(This note is not part of the Regulations)
Regulation 2 makes a minor amendment to the Social Security (Credits) Regulations (Northern Ireland) 1975 (S.R. 1975 No.113). Regulation 12 makes a related minor amendment to the Jobseeker’s Allowance (Sanctions) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2916 No. 241) and omits a provision of those regulations which would have provided for the amendment of the Social Security (Credits) Regulations (Northern Ireland) 1975 as that amendment has now been superseded.
Regulations 3(2) and (3)(a) and (b) ensure that persons in receipt of universal credit may be entitled to a cold weather payment. The regulations make further amendments to ensure that the Social Fund (Cold Weather) Payments (General) Regulations (Northern Ireland) 1988 (S.R. 1988 No. 368) apply correctly in relation to the entitlement to cold weather payments of those who are in receipt of universal credit.
Regulation 3(3)(c) provides that there is no entitlement to a cold weather payment where a person in receipt of universal credit has been in employment or gainful self-employment for any of the days during a seven day recorded period of cold weather, or where the period of cold weather is forecasted, on the day when the Met. Office supplies the Department of Communities with the forecast. There is an exception where the claimant is in receipt of an additional amount of universal credit in respect of a disabled child or qualifying young person.
Regulation 4(2) to (5) and (9) to (14) amends the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (S.R. 1996 No. 198) (“the 1996 JSA Regulations”) in order to ensure consistency with the Jobseeker’s Allowance Regulations (Northern Ireland) 2016 (S.R. 2016 No. 218) (“the 2016 JSA Regulations”).
Regulations 4(6) to (8), 8(a), 9(9) to (14) , 10(4) to (8) and 11(3) to (5) amend the sanctions provisions in the 1996 JSA Regulations, the Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008 No. 280) (“the 2008 ESA Regulations”), the Universal Credit Regulations (Northern Ireland) 2016 (S.R. 2016 No. 216) (“the UC Regulations”), the 2016 JSA Regulations and the Employment and Support Allowance Regulations (Northern Ireland) 2016 (S.R. 2016 219) (“the 2016 ESA Regulations”) respectively. In each case, a table setting out the reduction periods that apply depending on the circumstances in which the failure has occurred is substituted for the existing provisions so as to ensure that in all cases where a failure has occurred within 14 days of a previous one the reduction period for the subsequent failure is for the same duration as the previous reduction period. The length of the actual reduction periods is not altered. Regulation 8(b) also clarifies the date from which these rules relating to reduction periods apply for Employment and Support Allowance claimants who come within the 2008 ESA Regulations.
Regulation 5(2) makes a minor correction to the definition of “Income Support Work-Related Activity Regulations” in the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (S.R. 1999 No.162) (“the Child Support Regulations”).
Regulation 5(3) amends regulation 3(7CD) of the Child Support Regulations, as inserted by regulation 12(3) of the Income Support (Work-Related Activity) and Miscellaneous Amendments Regulations (Northern Ireland) 2017 (S.R. 2017 No. 18). Regulation 3(7CD) provides for the revision of a decision made in consequence of a determination under regulation 6(2) of S.R. 2017 No.18. The amendment makes clear that a decision may only be revised where the claimant has not shown good cause for a failure to undertake work-related activity. This aligns the wording of the provision with the wording of regulation 6(2).
Regulation 6 makes a minor amendment to the State Pension Credit Regulations (Northern Ireland) 2003 to reflect change made to the 1996 JSA Regulations.
Regulation 7 amends the Housing Benefit (Persons who have attained the age for state pension credit) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 406) so as to include reference to relevant provisions in the Universal Credit Regulations (Northern Ireland) 2016 (S.R. 2016 No. 216).
Regulation 9(2), (5), (7), (16), (17) and (18) make minor corrections and amendments to the UC Regulations.
Regulation 9(3) inserts a Northern-Ireland specific provision into the UC Regulations which allows for any premises or land not wholly owned by a claimant to be temporarily disregarded whilst the extent of the claimant’s beneficial interest is ascertained.
Regulation 9(8) amends the definition of “registered social worker” to reflect the re-naming, by Part 3 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), of the Care Council for Wales as Social Care Wales. Regulations 10(3) and 11(2) make equivalent amendments to the same definition in the 2016 JSA Regulations and the 2016 ESA Regulations. In these sets of regulations, the definition of “registered social worker” describes one of the professionals who may be deemed to be acting in an official capacity and able to provide evidence that domestic violence has been inflicted or threatened against a claimant for the purposes of these benefits.
Regulation 9(15) makes transitional provision for the calculation of earned income for the purposes of calculating an award of universal credit during the period prior to 2nd April 2018, when the rules on the treatment of surplus earnings and self-employed losses in Chapter 2 of Part 6 of the UC Regulations will come into force. Regulation 9(4) and (6) makes related corrections and amendments to regulations 54 and 58 of the UC Regulations, which deal with surplus earnings and unused losses in the calculation of earned income.
Regulation 9(19) inserts two additional Northern Ireland- specific capital disregards into the UC Regulations.
Regulation 10(2) and (11) to (13) amends provisions in the 2016 JSA Regulations relating to calculation or estimation of income in consequence of the power of the Scottish Parliament to set a Scottish rate of income tax provided for in Part 4A of the Scotland Act 1998 (c. 46). The amendments introduce definitions of a “Scottish taxpayer” and the “Scottish basic rate” of tax to the existing references to the basic rate of tax. They also update references to “personal allowance” and “personal reliefs” so as to refer to the relevant provisions of the Income Tax Act 2007 (c. 3). Regulation 11(6) makes equivalent amendments to regulation 84 of the 2016 ESA Regulations.
Regulation 10(9) and (10) amends the 2016 JSA Regulations concerning the circumstances in which a claimant is treated as capable of work (or as not having limited capability for work) on account of a period of disease or disablement.
Regulation 10(9) amends regulation 45 of the 2016 JSA Regulations by adding a new paragraph which provides that where a claimant satisfies the requirements for a short period of sickness, but goes on to satisfy the requirements for an extended period of sickness under regulation 46 of the Regulations in respect of the same period of sickness, the short period of sickness under regulation 45 is disregarded for the purpose of calculating the maximum number of short periods of sickness which a person may have under regulation 45(3).
Regulation 10(10) amends regulation 46 of the 2016 JSA Regulations. It ensures that regulation 46 continues to apply where a claimant’s original health condition changes (the period of sickness or disablement must still be continuous, in accordance with paragraph (4) of regulation 46). It also ensures that where a period of sickness is initially expected to last for two weeks or less, but ends up lasting for more than two weeks, the claimant is required to provide the same supporting medical evidence as someone who expected to be unable to work for longer than two weeks at the outset.
Regulation 12 makes amendments to the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016 No. 226).
Regulation 12(2) provides discretion for the Department temporarily to exclude claims in any area, or in any category of case, if it considers this is necessary in order to safeguard the efficient administration of universal credit, or to ensure the effective testing of administrative systems.
Regulation 12(3) adds housing benefit in the form of a rate rebate to the list of benefits which cannot be offset against entitlement to universal credit.
Regulation 12(4) and (5) makes minor corrections.
Regulation 12(6) and (7) makes minor amendments to ensure the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016 No. 226) correctly cross-refer to the new sanction provisions.
Regulation 13 makes a minor amendment to the Jobseeker’s Allowance (Sanctions) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016 No. 241) which amended the Social Security (Credits) Regulations (Northern Ireland) 1975 (S.R. 1975 No.113).
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.