decision to which regulation 6(2)(i) or (j) applies shall take effect from the first day of the disqualification period prescribed for the purposes of section 6 of the Fraud Act27.”.
Amendment of the Housing Benefit (Decisions and Appeals) Regulations8.
(1)
(2)
““the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001;”.
(3)
“(6A)
Where a court convicts a person of an offence, that conviction results in a restriction being imposed under section 6, 7 or 8 of the Fraud Act (loss of benefit provisions) and that conviction is quashed or set aside by that or any other court, a decision of the relevant authority made in accordance with regulation 7(2)(f) or (g) may be revised at any time.”.
(4)
“(f)
which is affected by a decision of the Department that a sanctionable benefit payable to a claimant ceases to be payable or falls to be reduced under section 6 or 8 of the Fraud Act and for this purpose “sanctionable benefit” has the same meaning as in section 6 of that Act, or
(g)
which is affected by a decision of the Department that a joint-claim jobseeker’s allowance ceases to be payable or falls to be reduced under section 7 of the Fraud Act.”.
(5)
“(8)
A decision to which regulation 7(2)(f) or (g) applies shall take effect from the first day of the disqualification period prescribed for the purposes of section 6 of the Fraud Act.”.
Amendment of the Discretionary Financial Assistance Regulations9.
“(i)
a restriction in relation to the payment of benefit imposed pursuant to section 6, 7 or 8 of the Social Security Fraud Act (Northern Ireland) 2001 (loss of benefit provisions).”.
Sealed with the Official Seal of the Department for Social Development on 6th March 2002.
The Department of Finance and Personnel hereby consents to regulation 4 of the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on 6th March 2002.
These Regulations are made in consequence of sections 6 to 12 of the Social Security Fraud Act (Northern Ireland) 2001 (“the Act”) which relate to restrictions in payment of certain benefits where a person has been convicted of one or more benefit offences in each of two separate proceedings and one offence is committed within three years of the conviction for another such offence (“the loss of benefit provisions”).
Regulation 2 amends the Social Security (Credits) Regulations (Northern Ireland) 1975 to ensure that those whose invalid care allowance or jobseeker’s allowance is restricted through the application of the loss of benefit provisions do not lose credits.
Regulation 3 amends the Income Support (General) Regulations (Northern Ireland) 1987 to ensure that those whose invalid care allowance is restricted through the application of the loss of benefit provisions are still treated as carers for the purposes of those Regulations and to ensure that entitlement to the severe disability premium is not affected.
Regulation 4 amends the Housing Benefit (General) Regulations (Northern Ireland) 1987 to ensure that those whose jobseeker’s allowance is restricted through the application of the loss of benefit provisions do not lose their housing benefit as a result and to ensure that entitlement to the severe disability premium is not affected.
Regulation 5 amends the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 to ensure that days where contribution-based jobseeker’s allowance is not payable because of the loss of benefit provisions are treated as days of entitlement to that allowance and to ensure that entitlement to the severe disability premium is not affected.
Regulation 6 makes a consequential amendment to the Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 1996.
Regulations 7 and 8 amend the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 and the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 respectively to ensure that the decision-making and appeals mechanisms apply to decisions to restrict payment of benefit as a result of the loss of benefit provisions.
Regulation 9 amends the Discretionary Financial Assistance Regulations (Northern Ireland) 2001 to provide that discretionary housing payments shall not be made where the requirement for financial assistance arises as a consequence of the application of the loss of benefit provisions.
Section 60(1) and 2(a) of, and paragraphs 3(1) and 4(3) and (5) of Schedule 7 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 are some of the enabling provisions under which these Regulations are made. They came fully into operation on 2nd July 2001 by virtue of the Child Support, Pensions and Social Security (2000 Act) (Commencement No. 5) Order (Northern Ireland) 2001 (S.R. 2001 No. 141 (C. 8)).
These Regulations are made in consequence of sections 6 to 12 of the Act which come fully into operation on 1st April 2002 by virtue of the Social Security Fraud (2001 Act) (Commencement No. 2) Order (Northern Ireland) 2002 (S.R. 2002 No. 75 (C. 7)). As these Regulations are made before the end of the period of 6 months from the commencement of the said sections, they are accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), from prior reference to the Social Security Advisory Committee.
These Regulations do not impose a charge on business.