(This note is not part of the Regulations.)
These Regulations amend the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 and the State Pension Credit Regulations (Northern Ireland) 2003 (“the principal Regulations”).
They also amend the Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987 (“the Social Fund Maternity and Funeral Expenses Regulations”) and the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997 (“the Recovery of Benefit Regulations”).
The principal Regulations are amended to –
insert a definition of the Skipton Fund (regulation 2);
include in the definition of “qualifying person” reference to a person in respect of whom payment has been made from the Skipton Fund (regulation 2);
provide that payments made to a person from the Skipton Fund will be disregarded when calculating a person’s capital and, in the case of the State Pension Credit Regulations (Northern Ireland) 2003, provide that payments received will be disregarded for the purpose of calculating a person’s income from capital (regulation 3).
The Skipton Fund is an ex-gratia payment scheme administered by the Skipton Fund Limited on behalf of the Department of Health, Social Services and Public Safety for the benefit of persons who have contracted hepatitis C from National Health Service (NHS)/Health and Personal Social Services (HPSS) blood, blood products or tissue.
Regulation 4 amends the Income Support (General) Regulations (Northern Ireland) 1987 to correct a reference to supporting legislation in the conditions for Higher Pensioner Premium and Disability Premium which was inserted by the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 191).
Regulation 5 amends regulation 2(2) of the Recovery of Benefits Regulations to include an exemption for payments made from the Skipton Fund from the compensation recovery scheme.
Regulation 6 amends regulation 7 of the Social Fund Maternity and Funeral Expenses Regulations to provide that payments received from the Skipton Fund will not be deducted from an award of a funeral payment.
In so far as these Regulations are required, for the purposes of regulations 2, 3(1) and (2)(a), (3), (4)(a), (5) and (6) 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”), 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 any charge on business.