The Social Security (Infected Blood and Thalidomide) Regulations (Northern Ireland) 2017

Amendments to the Income Support (General) Regulations

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “adoption leave”(2) insert—

““approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;”;

(b) after the definition of “the Independent Living Fund (2006)”(3) insert—

““the Infected Blood Payment Scheme for Northern Ireland” means the scheme of that name administered by the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(4);”;

(c) in the definition of “qualifying person(5)”, after “the Caxton Foundation” insert “, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme”;

(d) after the definition of “Scottish basic rate”(6) insert—

““Scottish Infected Blood Support Scheme” means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978)(7);”.

(3) In each of the following provisions, after “the Caxton Foundation” insert “the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme”—

(a) regulation 42(4ZA)(a)(8) (notional income);

(b) regulation 48(10)(c)(9) (income treated as capital);

(c) regulation 51(3A)(a)(10) (notional capital);

(d) paragraph 18(8)(b)(11) of Schedule 3 (housing costs);

(e) paragraphs 21(2)(12) and 39(1)(13) and (7)(14) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings); and

(f) paragraphs 22(1)(15) and (7)(16) and 29(17) of Schedule 10 (capital to be disregarded).

(4) In paragraph 18 of Schedule 3 after sub-paragraph (8)(c) add—

“(d) any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

(5) In Schedule 10 after paragraph 65(18) add—

“66.   Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

(1)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 Nos. 146, 205 and 431, S.R. 1990 No. 33, S.R. 1991 No. 204, S.R. 1992 No. 201, S.R. 1993 Nos. 195 and 233, S.R. 1998 No. 326, S.R. 2004 Nos. 213 and 389, S.R. 2005 No. 550, S.R. 2007 No. 196, S.R. 2008 No. 428, S.R. 2010 No. 69, S.R. 2011 No. 357 and S.R. 2017 No. 205

(2)

The definition of “adoption leave was inserted by regulation 2(2)(a) of S.R. 2002 No. 363

(3)

The definition of “the Independent Living Fund (2006)” was inserted by regulation 2(2)(b) of S.R. 2007 No. 382

(4)

2009 c.1(N.I.)

(5)

The definition of “qualifying person” was inserted by regulation 5(2)(b) of S.R. 1992 No. 201 and amended by regulation 2(a) of S.R. 2004 No. 213, regulation 2(2)(b) of S.R. 2005 No. 550, regulation 2(3)(a) of S.R. 2010 No. 69 and regulation 7(2)(b) of S.R. 2011 No. 357 and regulation 2(2)(b) of S.R. 2017 No.205

(6)

The definition of “Scottish basic rate” was inserted by regulation 2(2) of S.R. 2016 No. 147

(7)

1978 c.29

(8)

Paragraph (4ZA) was inserted by regulation 2(2)(b) of S.R. 1998 No. 326. Sub-paragraph (a) was amended by regulation 2(3)(b) and (7)(a) of S.R. 2010 No. 69, regulation 7(5)(a) of S.R. 2011 No. 357 and regulation 2(3)(a) of S.R. 2017 No. 205

(9)

Paragraph (10) was added by regulation 10(b) of S.R. 1988 No. 431. Sub-paragraph (c) was amended by regulation 2(5)(b) of S.R. 2008 No. 428, regulation 2(3)(c) and (7)(b) of S.R. 2010 No. 69, regulation 7(5)(b) of S.R. 2011 No. 357 and regulation 2(3)(b) of S.R. 2017 No. 205

(10)

Paragraph (3A) was inserted by regulation 3(2)(b) of S.R. 1998 No. 326. Sub-paragraph (a) was amended by regulation 2(2)(b) of S.R. 2004 No. 389, regulation 2(3) of S.R. 2005 No. 550, regulation 2(5)(c) of S.R. 2008 No. 428, regulation 2(3)(d) and (7)(c) of S.R. 2010 No. 69, regulation 7(6)(a) of S.R. 2011 No. 357 and regulation 2(3)(c) of S.R. 2017 No. 205

(11)

Sub-paragraph (8)(b) was amended by regulation 2(5)(e) of S.R. 2008 No. 428, regulation 2(3)(e) and (7)(d) of S.R. 2010 No. 69, regulation 7(5)(c) of S.R. 2011 No. 357 and regulation 2(3)(d) of S.R. 2017 No. 205

(12)

Paragraph 21 was substituted by regulation 36(d) of S.R. 1988 No. 146 and sub-paragraph (2) was amended by regulation 5(d) of S.R. 1988 No. 205, regulation 4(3)(e) of S.R. 1990 No. 33, regulation 4(7)(a) of S.R. 1991 No. 204, regulation 2(5)(f) of S.R. 2008 No. 428, regulation 2(3)(f) of S.R. 2010 No. 69, regulation 7(5)(d) of S.R. 2011 No. 357 and regulation 2(3)(e) of S.R. 2017 No. 205

(13)

Paragraph 39(1) was substituted by regulation 4(7)(b) of S.R. 1991 No. 204 and amended by regulation 5(7)(b)(i) of S.R. 1992 No. 201, regulation 5(3)(f) of S.R. 1993 No. 195, regulation 5(4)(b)(i) of S.R. 1993 No. 233, regulation 2(5)(f) of S.R. 2008 No. 428, regulation 2(3)(f) and (7)(e) of S.R. 2010 No. 69, regulation 7(5)(d) of S.R. 2011 No. 357 and regulation 2(3)(e) of S.R. 2017 No. 205

(14)

Sub-paragraph (7) was added by regulation 5(7)(b)(vi) of S.R. 1992 No. 201 and amended by regulation 2(3) and (4) of S.R. 2004 No. 389, regulation 2(4) of S.R. 2005 No. 550 and regulation 2(3)(f) and (7)(e) of S.R. 2010 No. 69, regulation 7(6)(b) of S.R. 2011 No. 357 and regulation 2(3)(e) of S.R. 2017 No. 205

(15)

Paragraph 22 was substituted by regulation 4(8)(a) of S.R. 1991 No. 204. Sub-paragraph (1) was amended by regulation 5(8)(a)(i) of S.R. 1992 No. 201, regulation 5(5)(a) of S.R. 1993 No. 233, regulation 3(1), (2)(b), (3) and (4)(b) of S.R. 2004 No. 213 and regulation 2(3)(f) of S.R. 2017 No. 205

(16)

Sub-paragraph (7) was added by regulation 5(8)(a)(vi) of S.R. 1992 No. 201 and amended by regulation 3(4)(b) of S.R. 2004 No. 213, regulation 2(5)(a)(ii) of S.R. 2005 No. 550, regulation 2(3)(g) of S.R. 2010 No. 69, regulation 7(6)(c) of S.R. 2011 No. 357 and regulation 2(3)(f) of S.R. 2017 No. 205

(17)

Paragraph 29 was added by regulation 25 of S.R. 1988 No. 318 and amended by regulation 4(4) of S.R. 1990 No. 33, regulation 5(8)(b) of S.R. 1992 No. 201, regulation 5(4) of S.R. 1993 No. 195, regulation 2(7) of S.R. 2007 No. 382, regulation 2(10) of S.R. 2008 No. 428, regulation 2 of S.R. 2010 No. 69 and regulation 7(5)( f) of S.R. 2011 No. 357

(18)

Paragraph 65 was added by Article 9(4)(b) of S.R. 2017 No. 66