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The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2006

Type Ni-Statutory-Rule
Publication 2006-09-07
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
Reform history JSON API PDF

Made: 7th September 2006

Coming into operation in accordance with regulation 1

The Social Security Advisory Committee has agreed that proposals in respect of regulation 6 should not be referred to it[^f00009].

Citation, commencement and interpretation

1

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations

2

In regulation 3A of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979[^f00017] (calculating periods of incapacity for work for welfare to work beneficiaries entitled to an addition to long-term incapacity benefit) for “52 weeks” substitute “104 weeks”.

Amendment of the Social Security (General Benefit) Regulations

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Social Security (Severe Disablement Allowance) Regulations

4

In regulation 3(1) of the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984[^f00019] (conditions relating to residence and presence) omit from the word “and” after sub-paragraph (a)(iii) to the end.

Amendment of the Income Support (General) Regulations

5

(19) (1) A person who is required to attend a court or tribunal as a justice of the peace, a lay magistrate, a party to any proceedings, a witness or a juror. (2) In this paragraph “tribunal” means— (a) any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992[^f00027]; or (b) any tribunal established under an enactment.

for “52 weeks” substitute “104 weeks”.

; or (c) who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002[^f00035].

(ii) the move was delayed pending the outcome of an application under Part VIII of the Contributions and Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and— (aa) a member of the claimant’s family is aged five or under, (bb) the claimant’s applicable amount includes a premium under paragraph 9, 9A, 10, 11, 13 or 14 of Schedule 2 (applicable amounts), or (cc) a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002, or

; and

(1) Subject to sub-paragraph (3) and paragraph 39, any relevant payment made or due to be made at regular intervals.

(b) a juvenile justice centre, within the meaning of Article 51(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998[^f00040], under Article 43(2) of that Order to a person who is caring for a child and with whom that child is in the charge of under paragraph 4 of Schedule 2 to that Order.

(b) made to the claimant or his partner for a person who is not normally a member of the claimant’s household but is temporarily in his care by a juvenile justice centre within the meaning of Article 51(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998.

(12A) (1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner. (2) But sub-paragraph (1)— (a) applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury; (b) does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another); (c) ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it; (d) does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant. (3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset. (4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).

; and

(43) (1) Any sum of capital to which sub-paragraph (2) applies and— (a) which is administered on behalf of a person by the High Court under the provisions of Order 80 or 109 of the Rules of the Supreme Court (Northern Ireland) 1980[^f00046] or by a County Court under Order 44 of the County Court Rules (Northern Ireland) 1981[^f00047] or Article 21 of the County Courts (Northern Ireland) Order 1980[^f00048]; (b) which can only be disposed of by order or direction of any such court; or (c) where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18. (2) This sub-paragraph applies to a sum of capital which is derived from— (a) an award of damages for a personal injury to that person; or (b) compensation for the death of one or both parents where the person concerned is under the age of 18.

Amendment of the Housing Benefit (General) Regulations

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Social Security (Attendance Allowance) Regulations

7

In regulation 2(1) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992[^f00063] (conditions as to residence and presence in Northern Ireland) omit from the word “and” after sub-paragraph (a)(iii) to the end.

Amendment of the Social Security (Disability Living Allowance) Regulations

8

In regulation 2(1) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992[^f00064] omit from the word “and” after sub-paragraph (a)(iii) to the end.

Amendment of the Social Security (Incapacity Benefit) Regulations

9

Amendment of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations

10

In regulation 9 of the Social Security (Incapacity Benefit – Increases for Dependants) Regulations (Northern Ireland) 1994[^f00069] (increase of incapacity benefit for adult dependents and persons having the care of children or qualifying young persons) after paragraph (2A) insert—

(2B) For the purposes of paragraph (1)(c) a beneficiary shall be treated as if he were entitled to child benefit in respect of a child or qualifying young person for any period throughout which— (a) child benefit has been awarded to a parent of that child or qualifying young person with whom that child or qualifying young person is living and with whom the beneficiary is residing and either— (i) the child or qualifying young person is being wholly or mainly maintained by the beneficiary, or (ii) the beneficiary is also a parent of the child or qualifying young person; or (b) would have been entitled to child benefit in respect of that child had the child been born at the end of the week immediately preceding the week in which the birth occurred. (i) the beneficiary, (ii) his spouse or civil partner with whom he is residing, or (iii) a parent (other than the beneficiary) to whom sub-paragraph (a) would refer if that parent were entitled to child benefit, (2C) Where for any period a person who is in Northern Ireland could have been entitled to an increase of incapacity benefit pursuant to paragraph (1)(c) but for the fact that in pursuance of any agreement with the government of a country outside the United Kingdom— (a) he; (b) his spouse or civil partner who is residing with him; or (c) a parent (other than the beneficiary) to whom paragraph (2B)(a) would refer if that parent were entitled to child benefit, is entitled in respect of the child or qualifying young person in question to the family benefits of that country and is not entitled to child benefit, he shall for the purposes of entitlement to the increase be treated as if he were entitled to child benefit for the period in question. (2D) For the purposes of paragraphs (2B) and (2C)— (a) “week” means a period of 7 days beginning with a Monday; and (b) a child or qualifying young person shall not be regarded as living with a person unless he can be so regarded for the purposes of section 139 of the Contributions and Benefits Act[^f00070] (meaning of “person responsible for child or qualifying young person”).

Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations

11

Amendment of the Social Security (Incapacity for Work) (General) Regulations

12

(11) (1) A person shall be treated as incapable of work on any day in respect of which he is— (a) excluded or abstains from work pursuant to a request or notice in writing lawfully made under a statutory provision; or (b) otherwise prevented from working pursuant to a statutory provision, by reason of his being a carrier, or having been in contact with a case, of an infectious disease to which— (i) section 15(1) of the Public Health Act (Northern Ireland) 1967[^f00073] (power to require person in contact with infectious disease to discontinue employment and compensation therefor) applies, (ii) regulations 8 and 9 of the Public Health (Aircraft) Regulations (Northern Ireland) 1971[^f00074] (examination, etc., of persons on aircraft and powers in respect of persons leaving aircraft) apply, or (iii) regulations 9 and 10 of the Public Health (Ships) Regulations (Northern Ireland) 1971[^f00075] (examination, etc., of persons on ships and powers in respect of certain persons on ships) apply.

(3) A person is not a welfare to work beneficiary under paragraph (1) if his immediate past period of incapacity for work was ended by a determination, other than a determination in the circumstances set out in paragraph (1) or (3A), that he was, or was treated as, capable of work.

(3A) The circumstances are that the person had successfully appealed against a determination made in respect of the personal capability assessment or the own occupation test in relation to his immediate past period of incapacity for work.

; and

Amendment of the Jobseeker’s Allowance Regulations

13

(7) In this regulation, “tribunal” means— (a) any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992; or (b) any tribunal established under an enactment.

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