The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008

Type Ni-Statutory-Rule
Publication 2008-10-23
Last updated 2011-04-11
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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Made: 23rd October 2008

Coming into operation in accordance with regulation 1

The Social Security Advisory Committee has agreed that proposals in respect of regulations 6 and 7 should not be referred to it[^f00007].

Citation commencement and interpretation

1

Amendment of the Income Support (General) Regulations

2

(iii) in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7; and (iiia) in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52;

for “Funds” substitute “Fund (2006)”.

  • “sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations (Northern Ireland) 2008[^f00032], regulation 2(10) of the Education (Student Support) Regulations (No. 2) 2008[^f00033] or regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007[^f00034], as the case may be;

(b) if he is in receipt of an allowance paid in connection with a youth training programme provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the Employment and Training Act (Northern Ireland) 1950[^f00040].

Amendment of the Social Security (Claims and Payments) Regulations

3

In Schedule 8A of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00043] (deductions from benefit and direct payment to third parties) at the end of paragraph 9(1)(a) add “, paragraph 4 (miscellaneous accommodation costs) or paragraph 4A (hostel payments).”

Amendment of the Jobseeker’s Allowance Regulations

4

  • “sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations (Northern Ireland) 2008, regulation 2(10) of the Education (Student Support) (No. 2) Regulations 2008 or regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007 as the case may be;

; and

(iii) in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7; and (iiia) in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52;

for “Funds” substitute “Fund (2006)”.

(b) if he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the Employment and Training Act (Northern Ireland) 1950 for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;

Amendment of the State Pension Credit Regulations

5

(6) Where sub-paragraph (4) does not apply and the claimant or the claimant’s partner was able to meet the financial commitments for the dwelling occupied as the home when these were entered into, no restriction shall be made under this paragraph during the first 26 weeks immediately following the date on which— (a) the claimant became entitled to state pension credit where the claimant’s housing costs fell within one of the cases in sub-paragraph (1) on that date; or (b) a decision took effect which was made under Article 11 of the Social Security (Northern Ireland) Order 1998[^f00064] (decisions superseding earlier decisions) on the grounds that the claimant’s housing costs fell within one of the cases in sub-paragraph (1), - nor during the next 26 weeks if and so long as the claimant uses his best endeavours to obtain cheaper accommodation.

(b) if he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the Employment and Training Act (Northern Ireland) 1950 for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;

; and

Amendment of the Housing Benefit Regulations

6

for “Funds” substitute “Fund (2006)”.

(b) he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the 1950 Act for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

7

(b) he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the 1950 Act for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;

; and

for “Funds” substitute “Fund (2006)”.

Revocations

8

The provisions specified in column (1) of the Schedule are revoked to the extent specified in column (3).

SCHEDULE — Revocations

Column (1) Column (2) Column (3)
Citation Reference Extent of revocation
The Family Credit and Income Support (General) (Amendment) Regulations (Northern Ireland) 1988 S.R. 1988 No. 205 Regulation 4
The Income-Related Benefits (Amendment) Regulations (Northern Ireland) 1993 S.R.1993 No. 120 Regulation 4(2)(a)
The Social Security Benefits (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1993 S.R. 1993 No. 195 Regulation 5(2)
The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996 S.R. 1996 No. 503 Regulation 2(18)(b)(ii)
The Social Security (Students and Income-Related Benefits Amendment) Regulations (Northern Ireland) 2002 S.R. 2002 No. 222 Regulation 2(1)(c)
The Independent Living Fund (2006) Order (Northern Ireland) 2007 S.R. 2007 No. 382 Articles 2(2)(a), 4(a) 5(a), 7(2)(a) and 8(a)

Signed

Sealed with the Official Seal of the Department for Social Development on 23rd October 2008

John O’Neill — A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulation 6 and 7.

Sealed with the Official Seal of the Department of Finance and Personnel on 24th October 2008

Jack Layberry — A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend various provisions relating to social security.

Regulations 2 and 4 to 7 amend the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”), the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”), the State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”), the Housing Benefit Regulations (Northern Ireland) 2006 (“the Housing Benefit Regulations”) and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 so as to:

Regulations 2, 4 and 6 amend the Income Support Regulations, the Jobseeker’s Allowance Regulations and the Housing Benefit Regulations so as to:

Regulations 2 and 4 amend the Income Support Regulations and the Jobseeker’s Allowance Regulations to:

Regulation 2 also amends the Income Support Regulations so as to correct references to legislation in the definitions of “non-dependant deduction”, “training allowance” and “youth training programme”.

Regulation 3 amends the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 so as to add “miscellaneous housing costs” and “hostel payments” to the priority order for debts for which a deduction from benefit could be made.

Regulation 5 also amends the State Pension Credit Regulations to clarify the circumstances under which excessive housing costs could be met following a superseding decision.

Regulation 7 also amends the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 to correct provisions relating to decision notices so that instead of referring to “income support or an income-based jobseeker’s allowance” the notice will refer to “state pension credit”.

Regulation 8 makes consequential revocations.

In so far as these Regulations are required, for the purposes of regulations 6 and 7, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, 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, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.

Footnotes

[^f00001]: 1992 c. 7; section 123(1)(e) was inserted by paragraph 13(5) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and amended by Schedule 3 to the State Pension Credit Act (Northern Ireland) 2002 (c.14 (N.I.)), section 129A was inserted by section 30(2) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)), section 132A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

[^f00002]: 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)

[^f00003]: S.I. 1995/2705 (N.I. 15); Article 36(2) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999

[^f00004]: SeeArticle 8(b) of S.R. 1999 No. 481

[^f00005]: 2002 c. 14 (N.I.)

[^f00006]: Seesection 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 S.R. 1999 No. 481

[^f00007]: See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992

[^f00008]: 1954 c. 33 (N.I.)

[^f00009]: S.R. 1987 No. 459; relevant amending Rules are S.R. 1988 Nos. 146, 205, 274, 318 and 431, S.R. 1989 Nos. 326 and 365, S.R. 1990 Nos. 33, 131, 297 and 387, S.R. 1991 No. 204, S.R. 1992 No. 201, S.R. 1993 Nos. 120, 195 and 233, S.R. 1995 Nos. 301 and 434, S.R. 1996 No. 405, S.R. 1998 Nos. 81 and 326, S.R. 1999 No. 317, S.R. 2000 Nos. 74, 241 and 242, S.R. 2001 No. 278, S.R. 2002 No. 222, S.R. 2003 No. 338, S.R. 2004 Nos. 213 and 389, S.R. 2005 Nos. 536 and 550, S.R. 2007 No. 382 and S.R. 2008 No. 286

[^f00010]: The definition of “community charge benefit” was substituted by regulation 4(2)(a) of S.R. 1993 No. 120

[^f00011]: The definition of “the Independent Living Fund” was inserted by regulation 4 of 1988 No. 205

[^f00012]: The definitions of “the Independent Living Funds”, “the Independent Living (Extension) Fund” and “the Independent Living (1993) Fund” were inserted by regulation 5(2) of S.R. 1993 No. 195 and the definition of “the Independent Living Funds” was amended by Article 2(2)(a) of S.R. 2007 No. 382

[^f00013]: The definition of “training allowance” was amended by regulation 2 of S.R. 1989 No. 326 and regulation 3(2)(a) of S.R. 1990 No. 387

[^f00014]: 1945 c. 6 (N.I.)

[^f00015]: The definition of “youth training programme” was inserted by regulation 2(b) of S.R. 1988 No. 274 and amended by regulation 3(2)(b) of S.R. 1990 No. 387

[^f00025]: 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 5(7)(a) of S.R. 1992 No. 201, regulation 5(3)(f) of S.R. 1993 No. 195 and regulation 5(4)(a) of S.R. 1993 No. 233

[^f00026]: Paragraph 39 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 and regulation 5(4)(b)(i) of S.R. 1993 No. 233

[^f00027]: 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) and (2)(b) of S.R. 2004 No. 213 and regulation 2(5)(a)(i) of S.R. 2005 No. 550

[^f00028]: Regulation 61 was renumbered as regulation 61(1) by regulation 3(3) of S.R. 2000 No. 241

[^f00031]: The definition of “sandwich course” was substituted by regulation 2(2)(b) of SR 2000 No. 242 and amended by regulation 2(1)(c) and (2)(b) of S.R. 2002 No. 222

[^f00032]: S.R. 2008 No. 250

[^f00033]: S.I. 2008/1582

[^f00034]: S.S.I. 2007/154

[^f00035]: The definition of “standard maintenance grant” was substituted by regulation 5(8)(a) of S.R. 1996 No. 405, paragraph (c) was substituted by regulation 2(1)(d) of S.R. 2001 No. 278

[^f00036]: The definition of “student loan” was substituted by regulation 3(2)(b) of S.R. 1999 No. 317 and amended by regulation 2(1)(e) of S.R. 2001 No. 278

[^f00037]: S.S.I. 2007/153

[^f00038]: Regulation 66A was inserted by regulation 4(7) of S.R. 1990 No. 297 and paragraph (1) was substituted and (1A) inserted by regulation 2(4)(a) of S.R. 2000 No. 242

[^f00039]: Schedule 3 was substituted by regulation 2 of S.R. 1995 No. 301

[^f00040]: 1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order (S.I. 1988/1087 (N.I. 10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8)), section 3 was amended by Article 16 of, and Part I of Schedule 4 to, the Social Security (Northern Ireland) Order 1980 (S.I. 1980/870 (N.I. 8)) and Article 35 of, and paragraph 1 of Schedule 3 to, the Industrial Training (Northern Ireland) Order 1984 (S.I. 1984/1159 (N.I. 9))

[^f00041]: Paragraph 45 was added by regulation 20(e) of S.R. 1990 No. 131

[^f00042]: 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 and Article 2(3) of S.R. 2007 No. 382

[^f00043]: S.R. 1987 No. 465; Schedule 8A was inserted by regulation 2(3) of S.R. 1988 No. 67, paragraph 9(1) was amended by regulation 6(5) of S.R. 1989 No. 40, regulation 2(5) of S.R. 1993 No. 146, regulation 2(8)(d)(i) of S.R. 1996 No. 432, regulation 4(2)(c) of S.R. 1997 No. 165, regulation 2(g) of S.R. 2007 No. 206 and regulation 2(d) of S.R. 2007 No. 330

[^f00044]: S.R. 1996 No. 198; relevant amending Rules are S.R. 1996 No. 503, S.R. 1997 Nos. 130 and 165, S.R. 1998 Nos. 81 and 326, S.R. 1999 No. 317, S.R. 2000 Nos. 74, 242 and 350, S.R. 2001 No. 278, S.R. 2002 No. 222, S.R. 2003 No. 338, S.R. 2004 Nos. 213 and 389, S.R. 2005 No. 550, S.R. 2007 No. 382 and S.R. 2008 No. 112

[^f00045]: The definition of “the Independent Living Funds” was amended by Article 4(a) of S.R. 2007 No. 382

[^f00046]: The definition of “sandwich course” was substituted by regulation 3(2)(b) of S.R. 2000 No. 242 and amended by regulation 2(3)(a) of S.R. 2002 No. 222

[^f00047]: The definition of “training allowance” was amended by regulation 4(2)(b) of S.R. 2008 No. 112

[^f00054]: Paragraph 27(1) was amended by regulation 3(5) and (6)(b) of S.R. 2004 No. 213 and regulation 4(5)(a) of S.R. 2005 No. 550

[^f00056]: The definition of “student loan” was substituted by regulation 2(2)(b) of S.R. 1999 No. 317 and amended by regulation 2(1)(e) of S.R. 2001 No. 278

[^f00057]: S.S.I. 2007/153

[^f00062]: S.R. 2003 No. 28; relevant amending Rules are S.R. 2004 No. 213, S.R. 2005 No.550 and S.R. 2007 No. 382

[^f00063]: The definition of the “Independent Living Funds” was amended by Article 5(a) of S.R. 2007 No. 382

[^f00064]: S.I. 1998/1506 (N.I. 10)

[^f00066]: S.R. 2006 No. 405; relevant amending Rule is S.R. 2007 No. 382

[^f00067]: The definition of “the Independent Living Funds” was amended by Article 7(2)(a) of S.R. 2007 No. 382

[^f00068]: Paragraph 35 was amended by Article 7(3) of S.R. 2007 No. 382

[^f00069]: S.R. 2006 No. 406; relevant amending Rules are S.R. 2007 Nos. 266 and 382

[^f00070]: The definition of “the Independent Living Funds” was amended by Article 8(a) of S.R. 2007 No. 382

[^f00071]: Paragraph 14 was amended by regulation 4(7) of S.R. 2007 No. 266

Editorial notes

[^key-b6ee5bc1a03fb986c6da110523dc4096]: Reg. 1 in operation at 17.11.2008, see reg. 1(1)

[^key-ba442c90fcdc8f037ac3aeea6b097b90]: Reg. 2 in operation at 17.11.2008, see reg. 1(1)

[^key-f892dfcfd71063a5c0fb3c1976ba1a61]: Reg. 3 in operation at 17.11.2008, see reg. 1(1)

[^key-e3a94f50d133257a02d417eb3a48b64e]: Reg. 4 in operation at 17.11.2008, see reg. 1(1)

[^key-d558d5b897606edc18aa087ce9fff11b]: Reg. 5 in operation at 17.11.2008, see reg. 1(1)

[^key-cb495839f44f966576040a5d9c728eff]: Reg. 6 in operation at 17.11.2008, see reg. 1(1)

[^key-c981c96f4bd0d36fd9b16aa6371367c5]: Reg. 7(1)-(4) in operation at 17.11.2008, see reg. 1(1)

[^key-6eb7ebe3ec2e70e7bc98856c45e8119c]: Reg. 8 in operation at 17.11.2008, see reg. 1(1)

[^key-898000404f1b0ed200e48b8911d74403]: Sch. in operation at 17.11.2008, see reg. 1(1)

[^key-0f425ad6e5c8322d2945e3c8960b8714]: Reg. 7(5) in operation at 6.4.2009, see reg. 1(2)

[^key-719f4113637da991e88927fdae69643c]: Reg. 2(6)(a) revoked (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/92), reg. 1(1), Sch.

[^key-d9c84ccce1441befeade317ab5482318]: Reg. 6(4)(a) revoked (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/92), reg. 1(1), Sch.

[^key-3ed6183768915f7cad2c67dea7435453]: Reg. 2(5)(d) revoked (25.1.2010) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/6), reg. 1(2), Sch. Pt. 1 (with reg. 2(2)-(4))

[^key-6eab6dbd5c7412a2089b8b2d72854f84]: Reg. 4(5)(d) revoked (25.1.2010) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/6), reg. 1(2), Sch. Pt. 1 (with reg. 2(2)-(4))

[^key-86292c553da576184ed1083b2dd3fde0]: Reg. 2(3) revoked (11.4.2011) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 (S.R. 2011/135), reg. 1(1), Sch.

[^key-19e851235df8261468c20fc76704fe75]: Reg. 4(3) revoked (11.4.2011) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 (S.R. 2011/135), reg. 1(1), Sch.

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