The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011

Made: 10th October 2011

Coming into operation in accordance with regulation 1

The Social Security Advisory Committee has agreed that proposals in respect of regulations 19 and 20 should not be referred to it[^f00010].

PART 1 — GENERAL

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 and, subject to paragraph (2) shall come into operation on 31st October 2011.

• (2) Regulation 6 comes in to operation on 6th April 2012.

• (3) The Interpretation Act (Northern Ireland) 1954[^f00011] shall apply to these Regulations as it applies to an Act of the Assembly.

Application

2

Regulations 9(2)(amendments of the Social Security (Incapacity for Work) (General) Regulations) and 21(5) and (6) (amendments to the Employment and Support Allowance Regulations) apply only in relation to information requested in the form of a questionnaire first issued to a person on or after 31st October 2011, in accordance with—

• (a) regulation 6(1)(b) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995[^f00012] (information required for determining capacity for work); or or

• (b) regulations 21(1)(b) (information required for determining capability for work) or 36(1)(a) (information required for determining capability for work-related activity) of the Employment and Support Allowance Regulations (Northern Ireland) 2008[^f00013].

PART 2 — AMENDMENTS TO PRIMARY LEGISLATION

Amendment of the Social Security Administration (Northern Ireland) Act

3

In section 155(5) of the Social Security Administration (Northern Ireland) Act 1992[^f00014] (reciprocal agreements with countries outside the United Kingdom ) for “or this Act” substitute “, this Act or Part 1 of the Welfare Reform Act (Northern Ireland) 2007”.

Amendment of the Data Protection Act

4

In section 56(6) of the Data Protection Act 1998[^f00015] (prohibition of requirement as to production of certain records) in paragraph 3 of the Table, for “or the Jobseekers (Northern Ireland) Order 1995” substitute “, the Jobseekers (Northern Ireland) Order 1995 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007.”.

PART 3 — AMENDMENTS TO SECONDARY LEGISLATION

Amendment of the Social Security Benefit (Dependency) Regulations

5

In Part 2 of Schedule 2 to the Social Security Benefit (Dependency) Regulations (Northern Ireland 1977[^f00016] (prescribed circumstances for increase of a carer’s allowance)—

• (a) in paragraph 6 (increase of carer’s allowance for adult dependants) for “section 49” substitute “section 90 of the Contributions and Benefits Act”; and

• (b) in paragraph 7 for “the Act” substitute “the Contributions and Benefits Act”.

Amendment of the Statutory Sick Pay (General) Regulations

6

In regulation 2(1) of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982[^f00017] (persons deemed incapable of work)—

• (a) in sub-paragraph (b)[^f00018], for “by reason of his being a carrier, or having been in contact with” substitute “by reason of it being known or reasonably suspected that he is infected or contaminated by, or has been in contact with”; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Income Support (General) Regulations

7

• (1) The Income Support (General) Regulations (Northern Ireland) 1987[^f00021] are amended in accordance with paragraphs (2) to (7).

• (2) In regulation 2(1) (interpretation)—

• (a) after the definition of “board and lodging accommodation”[^f00022] insert—

• “the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;

; and

• (b) in the definition of “qualifying person”[^f00023] after “the Skipton Fund” insert “, the Caxton Foundation”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) For regulation 42(1) (notional income), substitute—

(1) A claimant is to be treated as possessing income of which the claimant has deprived themselves for the purpose of securing entitlement to income support or increasing the amount of that benefit, or for the purpose of securing entitlement to, or increasing the amount of a jobseeker’s allowance or an employment and support allowance.

• (5) In—

• (a) regulation 42(4ZA)(a)[^f00025];

• (b) regulation 48(10)(c)[^f00026] (income treated as capital);

• (c) Schedule 3 (housing costs) paragraph 18(8)(b)[^f00027];

• (d) Schedule 9 (sums to be disregarded in the calculation of income other than earnings) paragraphs 21(2)[^f00028] and 39(1)[^f00029]; and

• (e) Schedule 10 (capital to be disregarded) paragraph 29[^f00030],

after “MFET Limited” insert “, the Skipton Fund”, the Caxton Foundation”.

• (6) In—

• (a) regulation 51(3A)(a)[^f00031] (notional capital);

• (b) Schedule 9 paragraph 39(7)[^f00032]; and

• (c) Schedule 10 paragraph 22(1)[^f00033] and (7)[^f00034],

after “the Skipton Fund” insert “, the Caxton Foundation”.

• (7) In Schedule 2, paragraph 13A(1A)[^f00035] (applicable amounts: enhanced disability premium) after “claimant” insert “or partner”.

Amendment of the Social Security (Claims and Payments) Regulations

8

In paragraph 1 of Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00036] (deductions from benefit and direct payment to third parties) for sub-paragraph (2)(b)[^f00037] substitute—

(b) contributory employment and support allowance where— (i) both income-related employment and support allowance and contributory employment and support allowance are in payment and the income-related employment and support allowance alone is insufficient for the purposes of this Schedule, or (ii) if there was no entitlement to a contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate.

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

9

• (1) The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995[^f00038] are amended in accordance with paragraphs (2) and (3).

• (2) In regulation 7(2) (failure to provide information)—

• (a) in sub-paragraph (a) for “6 weeks” substitute “4 weeks”; and

• (b) in sub-paragraph (b)—

• (i) for “4 weeks” substitute “3 weeks”; and

• (ii) for “2 weeks have” substitute “1 week has”.

• (3) In regulation 11(1)[^f00039] (person with an infectious or contagious disease)—

• (a) for “by reason of his being a carrier, or having been in contact with” substitute “by reason of it being known or reasonably suspected that he is infected or contaminated by, or has been in contact with”; and

• (b) for sub-paragraphs(b)(ii) and (iii) substitute—

(ii) regulations 8 and 9 of the Public Health (Ships) Regulations (Northern Ireland) 2008[^f00040] (examination etc., of persons on ships and powers in respect of persons leaving ships) apply; (iii) regulations 7 and 8 of the Public Health (Aircraft) Regulations (Northern Ireland) 2008[^f00041] (examination etc., of persons on aircraft and powers in respect of persons leaving aircraft) apply;

Amendment of the Jobseeker’s Allowance Regulations

10

• (1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00042] are amended in accordance with paragraphs (2) to (11).

• (2) In regulation 1(2) (citation, commencement and interpretation)—

• (a) after the definition of “board and lodging accommodation” insert—

• “the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;

; and

• (b) in the definition of “qualifying person”[^f00043] after “the Skipton Fund” insert “, the Caxton Foundation”.

• (3) In regulation 51 (remunerative work) omit paragraphs (4) and (5).

• (4) In—

• (a) regulation 61(1)(d) and (e)[^f00044] and (2)(d) (other young persons in prescribed circumstances); and

• (b) regulation 62(1), (2) and (3)[^f00045] (registration),

for “Department of Economic Development” in each place it occurs substitute “Department for Employment and Learning”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In regulation 105 (notional income) for paragraph (1) substitute—

(1) A claimant is to be treated as possessing income of which the claimant has deprived themselves for the purpose of securing entitlement to a jobseeker’s allowance or increasing the amount of that allowance, or for the purpose of securing entitlement to, or increasing the amount of income support or an employment and support allowance.

• (7) In—

• (a) regulation 105(10A)(a)[^f00047];

• (b) regulation 110(10)(c)[^f00048] (income treated as capital);

• (c) Schedule 2 (housing costs), paragraph 17(8)(b)[^f00049];

• (d) Schedule 6 (sums to be disregarded in the calculation of income other than earnings), paragraphs 22(2)[^f00050] and 41(1)[^f00051]; and

• (e) Schedule 7 (capital to be disregarded), paragraph 31[^f00052],

after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

• (8) In—

• (a) regulation 113(3A)(a)[^f00053] (notional capital);

• (b) Schedule 6, paragraph 41(7)[^f00054]; and

• (c) Schedule 7, paragraph 27(1)[^f00055],

after “the Skipton Fund” insert “, the Caxton Foundation”.

• (9) In Schedule A1[^f00056] (categories of members of a joint-claim couple who are not required to satisfy the conditions in Article 3(2B)(b) of the Order), after paragraph 6A[^f00057] (member has limited capability for work) insert—

(6B) (1) Subject to sub-paragraph (2), a person who provides— (a) a statement which complies with the rules in Part 1 of Schedule 1 to the Social Security (Medical Evidence) Regulations 1976[^f00058], (b) a self-certificate for a period of limited capability for work which lasts less than 8 days or in respect of any of the first 7 days of limited capability for work, or (c) where it would be unreasonable to require a person to provide a statement in accordance with paragraph (a), such other evidence as the Department considers to be sufficient to show that the person has limited capability for work. (2) Sub-paragraph (1) applies to a person for the period covered by evidence falling within that sub-paragraph. (3) For the purposes of this paragraph— (a) “limited capability for work” has the meaning given by section 1(4) of the Welfare Reform Act (Northern Ireland) 2007[^f00059]; and (b) “self-certificate” means a declaration made by the person in writing on a form approved for the purpose by the Department that the person has been unfit for work on a date or for a period specified in the declaration and may include a statement that the person expects to continue to be unfit for work on days subsequent to the date on which it is made.

• (10) In paragraph 15A(1A) of Schedule 1[^f00060] (applicable amounts: enhanced disability premium) after “claimant” insert “or partner”.

• (11) In Schedule 2—

• (a) in paragraph 4(4A)(b)[^f00061] (housing costs not met) for “failed to satisfy the condition specified either in Article 4(1)(c), 5(1)(a) or 5A(1)(a) of the Order” substitute “had income equal to or in excess of the prescribed amount of earnings calculated under regulation 56 or the applicable amount determined in accordance with regulations 83 to 86C, whichever applies”; and

• (b) in paragraph 13(14)(c)[^f00062] (linking rule) for “he or his partner was engaged in remunerative work or failed to satisfy the conditions specified in Article 4(1)(c) or 5(1)(a) of the Order or the joint-claim couple of which he was a member failed to satisfy the condition in Article 5A(1)(a) of the Order” substitute “ that person, their partner or, where that person is a member of a joint-claim couple, the other member of that couple, was engaged in remunerative work or had income equal to or in excess of the prescribed amount of earnings calculated under regulation 56 or the applicable amount determined in accordance with regulations 83 to 86C, whichever applies”.

Amendment of the Social Security (Recovery of Benefits) Regulations

11

In regulation 2(2) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997[^f00063] (exempted trusts and payments) after sub-paragraph (l)[^f00064] add—

(m) any payment made from the Caxton Foundation, the charitable trust of that name established on 28th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

12

In regulation 3 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[^f00065] (revision of decisions)—

• (a) after paragraph (5C) insert—

(5D) A decision by the Department under Article 9 or 11 awarding an employment and support allowance may be revised at any time if— (a) it incorporates a determination that the conditions in regulation 30 of the Employment and Support Allowance Regulations are satisfied; (b) the condition referred to in sub-paragraph (a) was not satisfied at the time when the claim was made; and (c) there is a period before the award which falls to be decided.

• (b) after paragraph (5F)[^f00066] insert—

(5G) Where— (a) a person’s entitlement to an employment and support allowance is terminated because of a decision which embodies a determination that the person does not have limited capability for work; (b) the person appeals that decision to the appeal tribunal; (c) before or after that decision is appealed by the person, that person claims and there is a decision to award– (i) income support, or (ii) jobseeker’s allowance; and (d) the decision referred to in sub-paragraph (a) is successfully appealed, the decision to award income support or jobseeker’s allowance may be revised. (5H) Where— (a) a conversion decision within the meaning of regulation 5(2)(b) of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations 2010[^f00067] (deciding whether an existing award qualifies for conversion) is made in respect of a person; (b) the person appeals that decision to the appeal tribunal; (c) before or after that decision is appealed by the person, that person claims and there is a decision to award– (i) income support, or (ii) jobseeker’s allowance; and (d) the decision referred to in sub-paragraph (a) is successfully appealed, the decision to award income support or jobseeker’s allowance may be revised.

Amendment of the Social Security (Work-focused Interviews for Lone Parents) Regulations

13

• (1) The Social Security (Work-focused Interviews for Lone Parents) Regulations (Northern Ireland) 2001[^f00068] are amended in accordance with paragraphs (2) and (3).

• (2) In regulation 2ZA(1)[^f00069] (requirement for certain lone parents to take part in an interview)—

• (a) at the end of sub-paragraph (b), omit “and”;

• (b) in sub-paragraph (c)—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) at the end of sub-paragraph (c) add—

, and (d) he has attained the age of 18.

• (3) In regulation 8 (reduction of income support)—

• (a) in paragraph (1) omit “on the date the deduction commences”; and

• (b) omit paragraph (4).

Amendment of the State Pension Credit Regulations

14

• (1) The State Pension Credit Regulations (Northern Ireland) 2003[^f00070] are amended in accordance with paragraphs (2) to (6).

• (2) In regulation 1(2) (citation, commencement and interpretation)—

• (a) after the definition of “board and lodging accommodation”[^f00071] insert—

• “the Caxton Foundation” means the charitable trust of that name established on 28th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;

; and

• (b) in the definition of “qualifying person”[^f00072] after “the Skipton Fund” insert “, the Caxton Foundation”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In regulation 24 (income paid to third parties)—

• (a) in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) or (3)”; and

• (b) after paragraph (2) insert—

(3) Paragraph (1) shall not apply in respect of any payment of income arising out of the claimant’s participation in a service user group.

• (5) In Schedule 2 (housing costs) in paragraph 14(8)(b)[^f00075] after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

• (6) In Schedule 5 (income from capital)—

• (a) in paragraph 15(1)[^f00076] and (7)[^f00077] after “the Skipton Fund” insert “, the Caxton Foundation”; and

• (b) after paragraph 23B[^f00078] insert—

(23C) Any payments made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (direct payments)[^f00079].

Amendment of the Social Security (Work-focused Interviews) Regulations

15

• (1) The Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003[^f00080] are amended in accordance with paragraphs (2) to (3).