The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004

Statutory Rules of Northern Ireland

2004 No. 45

HOUSING; RATES; SOCIAL SECURITY

The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004

Made

12th February 2004

Coming into operation

29th March 2004

The Department for Social Development, in exercise of the powers conferred on it by sections 122(1)(a) and (d), 132(4)(b) and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1), Articles 14(4)(b) and 36(2) of the Jobseekers (Northern Ireland) Order 1995(2), and now vested in it(3) and sections 15(6) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002(4), and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel(5), in so far as regulations 3 and 6 are concerned, hereby makes the following Regulations:

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2004 and shall come into operation on 29th March 2004.

(2) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to an Act of the Assembly.

Commencement Information

I1 Reg. 1 in operation at 29.3.2004, see reg. 1(1)

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

2.  In regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987(7) (interpretation) –

(a) for the definition of “dwelling occupied as the home”(8) there shall be substituted the following definition –

““dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with –

(a)

any agricultural land adjoining that dwelling, and

(b)

any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;”;

(b) the definition of “premises”(9) shall be omitted.

Commencement Information

I2 Reg. 2 in operation at 29.3.2004, see reg. 1(1)

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

F1 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 3 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.

4.  In regulation 1(2) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(10) (interpretation) for the definition of “dwelling occupied as the home” there shall be substituted the following definition –

““dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with –

(a)

any agricultural land adjoining that dwelling, and

(b)

any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;”.

Commencement Information

I3 Reg. 4 in operation at 29.3.2004, see reg. 1(1)

Amendment of the State Pension Credit Regulations N.I.

5.  In regulation 1(2) of the State Pension Credit Regulations (Northern Ireland) 2003(11) (citation, commencement and interpretation) –

(a) for the definition of “dwelling occupied as the home” there shall be substituted the following definition –

““dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with –

(a)

any agricultural land adjoining that dwelling, and

(b)

any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;”;

(b) in Schedule 5 (income from capital) in paragraph 6 for sub-paragraph (2) there shall be substituted the following sub-paragraph –

“(2) In this paragraph “dwelling” means the dwelling occupied as the home formerly so occupied by the claimant.”.

Commencement Information

I4 Reg. 5 in operation at 29.3.2004, see reg. 1(1)

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

F2 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 6 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)

Sealed with the Official Seal of the Department for Social Development on 12th February 2004.

L.S.

John O'Neill

A Senior Officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulations 3 and 6 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 13th February 2004.

L.S.

Ciaran Doran

A Senior Officer of the

Department of Finance and Personnel

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, the State Pension Credit Regulations (Northern Ireland) 2003 and the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 (“the principal Regulations”).

These Regulations amend the principal Regulations so as to clarify the policy intention in relation to the treatment of the dwelling occupied as the home.

These Regulations 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 Social Security Administration (Northern Ireland) Act 1992, 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.

(1)

1992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

(2)

S.I. 1995/2705 (N.I. 15)

(3)

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

(4)

2002 c. 14 (N.I.)

(5)

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

(6)

1954 c. 33 (N.I.)

(7)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 Nos. 146 and 193 and S.R. 2003 No. 154

(8)

Definition of “dwelling occupied as the home” was substituted by regulation 2(a) of S.R. 1988 No. 146

(9)

Definition of “premises” was inserted by regulation 2(c) of S.R. 1988 No. 146

(10)

S.R. 1996 No. 198; to which there are amendments not relevant to these Regulations

(11)

S.R. 2003 No. 28