The Welfare Supplementary Payments Regulations (Northern Ireland) 2016

Made: 18th March 2016

Coming into operation: 31st May 2016

The Department for Social Development makes the following Regulations in exercise of the powers conferred on it by Article 137 of the Welfare Reform (Northern Ireland) Order 2015 .

In accordance with Article 137(5) of that Order, a draft of these Regulations was laid before, and approved by a resolution of, the Assembly.

PART 1 — INTRODUCTION

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Welfare Supplementary Payments Regulations (Northern Ireland) 2016 and come into operation on 31st May 2016.

• (2) In these Regulations—

• the 2025 Regulations” means the Welfare Supplementary Payment (Universal Credit) Regulations (Northern Ireland) 2025;

• ...

• “the Order” means the Welfare Reform (Northern Ireland) Order 2015;

• “the Universal Credit Regulations” means the Universal Credit Regulations (Northern Ireland) 2016;

• “welfare supplementary payment” means a payment under these Regulations.

Welfare supplementary payments

2

Welfare supplementary payments are payable in accordance with the provisions of these Regulations.

PART 2 — BENEFIT CAP

Interpretation of Part 2

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• (1) In this Part—

• “child” means a person under the age of 16;

• “couple” means—subject to paragraph (e), two people who are married to, or civil partners of, each other and are members of the same household; two people who are not married to, or civil partners of, each other but are living together as if spouses of each other; ......orin a case where a person is a member of a polygamous marriage, that person and the member of the polygamous marriage to whom that person was first married,...

• “housing association” has the same meaning as in Article 3 of the Housing (Northern Ireland) Order 1992 ;

• “housing benefit” means housing benefit under section 122 of the Contributions and Benefits Act ;

• “Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006 ;

• “landlord” has the same meaning as in regulation 92 of the Housing Benefit Regulations ;

• “welfare benefit” has the same meaning as in Article 101(7) of the 2015 Order;

• “young person” has the same meaning as in regulation 17(1) of the Housing Benefit Regulations.

• (2) For the purposes of regulation 4(3)(b), the circumstances in which a person is treated as responsible for a child or young person are the same as those set out in regulation 18 of the Housing Benefit Regulations.

• (3) In this Part the date the new benefit cap is applied to a person is the date the person’s award of housing benefit under regulation 73D of the Housing Benefit Regulations is reduced consequent upon the first amendment to the definition of the relevant amount in regulation 73G of the Housing Benefit Regulations.

Benefit cap

4

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) ...Subject to paragraph (6), a person is entitled to a welfare supplementary payment under this regulation for any period in respect of which—

• (a) the amount of housing benefit to which the person is entitled is reduced in accordance with regulation 73D of the Housing Benefit Regulations; and

• (b) the person resides with a child or young person for whom the person, or as the case may be, the person's partner is responsible.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (6) The period in respect of which welfare supplementary payments are payable under this regulation ... ends on 31st March 2028 ....

• (7) A welfare supplementary payment to which a person is entitled under this regulation must be paid—

• (a) in a case where the person’s landlord is the Northern Ireland Housing Executive, every four weeks, or as soon as is reasonably practicable after that, in arrears,

• (b) in any other case, every four weeks, at the time that housing benefit is paid to that person, in arrears.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Discretionary Financial Assistance Regulations

5

In regulation 3 of the Discretionary Financial Assistance Regulations (Northern Ireland) 2001 after paragraph (j) add the following paragraph—

(k) a reduction under regulation 73D of the Housing Benefit Regulations of the amount of housing benefit to which a person is entitled if that reduction— (i) relates to the housing benefit of a person who is entitled to a welfare supplementary payment under Part 2 of the Welfare Supplementary Payments Regulations (Northern Ireland) 2016; and (ii) is no more than the amount specified in regulation 4(4) of those Regulations.

PART 3 — CONTRIBUTORY EMPLOYMENT AND SUPPORT ALLOWANCE

Interpretation of Part 3

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• (1) In this Part—

• “Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 ;

• “contributory employment and support allowance” means an employment and support allowance entitlement to which is based on section 1(2)(a) of the WRA 2007;

• “ESA Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008 ;

• “income-related employment and support allowance” means an employment and support allowance entitlement to which is based on section 1(2)(b) of the WRA 2007;

• “new award of income-related employment and support allowance” means—in cases in which a person makes a claim for an income-related employment and support allowance within the period mentioned in regulation 7(2)(b), the award made pursuant to the original decision in respect of that claim;in all other cases, the award in existence immediately after the cessation of an award of contributory employment and support allowance as a consequence of section 1A of the WRA 2007 ;

• “previous award of contributory employment and support allowance” means the award in existence immediately prior to its cessation as a consequence of section 1A of the WRA 2007;

• “previous award of employment and support allowance” means the award in existence immediately prior to the cessation of a contributory employment and support allowance as a consequence of section 1A of the WRA 2007;

• “relevant date” in respect of a person means the date on which chapters 1 and 2 of Part 2 of the Order are commenced in respect of a group of people of which that person forms part;

• “WRA 2007” means the Welfare Reform Act (Northern Ireland) 2007 .

Entitlement to a welfare supplementary payment under this Part

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• (1) If—

• (a) a person is either—

• (i) in receipt of a contributory employment and support allowance on the date of commencement of section 1A of the WRA 2007; or

• (ii) in receipt of a contributory employment and support allowance after that date but, by virtue of regulation 145(1) of the ESA Regulations, the period of limited capability for work to which the award of that allowance relates is treated as a continuation of a period of limited capability for work which occurred before that date;

• (b) the person's entitlement to a contributory employment and support allowance ceases as a consequence of that section before the relevant date; and

• (c) the person suffers a financial disadvantage,

the person is entitled to a welfare supplementary payment under this Part for any period in respect of which the person has limited capability for work.

• (2) A person suffers a financial disadvantage for the purposes of paragraph (1) if—

• (a) the person's previous award of employment and support allowance was treated as mentioned in section 6(4) of the WRA 2007 and the amount of their new award of income-related employment and support allowance is less than the amount of their previous award of contributory employment and support allowance;

• (b) the person did not, at any time during the period of 56 days ending on the date of cessation of the person's contributory employment and support allowance as a consequence of section 1A of the WRA 2007, make a claim for an income-related employment and support allowance under Part II of the Claims and Payments Regulations;

• (c) the person made such a claim and the amount of their new award of income-related employment and support allowance is less than the amount of their previous award of contributory employment and support allowance; or

• (d) the person made such a claim and the decision under Article 9 of the Social Security (Northern Ireland) Order 1998 was a decision not to award income-related employment and support allowance.

• (3) A person has limited capability for work for the purposes of this regulation if the person—

• (a) is entitled to a limited capability for work credit; or

• (b) is entitled to an employment and support allowance ; or

• (c) is assessed as having limited capability for work for the purposes of the Universal Credit Regulations.

• (3A) Where—

• (a) person becomes entitled to universal credit at a time when welfare supplementary payments are payable in respect of a person under paragraph (1); and

• (b) the person has limited capability for work,

the person continues to be entitled to welfare supplementary payment under this Part.

• (3B) This paragraph applies to a person-

• (a) whose entitlement to welfare supplementary payments under paragraph (1) ceased before the expiration of one year from the date entitlement commenced;

• (b) who is entitled to universal credit; and

• (c) who has limited capability for work.

• (3C) A person to whom paragraph (3B) applies resumes entitlement to welfare supplementary payment under this Part on the day on which the 2025 Regulations come into operation.

• (4) In paragraph (3) “limited capability for work credit” refers to a credit under regulation 8B(1) of the Social Security (Credits) Regulations (Northern Ireland) 1975 where paragraph (2)(a)(iva) of that regulation applies and which follows the cessation of the entitlement to contributory employment and support allowance as a consequence of section 1A of the WRA 2007.

Amount of welfare supplementary payment

8

Subject to regulation 9, the amount of a welfare supplementary payment to which a person is entitled under this Part is—

• (a) in the cases mentioned in regulation 7(2)(a) and (c), an amount corresponding to the difference between the amount of the previous award of contributory employment and support allowance and the amount of the new award of income-related employment and support allowance;

• (b) in the cases mentioned in regulation 7(2)(b) and (d), an amount corresponding to the amount of the previous award of contributory employment and support allowance.

• (c) in the cases mentioned in regulation 7(3A), the amount of the welfare supplementary payment to which the person was entitled under this Part immediately before becoming entitled to universal credit,

• (d) in the cases mentioned in regulation 7(3C), the amount of the welfare supplementary payment to which the person was entitled immediately before that entitlement ceased.

Change of circumstances

9

• (1) If in a case mentioned in regulation 7(2)(b) a person makes a claim for income-related employment and support allowance at any time during the person's period of entitlement, the amount of a welfare supplementary payment to which the person is entitled under this Part is reduced to the difference between the amount of the person's previous award of contributory employment and support allowance and the amount of any award made pursuant to that claim.

• (2) If as a result of a change of circumstances a person's award of income-related employment and support allowance is increased, the amount of a welfare supplementary payment to which the person is entitled under this Part is reduced to the difference between the amount of the person's previous award of contributory employment and support allowance and the amount of the increased award.

• (3) If a person is awarded contributory employment and support allowance pursuant to section 1B of the WRA 2007 at any time during the person's period of entitlement, the person's entitlement to a welfare supplementary payment under this Part shall cease.

• (3A) If a person ceases to have limited capability for work (within the meaning of regulation 7) during the person’s period of entitlement, the person’s entitlement to a welfare supplementary payment under this Part shall cease.

• (4) In this regulation, “period of entitlement” means the period in respect of which welfare supplementary payments are payable under this Part ....

Payment of welfare supplementary payment

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• (1) A welfare supplementary payment under this Part must be paid every four weeks, or as soon as is reasonably practicable thereafter, in arrears , unless in any case or class of case in which a person is entitled to universal credit the Department arranges otherwise.

• (2) The period in respect of which welfare supplementary payments are payable to a person under this Part commences—

• (a) in a case in which the person makes a claim for income-related employment and support allowance under Part II of the Claims and Payments Regulations during the period referred to in regulation 7(2)(b)—

• (i) on the day after the date of the decision in respect of that claim; or

• (ii) on the day after the date of the cessation of the person's contributory employment and support allowance as a consequence of section 1A of the WRA 2007,

whichever is the last to occur;

• (b) in all other cases on the day after the date of cessation of the person's contributory employment and support allowance as a consequence of section 1A of the WRA 2007.

• (3) The period in respect of which welfare supplementary payments are payable to a person under this Part ends—

• (a) one year after the date of its commencement under paragraph (2) ; or

• (ab) where the person is entitled to welfare supplementary payment in accordance with paragraph (3A) or (3C) of regulation 7 but ceases to have limited capability for work for the purposes of that regulation, on the day on which the person so ceases; or

• (b) on 31st March 2028,

whichever is the first to occur.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 — MISCELLANEOUS

Review

11

• (1) The Department may establish procedures for reviewing a person's entitlement to a welfare supplementary payment under these Regulations.

• (2) The procedures established under paragraph (1) must—

• (a) provide for a review to be carried out on the application of any person; and

• (b) provide for the manner of making any such application.

• (3) Such procedures may, in particular, provide for—

• (a) the consideration of the applicant's entitlement to a welfare supplementary payment by such persons (not exceeding three) as the Department may nominate for that purpose;

• (b) the preparation of a report by the persons so nominated setting out their conclusions in relation to the applicant's entitlement to a welfare supplementary payment and their recommendation as to the manner in which the matter should be finally determined.

Disregards

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No account must be taken of entitlement to a welfare supplementary payment in considering a person's entitlement to a benefit under a statutory provision relating to social security (irrespective of the name or nature of the benefit).

Residence and presence in Northern Ireland

13

A person is not entitled to welfare supplementary payments under these Regulations unless the person—

• (a) is ordinarily resident in Northern Ireland;...

• (b) is present in Northern Ireland and,

• (c) In the case of welfare supplementary payments under Part 2, the person was resident in Northern Ireland on 6th November 2016.

Temporary absence from Northern Ireland

14

• (1) Subject to regulation 15, where a person is temporarily absent from Northern Ireland, the person is treated as present in Northern Ireland for the purpose of these Regulations for the first 4 weeks of absence.

• (2) A person is temporarily absent from Northern Ireland if, at the beginning of the period of absence, the person's absence is unlikely to exceed 52 weeks.

Temporary absence from Northern Ireland to receive medical treatment

15

• (1) Where a person is temporarily absent from Northern Ireland, the person is treated as present in Northern Ireland for the purposes of these Regulations for the first 13 weeks of that absence, where—

• (a) the person's absence is solely in connection with arrangements made for the medical treatment of the person for a disease or bodily or mental disablement which commenced before the person left Northern Ireland; and

• (b) the arrangements referred to in sub-paragraph (a) relate to medical treatment—

• (i) outside Northern Ireland,

• (ii) during the period whilst the person is temporarily absent from Northern Ireland, and

• (iii) by, or under the supervision of, a person appropriately qualified to carry out that treatment.

• (2) In this regulation “temporarily absent” has the same meaning as in regulation 14(2).

Prisoners

16

• (1) No welfare supplementary payment is payable under these Regulations for a period during which a person is undergoing imprisonment or detention in legal custody.

• (2) Paragraph (1) does not apply in respect of the first 28 days of any such period.

Signed