The Social Security (Loss of Benefit) (Amendment) Regulations (Northern Ireland) 2011
Citation and commencement1.
These Regulations may be cited as the Social Security (Loss of Benefit) (Amendment) Regulations (Northern Ireland) 2011 and shall come into operation on 1st September 2011.
Amendment of the Social Security (Loss of Benefit) Regulations2.
(1)
(2)
In regulation 1 (citation, commencement and interpretation)—
(a)
in paragraph (2)—
(i)
in the definition of “disqualification period”—
(aa)
after “section” insert “5B(11) or”, and
(bb)
for “regulation 2” substitute “regulations 1A and 2”;
(ii)
““the determination day” means (subject to paragraph (2A)) the day on which the Department determines that a restriction under—
(a)
section 5B or 6 of the Act would be applicable to the offender were the offender in receipt of a sanctionable benefit;
(b)
section 7 of the Act would be applicable to the offender were the offender a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or
(c)
section 8 of the Act would be applicable to the offender’s family member were that member in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance or housing benefit;”;
(iii)
at the end of the definition of “the Jobseeker’s Allowance Regulations” omit “and”;
(iv)
in the definition of “offender” after “section” insert “5B or”;
(v)
““pay day” in relation to a sanctionable benefit means the day on which that benefit is due to be paid; and
“relevant authority” in relation to housing benefit means the relevant authority administering the benefit of the offender or the offender’s family member.”;
(b)
“(2A)
Where, for the purposes of section 5B of the Act, the disqualifying event is an agreement to pay a penalty as referred to in section 5B(1)(b) of the Act, the determination day is the 28th day after the day referred to in the definition of that term in paragraph (2).”.
(3)
“Disqualification period: section 5B(11) of the Act1A.
(1)
The first day of the disqualification period for the purposes of section 5B(11) of the Act (“DQ-day”) shall be determined as follows.
(2)
This paragraph applies where on the determination day—
(a)
the offender is in receipt of a sanctionable benefit;
(b)
the offender is a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or
(c)
the offender’s family member is in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance or housing benefit.
(3)
Where paragraph (2) applies and paragraph (4) does not apply (but subject to paragraph (7))—
(a)
in relation to a sanctionable benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the determination day; and
(b)
in relation to a sanctionable benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the determination day.
(4)
This paragraph applies where on the determination day the offender or (as the case may be) the offender’s family member is in receipt of—
(a)
housing benefit; and
(b)
no other sanctionable benefit.
(5)
Where paragraph (4) applies—
(a)
in relation to housing benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Department is notified by the relevant authority that the offender or the offender’s family member is in receipt of housing benefit or has been awarded housing benefit; and
(b)
in relation to housing benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Department is so notified by the relevant authority.
(6)
Where neither paragraph (2) nor paragraph (4) applies, DQ-day is the first day after the end of the period of 28 days beginning with the determination day.
(7)
Where on the determination day—
(a)
paragraph (2) applies in the case of an offender or (as the case may be) the offender’s family member, but
(b)
that person ceases to be in receipt of a benefit referred to in that paragraph before the first day of the disqualification period that would apply by virtue of paragraph (3),
DQ-day is the first day after the end of the period of 28 days beginning with the determination day.
Disqualification period: section 6(6) of the Act2.
(1)
The first day of the disqualification period for the purposes of section 6(6) of the Act (“DQ-day”) shall be determined as follows.
(2)
This paragraph applies where on the determination day—
(a)
the offender is in receipt of a sanctionable benefit;
(b)
the offender is a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or
(c)
the offender’s family member is in receipt of income support, jobseeker’s allowance, state pension credit, employment and support allowance or housing benefit.
(3)
Where paragraph (2) applies and paragraph (4) does not apply—
(a)
in relation to a sanctionable benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the determination day; and
(b)
in relation to a sanctionable benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the determination day.
(4)
This paragraph applies where on the determination day the offender or (as the case may be) the offender’s family member is in receipt of—
(a)
housing benefit; and
(b)
no other sanctionable benefit.
(5)
Where paragraph (4) applies—
(a)
in relation to housing benefit which is paid in arrears, DQ-day is the day following the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Department is notified by the relevant authority that the offender or the offender’s family member is in receipt of housing benefit or has been awarded housing benefit; and
(b)
in relation to housing benefit which is paid in advance, DQ-day is the first pay day after the end of the period of 28 days beginning with the first day after the determination day on which the Department is so notified by the relevant authority.
(6)
Where neither paragraph (2) nor paragraph (4) applies, DQ-day is the first day after the end of the period of 28 days beginning with the determination day on which the Department decides to award—
(a)
a sanctionable benefit to the offender;
(b)
a joint-claim jobseeker’s allowance to a joint-claim couple of which the offender is a member; or
(c)
income support, jobseeker’s allowance, state pension credit or employment and support allowance to the offender’s family member.
(7)
For the purposes of the preceding provisions of this regulation, DQ-day is to be no later than 5 years and 28 days after the date of the conviction of the offender for the benefit offence in the later proceedings referred to in section 6(1) of the Act; and section 6(9) of the Act (date of conviction and references to conviction) shall apply for the purposes of this paragraph as it applies for the purposes of section 6 of the Act.”.
(4)
(a)
in paragraph (1) for “to (4)” substitute “and (3)”;
(b)
omit paragraph (4).
(5)
In regulation 5(3) (meaning of “person in hardship”)—
(a)
after sub-paragraph (a) add “or”;
(b)
in sub-paragraph (b) after “Article” insert “10 or” and before “circumstances” insert “attendance, information and evidence;” and
(c)
omit sub-paragraph (c) and the word “or” immediately before it.
(6)
In regulation 6(2) (circumstances in which an income-based jobseeker’s allowance is payable to a person who is a person in hardship) before “6(2)” insert “5B(5) or ”.
(7)
In regulation 7(2) (further circumstances in which an income-based jobseeker’s allowance is payable to a person who is a person in hardship) before “6(2)” insert “5B(5) or”.
(8)
In regulation 9 (provision of information) before “6(4)(b)” insert “5B(7)(b) and”.
(9)
(a)
in paragraph (2) for “regulation 13” substitute “regulation 12”;
(b)
in paragraph (3) for “regulation 14” substitute “regulation 13”;
(c)
in paragraph (4)(b)—
(i)
after “subject” insert “or are to be treated as subject”;
(ii)
after “Article” insert “10 or”, and
(iii)
before “denial” insert “attendance, information and evidence;”.
(10)
In regulation 18 (circumstances where housing benefit is payable) after “income support” insert “, an income-related employment and support allowance, state pension credit,”.
(11)
“Benefits to be treated as neither sanctionable nor disqualifying19A.
Each of the following benefits is to be treated as neither a sanctionable benefit nor a disqualifying benefit—
(a)
statutory adoption pay;
(b)
statutory paternity pay;
(c)
health in pregnancy grant.”.
(12)
In regulation 20 (deductions from benefits) before “6” insert “5B,”.
Amendment of the Social Security (Credits) Regulations3.
(1)
(2)
(3)
Amendment of the Income Support (General) Regulations4.
(1)
(2)
(3)
Amendment of the Jobseeker’s Allowance Regulations5.
(1)
(2)
(3)
In Schedule 1 (applicable amounts)—
(a)
(b)
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations6.
(1)
(2)
“(8A)
Where—
(a)
a restriction is imposed on a person under section 5B, 7, 8 or 9 of the Fraud Act as a result of the person—
(i)
being convicted of an offence by a court, or
(b)
that conviction is quashed or set aside by that or any other court, or the person withdraws his agreement to pay a penalty,
a decision of the Department made under Article 9(1)(a) or 11 in accordance with regulation 6(2)(i) or (j) may be revised at any time.”.
(3)
(a)
after “section”, in the first place it occurs, insert “5B,”; and
(b)
for “same meaning as in section 6” substitute “meaning given in section 5A”.
(4)
(5)
“Loss of Benefit
25.
(1)
In the circumstances referred to in sub-paragraph (2), a decision of the Department that a sanctionable benefit as defined in section 5A of the Fraud Act is not payable (or is to be reduced) pursuant to section 5B, 6, 7 or 8 of that Act as a result of—
(a)
a conviction for one or more benefit offences in one set of proceedings;
(b)
an agreement to pay a penalty under section 109A of the Administration Act or section 115A of the Social Security Administration Act 1992 in relation to a benefit offence;
(c)
a caution in respect of one or more benefit offences; or
(d)
a conviction for one or more benefit offences in each of two sets of proceedings, the later offence or offences being committed within the period of 5 years after the date of any of the convictions for a benefit offence in the earlier proceedings.
(2)
The circumstances are that the only ground of appeal is that any of the convictions was erroneous, or that the offender (as defined in section 5B(1) of the Fraud Act) did not commit the benefit offence in respect of which there has been an agreement to pay a penalty or a caution has been accepted.”.
Amendment of the Housing Benefit (Decisions and Appeals) Regulations7.
(1)
(2)
“(6A)
Where—
(a)
a restriction is imposed on a person under section 5B, 6, 7 or 8 of the Fraud Act (loss of benefit provisions) as result of the person—
(i)
being convicted of an offence by a court; or
(ii)
agreeing to pay a penalty as an alternative to prosecution under section 109A of the Administration Act or section 115A of the Social Security Administration Act 1992; and
(b)
that conviction is quashed or set aside by that or any other court, or the person withdraws his agreement to pay a penalty,
a decision of the relevant authority made in accordance with regulation 7(2)(f) or (g) may be revised at any time.”.
(3)
(a)
after “section”, in the first place it occurs, insert “5B,”; and
(b)
for “same meaning as in section 6” substitute “meaning given in section 5A”.
(4)
Amendment of the Discretionary Financial Assistance Regulations8.
Amendment of the Housing Benefit Regulations9.
(1)
(2)
In regulation 2(3)(d) (interpretation) after “section” insert “5B,”.
(3)
In Schedule 4 (applicable amounts) in paragraph 14(7) (severe disability premium) after “section” insert “5B or”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations10.
(1)
(2)
In regulation 2(3)(d) (interpretation) after “section” insert “5B,”.
(3)
In Schedule 4 (applicable amounts) in paragraph 6(8)(b) (severe disability premium) after “section” insert “5B or”.
Amendment of the Employment and Support Allowance Regulations11.
(1)
(2)
In regulation 157(3)(a) (disqualification for misconduct, etc.) after “section” insert “5B or”.
(3)
In Schedule 4 (amounts) in paragraph 6(8) (severe disability premium) after “section” insert “5B or”.
Revocations12.
The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).
Sealed with the Official Seal of the Department for Social Development on 29th July 2011
SCHEDULERevocations
Column (1) Citation | Column (2) Reference | Column (3) Extent of Revocation |
|---|---|---|
The Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002 | Regulation 3(4) In regulation 5(3)(b) the word “or” after that sub-paragraph Regulation 5(3)(c) Regulation 21 | |
The Social Security (Loss of Benefit) (Consequential Amendments) Regulations (Northern Ireland) 2002 | Regulations 7(3) and 8(3) | |
The State Pension Credit Regulations (Northern Ireland) 2003 | Regulation 25(2) | |
The Welfare Reform (2007 Act) (Commencement No. 4 and Consequential Provisions) Order (Northern Ireland) 2008 | Article 3 | |
The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 | Regulation 29(2) and (3)(c) |
These Regulations make amendments to the Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002 (“the Loss of Benefit Regulations”) as a result of the commencement of section 19 of the Welfare Reform Act (Northern Ireland) 2010 (“the 2010 Act”). Section 19 amends the Social Security Fraud Act (Northern Ireland) 2001 (“the 2001 Act”) to provide for a new sanction for benefit offences under which there will be restrictions in payment of “sanctionable benefits” (which are most benefits except those relating solely to old age, disability and children).
These restrictions will apply when a person has been convicted of one or more benefit offences in any proceedings, has agreed to pay an administrative penalty or has been cautioned for a benefit offence. The sanction may result in the total loss of benefit for four weeks or a reduction in benefit for four weeks. The new sanction will not apply where the offender has been convicted of one or more benefit offences in a set of proceedings where the offence was committed within the period of five years after the date on which the offender was convicted of one or more benefit offences in an earlier set of proceedings. The existing benefit sanction in section 6 of the 2001 Act will apply instead.
These Regulations also make some other amendments to the Loss of Benefit Regulations and make supplemental and consequential amendments to other secondary legislation as a result of the coming into operation of section 19 of the 2010 Act.
Regulation 2 amends the Loss of Benefit Regulations as follows:
paragraphs (2), (4), (6) to (8) and (12) make other consequential amendments as a result of the coming into operation of section 19 and the changes made by these regulations.
paragraph (3) prescribes what is to be the first day of the disqualification period for both the benefit sanction introduced by section 5B of the 2001 Act and that contained in the existing section 6 of that Act.
paragraph (5) amends regulation 5 which sets out when a person is to be treated as a person in hardship. Its effect is to deem jobseeker’s allowance claimants who are also subject to another sanction for failing to attend mandatory appointments as not being persons in hardship.
paragraph (9)(a) and (b) correct two errors in regulation 11.
paragraph (10) corrects regulation 18 by inserting references to employment and support allowance and state pension credit in relation to the application of the sanctions to housing benefit.
paragraph (11) inserts regulation 19A so as to provide that statutory adoption pay, statutory paternity pay and health in pregnancy grant are to be treated as neither sanctionable benefits nor disqualifying benefits for the purposes of sections 5A to 9 of the 2001 Act.
Regulation 6 amends the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999, in particular so as to provide that no appeal shall lie to an Appeal Tribunal in respect of a decision to impose the new benefit sanction or the existing benefit sanction where the only ground of appeal is that any of the convictions was erroneous or that the offender did not commit the benefit offence in respect of which the offender has agreed to pay an administrative penalty or has been cautioned.
Regulations 3 to 5 and 7 to 11 make consequential amendments to the other relevant secondary legislation as a result of the coming into operation of section 19.
Regulation 12 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.