2020 No. 63
Social Security

The Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020

Made
Laid before Parliament
Coming into operation
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 123, 129, 131(1), 133(1) and (2)(h) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, Articles 2(2), 6(5) and (12), 8(4), 9(4) and 36(2) of, and paragraph 12 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 19952, sections 2(3), (4), (6) and (9), 3(8), 17(1) and (2)(a) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 20023, sections 4(2) and (3), 24(1) and 25(2) of, and paragraph 6(8) of Schedule 1 to, the Welfare Reform Act (Northern Ireland) 20074 and Articles 5, 7(2), 11(1), 13(1) and 48(2) of, and paragraph 5(1) of Schedule 1 to, the Welfare Reform (Northern Ireland) Order 20155.
Those powers are exercisable by the Secretary of State by virtue of Article 4(1) of the Welfare Reform (Northern Ireland) Order 20156.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020 and come into operation on 8th April 2020.

(2)

The Interpretation Act (Northern Ireland) 19547 shall apply to these Regulations as it applies to an Act of the Assembly.

Income Support, Jobseekers Allowance, State Pension Credit, Employment and Support Allowance and Universal Credit – definition of prisoner2.

(1)

The Regulations in paragraph (2) are to be read as if the definition of “prisoner” did not include a person on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 19538.

(2)

The regulations are—

(a)

the Income Support (General) Regulations (Northern Ireland) 19879;

(b)

the Jobseeker’s Allowance Regulations (Northern Ireland) 199610;

(c)

the State Pension Credit Regulations (Northern Ireland) 200311;

(d)

the Employment and Support Allowance Regulations (Northern Ireland) 200812; and

(e)

the Universal Credit Regulations (Northern Ireland) 201613.

Income Support, Jobseekers Allowance, State Pension Credit and Employment and Support Allowance - persons treated as being or not being members of the same household3.

The following provisions are to be read as if the words “on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953” were omitted—

(a)

regulation 16(3)(b) of the Income Support (General) Regulations (Northern Ireland) 198714;

(b)

regulation 78(3)(b)15 of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;

(c)

regulation 5(1)(c) of the State Pension Credit Regulations (Northern Ireland) 2003; and

(d)

regulation 156(4)(b) of the Employment and Support Allowance Regulations (Northern Ireland) 2008.

Jobseekers Allowance – availability for employment4.

Regulation 15(1) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 is to be read as if the words in sub-paragraph (b) were omitted.

Housing Benefit – modification of the rule on whether a person is or is not to be treated as occupying a dwelling as their home5.

For the purposes of entitlement to housing benefit, the following provisions are to be read as if the words in sub-paragraph (b) were omitted—

(a)

regulation 7(14) of the Housing Benefit Regulations (Northern Ireland) 200616; and

(b)

regulation 7(14) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 200617.

Expiry6.

(1)

The Department must keep the operation of these Regulations under review.

(2)

These Regulations cease to have effect at the end of the period of 8 months beginning on and including 13th March 2020.

Signed by the authority of the Secretary of State for Work and Pensions

Will Quince
Minister for Welfare Delivery
Department for Work and Pensions
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations make provision for individuals on temporary release from prison due to the outbreak COVID-19 in Northern Ireland to access means tested benefits during the period of that release.

Regulation 2 requires the definition of prisoner in various means tested benefits to be read so that individuals temporarily released from a prison in Northern Ireland are no longer included within that definition. This means those individuals will be entitled to make a claim, or their presence in a household claiming means tested benefits will be taken into account in calculating entitlement.

Regulation 3 enables a person temporarily released from a prison in Northern Ireland to be included as a member of a claimant’s household in a number of means tested benefits.

Regulation 4 enables a person temporarily released from a prison in Northern Ireland to be treated as available for employment in a claim for jobseekers allowance.

Regulation 5 provides entitlement to housing benefit for individuals temporarily released from a prison in Northern Ireland.

Under regulation 6 the Department must keep the operation of the Regulations under review. Regulations 2 to 5 expire on the same day as the Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations (Northern Ireland) 2020 (S.R.. 2020 No. 33) and the Social Security (Coronavirus) (Further Measures) Regulations (Northern Ireland) 2020 (S.R. 2020 No. 53).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.