The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend—

• the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987;

• the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988;

• the Social Security (Incapacity Benefit – Increases for Dependants) Regulations (Northern Ireland) 1994;

• the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995;

• the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999;

• the Social Security (Claims and Information) Regulations (Northern Ireland) 2007; and

• the Employment and Support Allowance Regulations (Northern Ireland) 2008.

Regulation 2 amends section 44A(2) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 to allow satisfaction of the first or second National Insurance contribution conditions for employment and support allowance to establish entitlement to deemed earnings factors for pensioners.

Regulation 3 amends the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 to clarify that, in relation to employment and support allowance, a claim is not required where the claimant is pursuing an appeal against a decision of the Department which embodies a determination that they do not have limited capability for work, if the appeal relates to a decision to terminate or not to award a benefit for which a claim was made.

Regulation 4 amends the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988 to ensure that, where employment and support allowance is awarded to a person for a period for which child benefit is also in payment in respect of that person, the child benefit can be offset against the employment and support allowance due.

Regulation 5 makes a minor amendment to the Social Security (Incapacity Benefit – Increases for Dependants) Regulations (Northern Ireland) 1994 so that the appropriate definition of pensionable age is applied.

Regulation 6 amends the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 to—

• update the definition of ‘medical evidence’ to reflect the fact that health care professionals, as well as doctors, may provide advice to decision-makers;

• insert a new regulation to provide for persons to be treated as capable of work when the period covered by their medical evidence has expired and they fail to provide further evidence or to contact the Department;

• amend the permitted work provisions to include work carried out under the supervision of a person employed by a community interest company in addition to public authorities and voluntary organisations and to clarify that a period of specified work is a continuous period of 52 weeks.

Regulation 7 makes minor amendments to the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 in relation to revision, supersession and information and evidence provisions.

Regulation 8 makes a minor amendment to the Social Security (Claims and Information) Regulations (Northern Ireland) 2007 to add employment and support allowance to the list of benefits to which the Regulations apply.

Regulation 9 makes a number of amendments to the Employment and Support Allowance Regulations (Northern Ireland) 2008—

• the definition of ‘period of limited capability for work’ is amended to clarify the period for which entitlement to an employment and support allowance can be considered;

• minor amendments to provisions regarding the beginning and end of the assessment phase;

• regulation 13 is substituted by a new regulation which clarifies the modification of the relevant benefit year for claimants who do not satisfy the contribution conditions but would satisfy those conditions in a subsequent benefit year if the modified relevant benefit year is used;

• regulation 30 is amended to provide that, except in certain circumstances such as a new medical condition or a significant deterioration in an existing condition, a claimant will not be treated as having limited capability for work if a claim for employment and support allowance is made within six months of a determination that the claimant is capable of work or is to be treated as capable of work under regulations relating to incapacity benefit;

• a new regulation 32A is inserted to provide for persons to be treated as capable of work when the period covered by their medical evidence has expired and they fail to provide further evidence or to contact the Department;

• the supported permitted work provisions are amended to include work carried out under the supervision of a person employed by a community interest company in addition to public authorities and voluntary organisations and to clarify that a period of specified work is a continuous period of 52 weeks;

• regulations 53 and 61 are amended in respect of the matters which must be considered in determining whether a claimant has good cause for failure to undertake a work-focused health-related assessment or a work-focused interview;

• a new regulation 147A is inserted to make provision for claimants who appeal a decision of the Department which embodies a determination that they do not have limited capability for work, in that, unless there is an intervening change of circumstances, the determination whether the claimant has limited capability for work will be made when the appeal is determined;

• to ensure consistency with other income-related benefits, minor amendments will provide for a £20 disregard to apply where a royalty payment is received some time after work has ceased and income-related employment and support allowance is in payment; and the condition that the claimant must seek and receive permission from the Department before leaving Northern Ireland to travel abroad for health service treatment is removed.

Regulation 10 makes consequential revocations.

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.