The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

This Rule amends various social security Regulations to make provision for Post Office Horizon-related compensation payments, Grenfell Tower-related compensation and damages payments and Vaccine Damage Scheme payments to be disregarded indefinitely as capital and income for the purposes of calculating entitlement to benefit. Further provision is made to exempt Grenfell Tower-related payments and Post Office Horizon-related payments from the Department’s compensation recovery process.

Regulations 2 to 8 amend the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459), the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (S.R. 1996 No. 198), the State Pension Credit Regulations (Northern Ireland) 2003 (S.R. 2003 No. 28), the Housing Benefit Regulations (Northern Ireland) 2006 (S.R. 2006 No. 405), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 406), the Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008 No. 280) and the Universal Credit Regulations (Northern Ireland) 2016 (S.R. 2016 No. 216).

In particular, they amend (as appropriate) provisions regarding payments that are to be disregarded as income and capital for the purposes of calculating entitlement to benefits in order to:

• expand the existing disregard relating to the fire at Grenfell Tower on 17th June 2017 to cover any payment made to provide compensation or support in respect of the fire,

• create a new disregard in relation to payments made by the Secretary of State or the Post Office for the purpose of providing compensation or support in connection with the failings of the Post Office Horizon computer system or otherwise payable following the judgment in Bates and Others v. Post Office Limited ((No. 3) “Common Issues”) [2019] EWHC 606 (QB), and

• create a new disregard relating to payments made under the Vaccine Damage Payments Act 1979 (c.17).

Regulations 9 and 10 amend respectively the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997 (S.R. 1997 No. 429) and the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008 (S.R. 2008 No. 355) to exempt Grenfell Tower payments and Post Office payments from the compensation recovery schemes established under the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (N.I. 12).

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.