The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2012

Made: 14th March 2012

Coming into operation in accordance with regulation 1

The Social Security Advisory Committee has agreed that proposals in respect of regulations 6, 7 and 10 should not be referred to it[^f00010].

PART 1 — GENERAL

Citation and commencement

1

• (1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 and, subject to paragraph (2), shall come into operation on 1st April 2012.

• (2) This regulation and regulations 6, 7 and 10 shall come into operation on 2nd April 2012 in relation to any case where rent is payable at intervals of a week, or any multiple of whole weeks, and in any other case on 1st April 2012.

• (3) Regulations 18(2) and 19 shall come into operation on 1st May 2012.

Interpretation

2

• (1) In these Regulations—

• “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987[^f00011];

• “the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006[^f00012]; and

• “the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008[^f00013].

• (2) The Interpretation Act (Northern Ireland) 1954[^f00014] shall apply to these Regulations as it applies to an Act of the Assembly.

PART 2 — PATERNITY LEAVE AND PATERNITY PAY PAYMENTS

Amendments relating to paternity leave and paternity pay: income support

3

• (1) The Income Support Regulations are amended in accordance with paragraphs (2) to (4).

• (2) In regulation 2(1) (interpretation) for the definition of “paternity leave”[^f00015] substitute—

• “paternity leave” means a period of absence from work on ordinary paternity leave by virtue of Article 112A or 112B of the Employment Rights (Northern Ireland) Order 1996[^f00016] or on additional paternity leave by virtue of Article 112AA or 112BB of that Order 1996[^f00017];

• (3) In paragraph 14B of Schedule 1B[^f00018] (prescribed categories of person: paternity leave)—

• (a) in sub-paragraph (1) for “paternity leave” substitute “ordinary paternity leave by virtue of Article 112A or 112B of the Employment Rights (Northern Ireland) Order 1996”; and

• (b) in sub-paragraph (2)(a) for “statutory paternity pay” substitute “ordinary statutory paternity pay”.

• (4) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

• (a) in paragraph 4[^f00019] for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”; and

• (b) in paragraph 4A[^f00020] for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

Amendments relating to paternity leave and paternity pay: jobseeker’s allowance

4

• (1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00021] are amended in accordance with paragraphs (2) and (3).

• (2) In regulation 1(2) (interpretation) for the definition of “paternity leave”[^f00022] substitute—

• “paternity leave” means a period of absence from work on ordinary paternity leave by virtue of 112A or 112B of the Employment Rights (Northern Ireland) Order 1996 or on additional paternity leave by virtue of section Article 112AA or 112BB of that Order;

• (3) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

• (a) in paragraph 4[^f00023] for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”; and

• (b) in paragraph 5[^f00024] for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

Amendments relating to paternity leave and paternity pay: state pension credit

5

• (1) The State Pension Credit Regulations (Northern Ireland) 2003[^f00025] are amended in accordance with paragraphs (2) to (4).

• (2) In regulation 1(2) (interpretation) for the definition of “paternity leave”[^f00026] substitute—

• “paternity leave” means a period of absence from work on ordinary paternity leave by virtue of Article 112A or 112B of the Employment Rights (Northern Ireland) Order 1996 or on additional paternity leave by virtue of Article 112AA or 112BB of that Order;

• (3) In regulation 15(1) (income for the purposes of the Act) for sub-paragraph (p) substitute—

(p) ordinary statutory paternity pay payable under Part XIIZA of the Contributions and Benefits Act[^f00027]; (pa) additional statutory paternity pay payable under Part XIIZA of the Contributions and Benefits Act;

• (4) In regulation 17A(2)[^f00028] (earnings of employed earners) for sub-paragraph (i) substitute—

(i) ordinary statutory paternity pay payable under Part XIIZA of the Contributions and Benefits Act; (ia) additional statutory paternity pay payable under Part XIIZA of the Contributions and Benefits Act;

Amendments relating to paternity leave and paternity pay: housing benefit for those not of pensionable age

6

• (1) The Housing Benefit Regulations are amended in accordance with paragraphs (2) to (5).

• (2) In regulation 2(1) (interpretation) for the definition of “paternity leave” substitute—

• “paternity leave” means a period of absence from work on ordinary paternity leave by virtue of Article 112A or 112B of the Employment Rights Order or on additional paternity leave by virtue of Article 112AA or 112BB of that Order;

• (3) In regulation 25(14) (treatment of child care charges)—

• (a) in sub-paragraph (a)(iii) for “statutory paternity pay by virtue of section 167ZA or 167ZB of the Act [^f00029]” substitute “ordinary statutory paternity pay by virtue of section 167ZA or 167ZB of the Act, additional statutory paternity pay by virtue of section 167ZEA or 167ZEB of the Act[^f00030]”; and

• (b) in sub-paragraph (b)(ii) and (iii) for “statutory paternity pay” in each place substitute “ordinary or additional statutory paternity pay”.

• (4) In regulation 32(1)(i) (earnings of employed earners) for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

• (5) In regulation 33(3)(d) (calculation of net earnings of employed earners) for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

Amendments relating to paternity leave and paternity pay: housing benefit for those of pensionable age

7

• (1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006[^f00031] are amended in accordance with paragraphs (2) to (6).

• (2) In regulation 2(1) (interpretation) for the definition of “paternity leave” substitute—

• “paternity leave” means a period of absence from work on ordinary paternity leave by virtue of Article 112A or 112B of the Employment Rights Order or on additional paternity leave by virtue of Article 112AA or 112BB of that Order;

• (3) In regulation 27(1)(h) (meaning of income) for head (xiv) substitute—

(xiv) ordinary statutory paternity pay payable under Part XIIZA of the Act; (xiva) additional statutory paternity pay payable under Part XIIZA of the Act;

• (4) In regulation 29 (treatment of child care charges)—

• (a) in paragraph (14)(c) for “statutory paternity pay by virtue of 167ZA or 167ZB of the Act” substitute “ordinary statutory paternity pay by virtue of section 167ZA or 167ZB of the Act, additional statutory paternity pay by virtue of section 167ZEA or 167EB of the Act”; and

• (b) in paragraph (15)(b) and (c) for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

• (5) In regulation 33(1) (earnings of employed earners) for sub-paragraph (i) substitute—

(i) ordinary statutory paternity pay payable under Part XIIZA of the Act; (ia) additional statutory paternity pay payable under Part XIIZA of the Act;

• (6) In regulation 34(2)(d) (calculation of net earnings of employed earners) for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

Amendments relating to paternity leave and paternity pay: employment and support allowance

8

In regulation 2(1) of the Employment and Support Allowance Regulations (interpretation) after the definition of “passenger” insert—

• “paternity leave” means a period of absence from work on ordinary paternity leave by virtue of Article 112A or 112B of the Employment Rights Order or on additional paternity leave by virtue of Article 112AA or 112BB of that Order;

PART 3 — AMENDMENTS RELATING TO FULL-TIME, NON-ADVANCED EDUCATION

Amendments relating to full-time, non-advanced education: income support

9

In paragraph 15A of Schedule 1B[^f00032] to the Income Support Regulations (prescribed categories of person: persons under 21 with no parents, or living away from their parents, undertaking full-time, non-advanced education)—

• (a) for the heading, substitute—

; and

• (b) for sub-paragraphs (1) to (4) substitute—

(1) A person who satisfies the following conditions. (2) The first condition is that he has enrolled on, been accepted for or is undertaking a course of full-time, non-advanced education. (3) The second condition is that he is— (a) under the age of 21; or (b) 21 and attained that age whilst undertaking a course of full-time, non-advanced education. (4) The third condition is that— (a) he has no parent; (b) of necessity he has to live away from his parents because— (i) he is estranged from his parents, (ii) he is in physical or moral danger, or (iii) there is a serious risk to his physical or mental health; or (c) he is living away from his parents because they are unable to support him financially and are— (i) chronically sick or mentally or physically disabled, (ii) detained in custody pending trial or sentencing upon conviction or under a sentence imposed by a court, or (iii) prohibited from entering or re-entering Northern Ireland.

• (c) omit sub-paragraph (5); and

• (d) in sub-paragraph (6) for the definition of “course of full-time, non-advanced education” substitute—

• “course of full-time, non-advanced education” means a course of full-time education which is not a course of advanced education and which is not provided to the person by virtue of his employment or any office held by him, which is— provided at a school or college; or provided elsewhere but is approved by the Department as being such a course, and for this purpose, “a course of advanced education” has the same meaning as in regulation 61(1);.

Amendments relating to full-time non-advanced education: housing benefit

10

In regulation 53 of the Housing Benefit Regulations (full-time students to be treated as not liable to make payments in respect of a dwelling)—

• (a) for paragraph (2)(h)[^f00033] substitute—

(h) who is— (i) aged under 21 and whose course of study is not a course of higher education; (ii) aged 21 and attained that age during a course of study which is not a course of higher education; or (iii) a qualifying young person or child within the meaning of section 138 of the Act[^f00034] (child and qualifying young person);

; and

• (b) for paragraph (2A)[^f00035] substitute—

(2A) Paragraph (2)(h)(ii) only applies to a claimant until the end of the course during which the claimant attained the age of 21.

PART 4 — OTHER AMENDMENTS

Amendment of the Statutory Sick Pay (General) Regulations

11

In regulation 2(1)(b)[^f00036] of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982[^f00037] (persons deemed incapable of work) for sub-paragraphs (bb), (cc) and (dd) substitute—

(bb) regulations 8 and 9 of the Public Health (Ships) Regulations (Northern Ireland) 2008[^f00038] (examination etc., of persons on ships and powers in respect of persons leaving ships) apply; (cc) regulations 7 and 8 of the Public Health (Aircraft) Regulations (Northern Ireland) 2008[^f00039] (examination etc., of persons on aircraft and powers in respect of persons leaving aircraft) apply;

Amendment of the Income Support Regulations: persons in relevant education

12

In regulation 13(3)(b) of the Income Support Regulations[^f00040] (circumstances in which persons in relevant education are to be entitled to income support)—

• (a) at the end of head (iii) add “; or”

• (b) after head (iii) add

(iv) who is entitled to an employment and support allowance which includes a work-related activity component or support component.

Amendment of the Social Security (Claims and Payments) Regulations

13

• (1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00041] are amended in accordance with paragraphs (2) and (3).

• (2) In regulation 21 (direct credit transfer)—

• (a) in paragraph (1)[^f00042] for the words from the beginning to “regulation 33(1)(c),” substitute “The Department may arrange for benefit to”; and

• (b) omit paragraph (5).

• (3) In regulation 37(1)(bb)[^f00043] (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period) for “the person entitled to it and the Department have” substitute “the Department has”.

Amendment of the Social Security (Payments on Account, Overpayments and Recovery) Regulations

14

In regulation 11(2)(b)(ii) of the Social Security (Payments on Account, Overpayments and Recovery) Regulations (Northern Ireland) 1988 [^f00044] (recovery of overpayments by automated or other direct credit transfer) for “before he agreed to the arrangement” substitute “before the arrangement came into effect”.

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

15

In regulation 7(7)(b)(i)[^f00045] of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[^f00046] (date from which a decision superseded under Article 11 takes effect) after “Income Support Regulations” insert “, regulation 2 of the Jobseeker’s Allowance Regulations”.

Amendment of the Social Fund Winter Fuel Payment Regulations

16

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Amendment of the Housing Benefit (Decisions and Appeals) Regulations

17

In regulation 1(2) of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[^f00049] (interpretation) in the definition of “official error”[^f00050] for “paragraphs (a) to (c)” substitute “paragraph (a) or (b)”.

Amendment of the Employment and Support Allowance Regulations

18

• (1) The Employment and Support Allowance Regulations are amended in accordance with paragraphs (2) to (4).

• (2) In regulation 8(2)[^f00051] (relaxation of the first contribution condition)—

• (a) at the end of sub-paragraph (c) add “or”;

• (b) at the end of sub-paragraph (ca)[^f00052] omit “; or”; and

• (c) omit sub-paragraph (d).

• (3) In regulation 14 (meaning of education) after paragraph (2) add—

(2A) Paragraph (2) does not apply to any course of study which the claimant is required to attend for the purpose of meeting a requirement to undertake work-related activity.

• (4) In regulation 44[^f00053] (claimants who are treated as not entitled to any allowance at all by reason of regulation 40(1) are to be treated as not having limited capability for work) after paragraph (1) insert—

(2) Paragraph (1) does not apply where the claimant remains entitled to a contributory allowance, but is not entitled to an income-related allowance by reason of regulation 40(1).

Amendment of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland)

19

In regulation 16 of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010[^f00054] (application of other statutory provisions applying to employment and support allowance) after paragraph (1) insert—

(1A) Where— (a) a person makes a claim for an employment and support allowance subsequent to the termination of that person’s entitlement to an employment and support allowance by virtue of these Regulations; and (b) the period of limited capability for work in relation to that claim would link, by virtue of regulation 145(1) of the 2008 Regulations, to a period of limited capability for work in respect of which an award was made by virtue of these Regulations, that person’s entitlement to an award of an employment and support allowance shall be determined in accordance with these Regulations.

Revocations

20

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

SCHEDULE — Revocations