PART 7Miscellaneous
Termination of welfare supplementary payment on determination of appeal against refusal of personal independence payment39
1
This regulation applies where a person appeals (within the meaning of Article 13 of the 1998 Order M1) against the refusal of personal independence payment referred to in Parts 2, 3, 4, 5 or 6.
2
Welfare supplementary payment under those Parts must cease to be paid from the day after the first payment of welfare supplementary payment following the date on which the decision notice of the appeal tribunal is received by the Department.
F12A
Paragraph (2) does not apply if the person becomes entitled to welfare supplementary payment under regulation 14 of the Welfare Supplementary Payment (Loss of Disability Living Allowance) Regulations (Northern Ireland) 2016 consequent upon that appeal.
F52B
Where the date on which the decision notice is received by the Department is in the administrative period, paragraph (2) has effect as if for “must cease to be paid from the day after the first payment of welfare supplementary payment following” there were substituted “must not be paid for times after”
.
3
Where a person is granted leave to make an appeal from a decision of the appeal tribunal to refuse personal independence payment to the Commissioner, further welfare supplementary payment under those Parts is payable as set out in paragraphs (4) and (5).
4
The period during which further welfare supplementary payment is payable commences on the day following the day that leave to appeal to the Commissioner is granted.
5
The period during which F6further welfare supplementary payment is payable ends—
a
after the first payment following the date on which the decision of the Commissioner is received by the Department, or
b
F7on 31st March 2025 ,
whichever is first to occur.
F86
But the period during which further welfare supplementary payment is payable does not include any times in the administrative period.
7
Where the date the Commissioner’s decision is received by the Department is in the administrative period, paragraph (5) has effect as if for “after the first payment following” there were substituted “on”
.
Termination of welfare supplementary payment on change in personal independence payment40
1
Welfare supplementary payment must cease to be paid to a person if there is a change in the entitlement to personal independence payment of—
a
the person, or
b
(subject to paragraph (2)), where the person is a member of a couple, the other member of that couple.
2
3
Payment must cease from the day after the first payment of welfare supplementary payment following that change.
F103A
Where that change occurs in the administrative period, this regulation has effect—
a
as if in paragraph (1) for “must cease to be paid to a person if” there were substituted “must not be paid to a person for times after the day on which”
, and
b
as if paragraph (3) were omitted.
4
In this regulation, a change in entitlement to personal independence payment includes—
a
personal independence payment being awarded where it was not previously awarded, and
b
a change in the award of personal independence payment.
Temporary cessation of the underlying benefit41
1
This regulation applies where—
a
welfare supplementary payment ceases to be paid to a person because an underlying benefit ceases to be paid F11or welfare supplementary payment would have ceased to be paid for that reason but for the operation of regulation 8(3)(b), 17(3)(b), 24(3)(b), 30(3)(b) or 36(3)(b) ,
b
the person makes a new claim for that underlying benefit,
c
that claim is made within 12 weeks of the original underlying benefit ceasing, and
d
that claim is successful.
2
Welfare supplementary payment restarts from the date that entitlement to the underlying benefit restarts F12or, if that date is in the administrative period, from the end of the administrative period .
3
The period between welfare supplementary payment ceasing F13(whether because an underlying benefit ceases to be paid or under regulation 8(3)(b), 17(3)(b), 24(3)(b), 30(3)(b) or 36(3)(b)) and restarting F14(under paragraph (2)) counts towards the maximum 1 year period in which welfare supplementary payment is payable.
4
Subject to paragraph (5), where a person is a member of a couple, paragraph (1)(b) is satisfied if either member of the couple makes the claim.
5
6
In this regulation “underlying benefit” means income support, income-based jobseeker's allowance (within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995), employment and support allowance (under section 1(2)(b) of the Welfare Reform Act (Northern Ireland) 2007), working tax credit or state pension credit.
F167
The references in paragraphs (1) and (3) to regulations 8(3)(b), 17(3)(b), 24(3)(b), 30(3)(b) and 36(3)(b) are references to those provisions as they were in force at the date on which the underlying benefit ceased to be paid.
Temporary cessation of an underlying benefit with equivalent disability-related premium42
1
This regulation applies where—
a
welfare supplementary payment ceases to be paid to a person because an underlying benefit (“the original underlying benefit”) ceases to be paid, F17or welfare supplementary payment would have ceased to be paid for that reason but for the operation of regulation 8(3)(b), 17(3)(b), 24(3)(b), 30(3)(b) or 36(3)(b),
b
the person makes a new claim for a different underlying benefit,
c
the different underlying benefit has an equivalent disability-related premium to the premium, element or amount (as the case may be) in respect of which welfare supplementary payment was being paid,
d
that claim is made within 12 weeks of the original underlying benefit ceasing, and
e
that claim is successful.
2
Welfare supplementary payment restarts from the date that entitlement to the different underlying benefit starts F18or, if that date is in the administrative period, from the end of the administrative period .
3
The amount of welfare supplementary payment is equal to the welfare supplementary payment in respect of the premium, element or amount (as the case may be) associated with the original underlying benefit.
4
The period between welfare supplementary payment ceasing F19(whether because an underlying benefit ceases to be paid or under regulation 8(3)(b), 17(3)(b), 24(3)(b), 30(3)(b) or 36(3)(b)) and restarting F20(under paragraph (2)) counts towards the maximum 1 year period in which welfare supplementary payment is payable.
5
Subject to paragraph (6), where a person is a member of a couple, paragraph (1)(b) is satisfied if either member of the couple makes the claim.
6
7
In this regulation “underlying benefit” means income support, income-based jobseeker's allowance (within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995), employment and support allowance (under section 1(2)(b) of the Welfare Reform Act (Northern Ireland) 2007), working tax credit or state pension credit.
8
For the purposes of this regulation, the following are equivalent disability-related premiums—
a
disability premium under paragraph 11 of Schedule 2 to the Income Support (General) Regulations (Northern Ireland) 1987 M2,
b
disability premium under paragraph 13 of Schedule 1 to the Jobseeker's Allowance Regulations (Northern Ireland)1996 M3,
c
disability premium under paragraph 20G of Schedule 1 to the Jobseeker's Allowance Regulations (Northern Ireland)1996 M4.
9
For the purposes of this regulation, the following are equivalent disability-related premiums—
a
severe disability premium under paragraph 13 of Schedule 2 to the Income Support (General) Regulations (Northern Ireland) 1987 M5,
b
severe disability premium under paragraph 15 of Schedule 1 to the Jobseeker's Allowance Regulations (Northern Ireland)1996 M6,
c
severe disability premium under paragraph 20I of Schedule 1 to the Jobseeker's Allowance Regulations (Northern Ireland)1996 M7,
d
severe disability premium under paragraph 6 of Schedule 4 to the Employment and Support Allowance Regulations (Northern Ireland) 2008 M8,
e
severe disability element under regulation 17 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 M9,
f
the additional amount (in respect of the appropriate minimum guarantee) prescribed under regulation 6(4) of the State Pension Credit Regulations (Northern Ireland) 2003 for persons treated as severely disabled persons.
10
For the purposes of this regulation, the following are equivalent disability-related premiums—
a
enhanced disability premium under paragraph 13A of Schedule 2 to the Income Support (General) Regulations (Northern Ireland) 1987 M10,
b
enhanced disability premium under paragraph 15A of Schedule 1 to the Jobseeker's Allowance Regulations (Northern Ireland) 1996 M11,
c
enhanced disability premium under paragraph 20IA of Schedule 1 to the Jobseeker's Allowance Regulations (Northern Ireland) 1996 M12,
d
enhanced disability premium under paragraph 7 of Schedule 4 to the Employment and Support Allowance Regulations (Northern Ireland) 2008.
F2211
The references in paragraphs (1) and (4) to regulations 8(3)(b), 17(3)(b), 24(3)(b), 30(3)(b) and 36(3)(b) are references to those provisions as they were in force at the date on which the original underlying benefit ceased to be paid.
Termination of welfare supplementary payment where couple becomes entitled to disability-related premium43
1
This regulation applies where—
a
a person (A) is entitled to welfare supplementary payment,
b
A forms a couple with another person (B) who is not entitled to welfare supplementary payment, and
c
A or B (or A and B in the case of a joint-claim couple as referred to in Part 3, or a joint claim as referred to in Part 5) are awarded—
i
disability-related premium referred to in Part 2, 3 or 4
ii
disability-related element referred to in Part 5, or
iii
severe disability component referred to in Part 6.
2
Welfare supplementary payment must cease to be paid from the date A or B (or A and B in the case of a joint-claim couple or a joint claim) are entitled to the disability-related premium, disability-related element or severe disability component (as the case may be).
Persons forming a couple where there are equivalent disability-related premiums44
1
This regulation applies where—
a
a person A is entitled to welfare supplementary payment,
b
a person B is entitled to welfare supplementary payment,
c
the welfare supplementary payments of A and B are in respect of equivalent disability-related premiums,
d
A and B form a couple, and
e
A or B (or A and B in the case of a joint-claim couple as referred to in Part 3, or a joint claim as referred to in Part 5) are awarded an underlying benefit.
2
Where the underlying benefit has an equivalent disability-related premium to the premium, element or amount (as the case may be) A and B were originally entitled to, then—
a
A is entitled to welfare supplementary payment of an amount equal to 50% of that equivalent disability-related premium, and
b
B is entitled to welfare supplementary payment of an amount equal to 50% of that equivalent disability-related premium.
3
Where the new underlying benefit does not have an equivalent disability-related premium to the premium, element or amount (as the case may be) A and B were originally entitled to, then there is no change in welfare supplementary payments to A and B.
4
In this regulation “equivalent disability-related premiums” and “underlying benefit” have the same meaning as in regulation 42.
F2Persons to whom welfare supplementary payments may be made44A
1
A welfare supplementary payment to which a person is entitled under these Regulations must be paid to the person, but this is subject to paragraph (2).
2
Payment may be made to a person appointed under regulation 33 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987.
F3Effect of sanctions44B
For the avoidance of doubt, where a person is subject to a benefit sanction (for example for failure to take part in a work-focused interview), the effect of the sanction is to be disregarded in calculating the amount of welfare supplementary payment payable.
F4Information sharing44C
1
The Department may supply to the Commissioners for Her Majesty’s Revenue and Customs such information as they may require for the purposes of HMRC functions.
2
The Commissioners for Her Majesty’s Revenue and Customs may supply to the Department such information as the Department may require for the purposes of functions relating to the payment and administration of welfare supplementary payments.
3
Information supplied under this regulation must not be supplied by the recipient of the information to any other person or body without—
a
the authority of the Department, in the case of information supplied under paragraph (1),
b
the authority of the Commissioners for Her Majesty’s Revenue and Customs, in the case of information supplied under paragraph (2).
4
Where information supplied under this regulation has been used for the purposes for which it was supplied, it is lawful for it to be used for any purposes for which information held for those purposes could reasonably be used.
5
This regulation does not limit the circumstances in which information may be supplied apart from this regulation.
6
In this regulation “HMRC functions” means any function—
a
for which the Commissioners for Her Majesty’s Revenue and Customs are responsible by virtue of section 5 of the Commissioners for Revenue and Customs Act 2005, or
b
which relates to a matter listed in Schedule 1 to that Act.
Review45
1
The Department must establish procedures for reviewing a person's entitlement to welfare supplementary payment under these Regulations.
2
The procedures established must—
a
provide for a review to be carried out on the application of any person,
b
provide for the manner of making the application.
3
The procedures may, in particular, provide for—
a
the consideration of the applicant's entitlement to welfare supplementary payment by up to three persons nominated by the Department,
b
the preparation of a report by these persons setting out their conclusions in relation to the applicant's entitlement to welfare supplementary payment and their recommendation as to the manner in which the matter should be finally determined.
Disregards46
No account must be taken of entitlement to welfare supplementary payment in considering a person's entitlement to benefit under a statutory provision relating to social security (irrespective of the name or nature of the benefit).
Residency47
A person is not entitled to welfare supplementary payment unless the person—
a
is ordinarily resident in Northern Ireland; and
b
is present in Northern Ireland.
Temporary absence from Northern Ireland48
1
Subject to regulation 49, where a person is temporarily absent from Northern Ireland, the person is treated as present in Northern Ireland for the purpose of these Regulations for the first 4 weeks of absence.
2
A person is temporarily absent from Northern Ireland if, at the beginning of the period of absence, the person's absence is unlikely to exceed 52 weeks.
Temporary absence from Northern Ireland to receive medical treatment49
1
Where a person is temporarily absent from Northern Ireland, the person is treated as present in Northern Ireland for the purposes of these Regulations for the first 13 weeks of that absence, where—
a
the person's absence is solely in connection with arrangements made for the medical treatment of the person for a disease or bodily or mental disablement which commenced before the person left Northern Ireland; and
b
the arrangements referred to in sub-paragraph (a) relate to medical treatment—
i
outside Northern Ireland,
ii
during the period whilst the person is temporarily absent from Northern Ireland, and
iii
by, or under the supervision of, a person appropriately qualified to carry out that treatment.
2
In this regulation “temporarily absent” has the same meaning as in regulation 48(2).