The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations (Northern Ireland) 2003

Statutory Rules of Northern Ireland

2003 No. 261

SOCIAL SECURITY; HOUSING; RATES

FAMILY LAW; CHILD SUPPORT

The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations (Northern Ireland) 2003

Made

1st May 2003

Coming into operation in accordance with regulation 1

The Department for Social Development, in exercise of the powers conferred by Article 48(4) of, and paragraph 5(a) of Schedule 1 to, the Child Support (Northern Ireland) Order 1991(1), sections 122(1)(a) and (d), 129(4), 131(1) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2), sections 71(1)(b) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992(3) and Articles 6(5) and 36(2)(a) of the Jobseekers (Northern Ireland) Order 1995(4), and now vested in it(5), and sections 2(3) and (6), 13(1) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002(6) and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel(7) in so far as regulation 4 is concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of that regulation should not be referred to it(8), hereby makes the following Regulations:

Citation and commencement N.I.

1.  These Regulations may be cited as the Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 and shall come into operation for the purposes of –

(a) this regulation and regulations 6 to 10(1), on 21st May 2003;

(b) regulation 2 –

(i) in so far as it relates to a particular beneficiary other than a beneficiary in receipt of incapacity benefit or severe disablement allowance, on 21st May 2003 if it is his appropriate pay day or, if not, on his appropriate pay day next following 21st May 2003, and for the purposes of this sub-paragraph “appropriate pay day” shall be construed in accordance with regulation 22(3) of, and Schedule 6 to, the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(9), and

(ii) in so far as it relates to a particular beneficiary in receipt of incapacity benefit or severe disablement allowance, on 21st May 2003;

(c) regulations 3 and 10(2), in so far as they relate to a beneficiary paid in advance, on the first day of the first benefit week to commence for that beneficiary on or after 21st May 2003, but otherwise on the first day of the benefit week which includes that date, and for the purpose of this paragraph “benefit week” has the same meaning as in the Income Support (General) Regulations (Northern Ireland) 1987(10);

(d) regulation 4(1) and (3) to (5), on 26th May 2003;

(e) regulation 4(2), on 6th October 2003; and

(f) regulation 5, in so far as it relates to a beneficiary paid in advance, on the first day of the first benefit week to commence for that beneficiary on or after 21st May 2003, but otherwise on the first day of the benefit week which includes that date, and for the purpose of this paragraph “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(11).

Commencement Information

I1 Reg. 1 in operation at 21.5.2003, see reg. 1(a)

Amendment of the Social Security (Hospital In-Patients) Regulations N.I.

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2 revoked (coming into force in accordance with of the amending Rule) by The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005 (S.R. 2005/580), reg. 1(1)(d), Sch. 1

Amendment of the Income Support (General) Regulations N.I.

3.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(12) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(1A)(a)(13) (interpretation) for “6 weeks” there shall be substituted “52 weeks”.

(3) In paragraph 13A(2)(b)(ii) and (c) of Schedule 2(14) (applicable amounts) for “six weeks” there shall be substituted “52 weeks”.

(4) In paragraph 18(7)(g) of Schedule 3(15) (housing costs) for “6 weeks”, in both places where it occurs, there shall be substituted “52 weeks”.

(5) In Schedule 7 (applicable amounts in special cases) –

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph 13(16) (persons in residential accommodation) –

(i) in sub-paragraph (1) the words “Subject to sub-paragraph (2),”, and

(ii) sub-paragraph (2),

shall be omitted.

Textual Amendments

F2 Reg. 3(5)(a) revoked (coming into force in accordance with of the amending Rule) by The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005 (S.R. 2005/580), reg. 1(1)(d), Sch. 1

Commencement Information

I2 Reg. 3 comes into force in accordance with reg. 1(c)

Amendment of the Housing Benefit (General) Regulations N.I.

F3 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 4 revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)

Amendment of the Jobseeker’s Allowance Regulations N.I.

5.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(17) shall be amended in accordance with paragraphs (2) to (6).

(2) In regulation 1(2F)(a)(18) (interpretation) for “6 weeks” there shall be substituted “52 weeks”.

(3) In paragraphs 15A(2)(b)(ii) and (c) and 20IA(2) of Schedule 1(19) (applicable amounts) for “six weeks” there shall be substituted “52 weeks”.

(4) In paragraph 17(7)(g) of Schedule 2 (housing costs) for “6 weeks”, in both places where it occurs, there shall be substituted “52 weeks”.

(5) In Schedule 4 (applicable amounts in special cases) –

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph 15 (persons in residential accommodation) –

(i) in sub-paragraph (1) the words “Subject to sub-paragraph (2),”, and

(ii) sub-paragraph (2),

shall be omitted.

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 5(5)(a) revoked (coming into force in accordance with of the amending Rule) by The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005 (S.R. 2005/580), reg. 1(1)(d), Sch. 1

F5 Reg. 5(6) revoked (coming into force in accordance with of the amending Rule) by The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005 (S.R. 2005/580), reg. 1(1)(d), Sch. 1

Commencement Information

I3 Reg. 5 comes into force in accordance with reg. 1(f)

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations N.I.

F6 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Reg. 6 revoked (6.4.2009) by The Child Support and Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/133), reg. 1(1), Sch. 2

Amendment of the State Pension Credit Regulations N.I.

7.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(20) shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph 14(7)(e) of Schedule 2 (housing costs) for “13 weeks”, in both places where it occurs, there shall be substituted “52 weeks”.

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Reg. 7(3) revoked (coming into force in accordance with of the amending Rule) by The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005 (S.R. 2005/580), reg. 1(1)(d), Sch. 1

Commencement Information

I4 Reg. 7 in operation at 21.5.2003, see reg. 1(a)

Amendment of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations N.I.

8.  In regulation 34 of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003(21) (persons entitled to income support immediately before the appointed day) paragraphs (15) to (19) shall be omitted.

Commencement Information

I5 Reg. 8 in operation at 21.5.2003, see reg. 1(a)

Amendment of the Housing Benefit (State Pension Credit) Regulations N.I.

F8 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Reg. 9 revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)

Revocations N.I.

10.—(1) The regulations specified in column (1) of the Schedule are revoked to the extent mentioned in column (3).

(2) Regulation 19(k)(ii) of the Income Support (General) (Amendment) Regulations (Northern Ireland) 1990(22) is hereby revoked.

Commencement Information

I6 Reg. 10(1) in operation at 21.5.2003, see reg. 1(a)

I7 Reg. 10(2) comes into force in accordance with reg. 1(c)

Sealed with the Official Seal of the Department for Social Development on 1st May 2003.

L.S.

D. A. Baker

Senior Officer of the

Department for Social Development

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 1st May 2003.

L.S.

A. L. Brown

Senior Officer of the

Department of Finance and Personnel

Regulation 10(1)

SCHEDULE N.I. REGULATIONS REVOKED

Commencement Information

I8 Sch. in operation at 21.5.2003, see reg. 1(a)

Column (1)	Column (2)	Column (3)
Citation	Reference	Extent of revocation
The Social Security (Hospital In-Patients) (Amendment) Regulations (Northern Ireland) 1977	S.R. 1977 No. 316	Regulation 5(4)
The Social Security (Hospital In-Patients) (Amendment No. 2) Regulations (Northern Ireland) 1987	S.R. 1987 No. 391	Regulation 2(3) to (5), (8), (9)(a) and (13)(b) and (d)
The Social Security (Hospital In-Patients) (Amendment) Regulations (Northern Ireland) 2002	S.R. 2002 No. 106	The whole regulations

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975 to provide that the weekly rate of specified benefits will not be adjusted after a beneficary has received 6 weeks of free in-patient treatment but after he has received 52 weeks of such in-patient treatment. Similar amendments are made to other regulations in respect of income support, housing benefit, jobseeker’s allowance, state pension credit and child support maintenance calculations.

They also make provision for –

• the amount of dependency benefit to be adjusted after a dependant of a beneficary has received 52 weeks of free in-patient treatment;

• benefits no longer to be adjusted immediately a person enters hospital to receive free in-patient treatment after living in prescribed residential accommodation provided under Article 15 or 36 of the Health and Personal Social Services (Northern Ireland) Order 1972;

• the period which is to be regarded as a temporary absence from a residential care or nursing home where a person is a hospital in-patient;

• no deduction to be made for a non-dependant receiving free in-patient treatment when the treatment has continued for over 52 weeks in the calculation of the applicable amount for the purposes of a beneficiary’s income support or income-based jobseeker’s allowance, the maximum amount of his housing benefit or the housing costs element of state pension credit;

• child support maintenance to be payable at a nil rate after a non-resident parent in receipt of income support or state pension credit has received 52 weeks of free in-patient treatment; and

• consequential amendments and revocations.

In so far as these Regulations are required to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (“the 1992 Act”), and after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.

(1)

S.I. 1991/2628 (N.I. 23); Part I of Schedule 1 is substituted by Schedule 1 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)

(2)

1992 c. 7

(3)

1992 c. 8; section 71(1) was amended by paragraph 32(2) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

(4)

S.I. 1995/2705 (N.I. 15); Article 36(2)(a) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999

(5)

See Article 8(b) of S.R. 1999 No. 481

(6)

2002 c. 14 (N.I.)

(7)

See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481

(8)

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992

(9)

S.R. 1987 No. 465; relevant amending regulations are S.R. 1992 No. 7 and S.R. 2001 No. 108

(10)

S.R. 1987 No. 459; the definition of “benefit week” was amended by regulation 2(a) of S.R. 1988 No. 318

(11)

S.R. 1996 No. 198; the definition of “benefit week” was amended by regulation 2(2) of S.R. 1996 No. 358 and regulation 2(2)(a) of S.R. 1996 No. 503

(12)

Relevant amending regulations are S.R. 1988 Nos. 318 and 431, S.R. 1990 No. 131, S.R. 1993 No. 149, S.R. 1994 No. 65, S.R. 1995 No. 301, S.R. 2000 No. 367 and S.R. 2002 No. 132

(13)

Paragraph (1A) was inserted by paragraph 1(b) of Part I of the Schedule to S.R. 2002 No. 132

(14)

Paragraph 13A was inserted by regulation 2(c)(ii) of S.R. 2000 No. 367

(15)

Schedule 3 was substituted by Schedule 1 to S.R. 1995 No. 301

(16)

Paragraph 13 was amended by regulation 22(d) of S.R. 1988 No. 318, regulation 19(k) of S.R. 1990 No. 131 and paragraph 1(6)(a) of Schedule 1 to S.R. 1993 No. 149

(17)

Relevant amending regulations are S.R. 2000 Nos. 350 and 367 and S.R. 2002 No. 132

(18)

Paragraph (2F) was inserted by paragraph 1(b) of Part II of the Schedule to S.R. 2002 No. 132

(19)

Paragraphs 15A and 20IA were inserted respectively by regulation 4(c)(ii) and (v) of S.R. 2000 No. 367

(20)

S.R. 2003 No. 28

(21)

S.R. 2003 No. 191

(22)

S.R. 1990 No. 131