The Welfare Supplementary Payment (Loss of Disability-Related Premiums) Regulations (Northern Ireland) 2016

Explanatory Note

(This note is not part of the Regulations)

These Regulations introduce welfare supplementary payments to mitigate impacts from implementation of the Welfare Reform (Northern Ireland) Order 2015 as defined in the document “A Fresh Start the Stormont Agreement and Implementation Plan”.

The Regulations provide for making mitigation payments for the loss of entitlement to additional amounts of benefit paid in respect of disability to people that are in receipt of Disability Living Allowance and are assessed for Personal Independence Payment.

Part 1 contains definitions and lists specific benefits for which mitigation payments will be made. It makes specific provision that a payment cannot be paid if a claimant is entitled to a mitigation payment for the loss of entitlement to disability premium(s) paid in respect of another benefit in these Regulations.

Part 2 contains provisions for the award of mitigation payments to Income Support claimants who lose entitlement to one or more of the prescribed disability premiums. In particular it establishes that to be eligible for a mitigation payment a claimant must be in receipt of Disability Living Allowance, Income Support any disability premium at the date they are assessed for Personal Independence Payment. The claimant must also lose entitlement to one or more disability premiums following the decision on entitlement to Personal Independence Payment. Specific provisions are also made for claims to Income Support by a couple where either or both partners are assessed for Personal Independence Payment. This Part also makes provision for the amount of the mitigation payment to be equal to the premium to which the claimant is no longer entitled, for payments to be made every four weeks in arrears for a period of up to one year and the circumstances in which payments will cease.

Part 3 contains provisions for the award of mitigation payments to Jobseeker's Allowance claimants that lose entitlement to one or more of the prescribed disability premiums. It makes specific provisions for claims made from joint-claim couples. It also establishes the eligibility conditions for a mitigation payment, the provisions for calculating and making payment and the circumstances in which payments will cease.

Part 4 contains provisions for the award of mitigation payments to Employment and Support Allowance claimants that lose entitlement to one or more of the prescribed disability premiums. It also establishes the eligibility conditions for a mitigation payment, the provisions for calculating and making payments and the circumstances in which payments will cease.

Part 5 contains provisions for the award of mitigation payments to Working Tax Credit claimants that lose entitlement to the severe disability element. It also establishes the eligibility conditions for a mitigation payment, the provisions for calculating and making payments and the circumstances in which payments will cease.

Part 6 contains provisions for the award of mitigation payments to State Pension Credit claimants that lose entitlement to the additional amount for the severely disabled. It also establishes the eligibility conditions for a mitigation payment, the provisions for calculating and making payments and the circumstances in which payments will cease.

Part 7 makes provision for certain miscellaneous matters that will impact welfare supplementary payments under these Regulations. It contains provisions for the termination of mitigation payments including the outcome of an appeal not to award Personal Independence Payment, and a new or revised award of Personal Independence Payment. It also provides for the temporary cessation and re-instatement of mitigation payments in prescribed circumstances including couples. It also makes provisions that ensure entitlement to a welfare supplementary payment is to be disregarded in the consideration of entitlement to social security benefits and that requires the department to introduce procedures for reviewing entitlement decisions.