Made | 15th September 2004 | ||
Coming into operation in accordance with regulation 1(1) |
(2) In these Regulations -
(3) The Interpretation Act (Northern Ireland) 1954[11] shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Housing Benefit Regulations
2.
- (1) Subject to paragraphs (2) and (3), the Housing Benefit Regulations shall be amended in accordance with the following paragraphs.
(2) The amendments made by paragraphs (4)(b), (9), (10), (13), (18) and (22) are to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003[12] applies.
(3) The amendment made by paragraph (8)(a) is to the Housing Benefit Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 applies, and to those Regulations as not so modified.
(4) In regulation 4 (remunerative work) -
(5) In regulation 5 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), for paragraph (8B)(c)(i)[15] there shall be substituted the following head -
(6) In regulation 16(b)[16] (applicable amounts), from ", except a child or young person" to the end of that paragraph shall be omitted.
(7) In regulation 17(c)[17] (polygamous marriages) from ", except a child or young person" to the end of that paragraph shall be omitted.
(8) In regulation 19 (calculation of income and capital of members of claimant's family and of a polygamous marriage) -
(b) paragraph (2) shall be omitted;
(c) in paragraph (3) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs -
(d) after paragraph (3) there shall be added the following paragraph -
(9) In regulation 23(4)[18] (calculation of claimant's income and capital in savings credit only cases) -
(b) in sub-paragraph (c)[19] heads (ii) and (iii) shall be omitted.
(10) In regulation 25 (meaning of "income") -
(iii) at the end of sub-paragraph (q)[20] for ", and" there shall be substituted ";";
(iv) after sub-paragraph (r) there shall be added the following sub-paragraph -
(b) after paragraph (6) there shall be added the following paragraph -
(11) In regulation 33(1)[21] (calculation of income other than earnings) from "or 36" to the end of that paragraph shall be omitted.
(12) Regulation 36 (modifications in respect of child and young person) shall be omitted.
(13) In regulation 42 (notional capital) for paragraph (2) there shall be substituted the following paragraph -
shall be regarded as not depriving himself of it.".
(14) In regulation 63 (non-dependant deductions) after paragraph (9)[22] there shall be added the following paragraph -
(15) In regulation 68 (date on which change of circumstances is to take effect) -
(16) In regulation 68B[25] (change of circumstances where state pension credit payable) -
each of which results in a change in the rate of housing benefit payable to the claimant, the change of circumstances referred to in sub-paragraph (b) shall take effect from the day specified in paragraph (2), (3), (4) or (5) as the case may be, in relation to the change referred to in sub-paragraph (a).";
(17) In paragraph 14 of Schedule 2 (applicable amounts) sub-paragraph (a)[26] and the word "and" immediately following it shall be omitted.
(18) In Schedule 2A[27] (applicable amounts for persons who have attained or whose partner has attained the qualifying age for state pension credit) in paragraph 1, column (1), sub-paragraph (1), after "Single claimant" there shall be inserted "or lone parent".
(19) In Schedule 3 (sums to be disregarded in the calculation of earnings) -
(20) In paragraph 25(2) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) for the words from "a child or young person" to "so much" there shall be substituted "a child or young person, so much".
(21) In paragraph 21[29] of Schedule 5 (capital to be disregarded) there shall be omitted -
(22) In paragraph 4(a) of Part I of Schedule 5ZA[30] (capital to be disregarded) for the words from "partner" to "claimant" there shall be substituted "person who is a relative of the claimant or of his partner".
Amendment of Social Security and Child Support (Decisions and Appeals) Regulations
3.
In regulation 7(17B)(d)(ii) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[31] (date from which a decision superseded under Article 11 takes effect) for "a non-dependant's income increases and this affects" there shall be substituted "there has been a change of circumstances in respect of a non-dependant and this reduces".
Amendment of the Income Support (General) Regulations
4.
In Schedule 3[32] to the Income Support (General) Regulations (Northern Ireland) 1987[33] (housing costs) -
(b) in paragraph 18 (non-dependant deductions) -
Amendment of the Jobseeker's Allowance Regulations
5.
In Schedule 2 to the Jobseeker's Allowance Regulations (Northern Ireland) 1996[36] (housing costs) -
(b) in paragraph 17 (non-dependant deductions) -
Amendment of the State Pension Credit Regulations
6.
- (1) The State Pension Credit Regulations (Northern Ireland) 2003[40] shall be amended in accordance with paragraphs (2) to (6).
(2) In regulation 1(2) (interpretation), after the definition of "the Eileen Trust" there shall be inserted -
(3) In regulation 15(5) (income for the purposes of the Act) after sub-paragraph (i)[41] there shall be added the following sub-paragraph -
(4) At the end of regulation 16 (retirement pension income) there shall be added the following paragraph -
(5) In Schedule 2 (housing costs) -
(b) in paragraph 14 (persons residing with the claimant) -
(6) In paragraph 4(a) of Schedule 5 (capital disregarded for the purpose of calculating income), for the words from "partner" to "claimant" there shall be substituted "person who is a close relative, grandparent, grandchild, uncle, aunt, nephew or niece of the claimant or of his partner".
Amendment of the Social Security (Claims and Payments) Regulations
7.
In regulation 4E(3) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[44] (making a claim after attaining the qualifying age: date of claim) -
Sealed with the Official Seal of the Department for Social Development on
15th September 2004.
L.S.
John O'Neill
A senior officer of the Department for Social Development
The Department of Finance and Personnel hereby consents to regulation 2.
Sealed with the Official Seal of the Department of Finance and Personnel on
15th September 2004.
L.S.
Ciaran Doran
A senior officer of the Department of Finance and Personnel
Regulation 3 amends the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999. The amendment made by this regulation mirrors that made by regulation 2(15)(b) of these Regulations.
Regulation 4 amends the Income Support Regulations. The amendments made by paragraph (a) of this regulation mirror that made by regulation 2(5) of these Regulations. Paragraph (b) amends paragraph 18 of Schedule 3 to the Income Support Regulations in consequence of the amendments made to the Housing Benefit Regulations in respect of non-dependant deductions by regulations 2(4) and (14) of these regulations.
Regulation 5 amends the Jobseeker's Allowance Regulations (Northern Ireland) 1996. The amendments made to those Regulations mirror those made to the Income Support Regulations, except in so far as the amendment made by paragraph (a) of this regulation does not extend to those detained in custody on remand pending trial or detained pending sentence upon conviction, for the purposes of jobseeker's allowance.
Regulation 6 amends the State Pension Credit Regulations (Northern Ireland) 2003. Paragraph (2) amends regulation 1(2) inserting a definition of "equity release scheme" which is defined to mean a loan by means of which a sum of money is advanced by way of payments at regular intervals to the claimant and made against the security of a dwelling in which the claimant owns an estate or interest and occupies as his home. Paragraph (3) amends regulation 15(5) adding payments made at regular intervals under an equity release scheme to the descriptions of income which are prescribed for the purposes of section 15(1)(j) of the State Pension Credit Act (Northern Ireland) 2002. Paragraph (4) amends regulation 16 by adding payments made at regular intervals under an equity release scheme to the descriptions of income listed as retirement pension income in section 16(1) of the State Pension Credit Act (Northern Ireland) 2002. Paragraph (5) amends Schedule 2 to the Regulations mirroring those made to the Income Support Regulations by regulation 4 of these Regulations. Paragraph (6) amends paragraph 4(a) of Schedule 5 to the State Pension Credit Regulations (Northern Ireland) 2003 to clarify who must occupy the premises for the capital disregard in regulation 17(8)(a) of those Regulations to apply.
Regulation 7 amends regulation 4E of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 to allow a person, who wishes to make a claim for State Pension Credit, to inform an office, as prescribed, of his intention of claiming, himself or through a person acting on his behalf.
In so far as these Regulations are required, for the purposes of regulation 2 to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, ("the 1992 Act"), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they 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 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.
These Regulations do not impose any charge on business.
[2] 1992 c. 8; section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and section 165(6) was amended by paragraph 86 of Schedule 6, and Article 78(2) and Schedule 7 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))back
[3] S.I. 1995/2705 (N.I. 15)back
[4] S.I. 1998/1506 (N.I. 10); Article 74(1) was amended by paragraph 17(2) of Schedule 4 to the Tax Credits Act 2002 (c. 21)back
[5] See Article 8(b) of and Part II of Schedule 6 to S.R. 1999 No. 481back
[8] See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of and Part II of Schedule 4 to S.R. 1999 No. 481back
[9] See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992back
[10] S.R. 1987 No. 461; relevant amending Rules are S.R. 1990 No. 297, S.R. 1992 No. 85, S.R. 1993 No. 381, S.R. 1995 No. 101, S.R. 1996 No. 334, S.R. 2000 No. 366, S.R. 2001 No. 215, S.R. 2003 Nos. 189, 197, 294 and 418 and S.R. 2004 Nos. 47 and 82back
[13] Paragraph (5) was amended by regulation 3 of S.R. 1996 No. 334 and regulation 3(2) of S.R. 2003 No. 418back
[14] Paragraph (5B) was inserted by regulation 2(3) of S.R. 2003 No. 418back
[15] Paragraph (8B) was inserted by regulation 2(2)(c) of S.R. 1995 No. 101back
[16] Regulation 16(b) was amended by regulation 5 of S.R. 1993 No. 381 and Article 19(2) of S.R. 2004 No. 82back
[17] Regulation 17(c) was amended by regulation 6 of S.R. 1993 No. 381 and Article 19(2) of S.R. 2004 No. 82back
[18] Regulations 21 to 44 were substituted by regulation 8 of S.R. 2003 No. 197 and paragraph (4)(b) was amended by regulation 2(5)(a) of S.R. 2003 No. 418back
[19] Paragraph (c) was amended by regulation 3(2)(a)(i) of S.R. 2004 No. 47back
[20] Sub-paragraphs (q) and (r) were added by regulation 2(5)(b)(iii) of S.R. 2003 No. 418back
[21] Regulation 33(1) was amended by regulation 3(4)(a) of S.R. 1990 No. 297 and regulation 10 of S.R. 1993 No. 381back
[22] Paragraph (9) was added by regulation 2(e) of S.R. 1992 No. 85back
[23] Paragraph (1) was amended by regulation 8(a)(i) of S.R. 2001 No. 215, regulation 2(2)(a)(i) of S.R. 2003 No. 189, regulation 13(2) of S.R. 2003 No. 197, regulation 11(a) of S.R. 2003 No. 294 and regulation 13(a) of S.R. 2004 No. 144back
[24] Paragraph (9) was added by regulation 13(3) of S.R. 2003 No. 197 and amended by regulation 2(9)(a)(i) of S.R. 2003 No. 418back
[25] Regulation 68B was inserted by regulation 13(4) of S.R. 2003 No. 197 and paragraph (5) was amended by regulation 2(9)(b)(iv) of S.R. 2003 No. 418back
[26] Sub-paragraph (a) was amended by regulation 12(b) of S.R. 1993 No. 381 and Article 19(2) of S.R. 2004 No. 82back
[27] Schedule 2A was inserted by regulation 6(2) of S.R. 2003 No. 197back
[28] Paragraph 14 was amended by regulation 13(e) of S.R. 1993 No. 381 and regulation 3 of and Schedule to S.R. 2000 No. 366back
[29] Paragraph 21 was amended by regulation 14(a) of S.R. 1993 No. 381back
[30] Schedule 5ZA was inserted by regulation 12(1) and Schedule 2 of S.R. 2003 No. 197back
[31] S.R. 1999 No. 162; paragraph (17B) was substituted by regulation 2(a) of S.R. 2004 No. 110back
[32] Schedule 3 was substituted by regulation 2 of and Schedule 1 to S.R. 1995 No. 301back
[33] S.R. 1987 No. 459; relevant amending Rules are S.R. 1995 No. 301, S.R. 2003 Nos. 191 and 261 and S.R. 2004 No. 82back
[34] Heads (a) to (c) were substituted by regulation 24(6)(e) of S.R. 2003 No. 191 and amended by Article 16(6)(a) of S.R. 2004 No. 82back
[35] Sub-paragraph (g) was amended by regulation 3(4) of S.R. 2003 No. 261back
[36] S.R. 1996 No. 198; relevant amending Rules are S.R. 1996 No. 358, S.R. 2003 Nos. 191 and 261 and S.R. 2004 No. 82back
[37] Sub-head (i) was substituted by regulation 29(2) of S.R. 1996 No. 358back
[38] Heads (a) to (c) were substituted by regulation 32(c) of S.R. 2003 No. 191 and amended by Article 22(7)(a) of S.R. 2004 No. 82back
[39] Head (g) was amended by regulation 5(4) of S.R. 2003 No. 261back
[40] S.R. 2003 No. 28; relevant amending Rules are S.R. 2003 Nos. 261 and 421 and S.R. 2004 No. 82back
[41] Sub-paragraph (i) was added by regulation 2(7)(b) of S.R. 2003 No. 421back
[42] Heads (a) to (c) were amended by Article 24(4) of S.R. 2004 No. 82back
[43] Head (e) was amended by regulation 7(2) of S.R. 2003 No. 261back
[44] S.R. 1987 No. 465; regulation 4E was inserted by regulation 4(3) of S.R. 2003 No. 191 and amended by regulation 2(5) of S.R. 2003 No. 317back