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The Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016

Type Ni-Statutory-Rule

Publication 2016-06-29

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 29th June 2016

Coming into operation: 20th July 2016

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

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

PART 1 — Introduction

Citation and commencement

1

(1) These Regulations may be cited as the Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016.

(2) These Regulations come into operation on 20th July 2016.

Interpretation

2

(1) In these Regulations—

“the 1998 Order” means the Social Security (Northern Ireland) Order 1998 ,

“the 2025 Regulations” means the Welfare Supplementary Payment (Universal Credit) Regulations (Northern Ireland) 2025,

“the administrative period” means the period beginning on 31st March 2020 and ending on the day the Welfare Supplementary Payment (Extension) Regulations (Northern Ireland) 2022 are made,

“award” in relation to disability living allowance, means the award having effect immediately prior to its termination under regulation 17(1) of the Transitional Provisions Regulations ,

“caree” means a person being cared for on the transition date,

“carer element” has the same meaning as in regulation 30 of the Universal Credit Regulations,

“couple” has the same meaning as in Article 45 of the Welfare Reform (Northern Ireland) Order 2015,”.

“disability living allowance” means disability living allowance under section 71 of the Contributions and Benefits Act ,

“transitional assessment determination” means the determination, under regulation 4 of the Personal Independence Payment Regulations (Northern Ireland) 2016 of a claim for personal independence payment made by a transfer claimant,

“transfer claimant” has the same meaning as in the Transitional Provisions Regulations,

“the Transitional Provisions Regulations” means the Personal Independence Payment (Transitional Provisions) Regulations (Northern Ireland) 2016.

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

(2) The transition date is the date on which—

(a) the Department sends a notification to the caree, in accordance with regulation 3(1) of the Transitional Provisions Regulations, inviting the caree to make a claim for personal independence payment, or

(b) the caree makes a claim for personal independence payment in accordance with regulation 4 of the Transitional Provisions Regulations.

(3) Where the date mentioned in regulation 7(1), 11(1), 15(1) or 19(1) is in the administrative period, that provision’s requirement that welfare supplementary payment must cease to be paid from that date is to be read as a requirement that welfare supplementary payment must not be paid for times on or after that date.

(4) Where the expiry mentioned in regulation 21B(2) or 22(1) occurs in the administrative period, that provision’s requirement that welfare supplementary payment must cease to be paid at that expiry is to be read as a requirement that welfare supplementary payment must not be paid for times after that expiry.

Welfare supplementary payments

3

(1) Welfare supplementary payment is payable in accordance with these Regulations.

(2) Welfare supplementary payment is payable on transition of a caree from disability living allowance to personal independence payment under—

(a) Part 2 (as a result of loss of carer's allowance),

(b) Part 3 (as a result of loss of carer premium),

(d) Part 5 (as a result of loss of additional amount in respect of carers under state pension credit).

(3) But a person is not entitled to more than one welfare supplementary payment under these Regulations at a time.

(4) If a person satisfies the criteria for entitlement to welfare supplementary payment under both Part 2 and Part 3, then only entitlement under Part 3 is to be applied.

(5) If a person satisfies the criteria for entitlement to welfare supplementary payment under Part 2, Part 3 and Part 4, then only entitlement under Part 4 is to be applied.

(6) If a person satisfies the criteria for entitlement to welfare supplementary payment under Part 5 and any other Part, then only entitlement under Part 5 is to be applied.

PART 2 — Welfare Supplementary Payment as a result of loss of Carer's Allowance on caree's transition from Disability Living Allowance to Personal Independence Payment

Eligibility

4

(1) A person is entitled to welfare supplementary payment under this Part if the following conditions are met—

(a) the carer's allowance entitlement condition,

(b) the PIP daily living component refusal condition, and

(2) The carer's allowance entitlement condition is that a person is in receipt of carer's allowance under section 70 of the Contributions and Benefits Act , in respect of a caree, on the transition date.

(3) The PIP daily living component refusal condition is that following a transitional assessment determination the caree is not awarded the daily living component of personal independence payment.

(4) The termination of carer's allowance condition is that, in consequence of the PIP daily living component refusal condition, the decision of the Department to award carer's allowance is superseded by a decision of the Department to not award carer's allowance.

Amount

5

(A1) This regulation applies where a person is entitled to welfare supplementary payment by virtue of regulation 3.

(1) Where a person is entitled to a contributory benefit, the amount of welfare supplementary payment payable is given by the formula—

$$W S P = C A − C B$where —WSP is welfare supplementary payment,CA is the carer's allowance payable to the person on the date entitlement to the allowance is lost, andCB is the amount of contributory benefit payable to the person.$

(2) Where the contributory benefit is greater than the carer's allowance, then no welfare supplementary payment is payable.

(3) Where a person is not entitled to contributory benefit, the amount of welfare supplementary payment payable is given by the formula—

$$W S P = C A$where —WSP is welfare supplementary payment, andCA is the carer's allowance payable to the person on the date entitlement to the allowance is lost.$

(4) In this regulation contributory benefit means—

(a) contributory benefit within the meaning of Part 2 of the Contributions and Benefits Act,

(b) employment and support allowance under section 1(2)(a) of the Welfare Reform Act (Northern Ireland) 2007 , or

(c) a contribution-based jobseeker's allowance within the meaning of Article 3 of the Jobseekers (Northern Ireland) Order 1995 .

Period of payment

6

(1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) 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 during which welfare supplementary payment is payable commences on the day following the day on which the person's entitlement to carer's allowance terminates.

(3) The period during which welfare supplementary payment is payable ends—

(a) one year after the day on which it commences, or

(b) on 31st March 2028,

whichever is first to occur.

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

Termination of payment on award of carer's allowance

7

(1) Welfare supplementary payment must cease to be paid to a person from the date the person is entitled to carer's allowance.

(2) The entitlement to carer's allowance must arise out of—

(a) a new claim for carer's allowance,

(b) a revision under Article 10 of the 1998 Order,

(d) an appeal under Article 13 of the 1998 Order .

PART 3 — Welfare Supplementary Payment as a result of loss of Carer Premium on caree's transition from Disability Living Allowance to Personal Independence Payment

Eligibility

8

(1) A person is entitled to welfare supplementary payment under this Part if the following conditions are met—

(a) the carer premium entitlement condition,

(b) the PIP daily living component refusal condition,

(d) the termination of carer premium condition.

(2) The carer premium entitlement condition is that a person is in receipt of carer premium under—

(a) paragraph 17 or paragraph 20J of Schedule 1 to the Jobseekers' Allowance Regulations (Northern Ireland) 1996 ,

(b) paragraph 8 of Schedule 4 to the Employment and Support Allowance Regulations (Northern Ireland) 2008 , or

in respect of a caree, on the transition date.

(3) The PIP daily living component refusal condition is that following a transitional assessment determination the caree is not awarded the daily living component of personal independence payment.

(4) The termination of carer's allowance condition is that, in consequence of the PIP daily living component refusal condition, the decision of the Department to award carer's allowance is superseded by a decision of the Department to not award carer's allowance.

(5) The termination of carer premium condition is that, in consequence of the termination of carer's allowance condition, the decision of the Department to award carer premium is superseded by a decision of the Department to not award carer premium.

Amount

9

(A1) This regulation applies where a person is entitled to welfare supplementary payment by virtue of regulation 3.

(1) The amount of welfare supplementary payment payable is equal to the amount which was payable to the person under the award of carer premium on the date entitlement to the premium is lost.

(2) If the award of carer premium included an amount of premium in respect of more than one person, the amount of welfare supplementary payment payable is equal to the amount of carer premium lost on the date entitlement to that portion of the premium is lost.

Period of payment

10

(1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) 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 during which welfare supplementary payment is payable commences on the day following the day on which the person's entitlement to carer premium terminates.

(3) The period during which welfare supplementary payment is payable ends—

(a) one year after the day on which it commences, or

(b) on 31st March 2028,

whichever is first to occur.

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

Termination of payment on award of carer premium

11

(1) Welfare supplementary payment must cease to be paid to a person from the date the person is entitled to carer premium.

(2) The entitlement to carer premium must arise out of—

(a) a new award of carer premium,

(b) a revision under Article 10 of the 1998 Order,

(d) an appeal under Article 13 of the 1998 Order.

PART 4 — Welfare Supplementary Payment as a result of loss of Income Support on caree's transition from Disability Living Allowance to Personal Independence Payment

Eligibility

12

(1) A person is entitled to welfare supplementary payment under this Part if the following conditions are met—

(a) the income support entitlement condition,

(b) the carer condition,

(d) the termination of income support condition.

(2) The income support entitlement condition is that the person is in receipt of income support under section 122 of the Contributions and Benefits Act on the transition date.

(3) The carer condition is that entitlement to income support is due to—

(a) falling within a prescribed category of person under regulation 4ZA of the Income Support (General) Regulations (Northern Ireland) 1987 ,

(b) by virtue of satisfying paragraph 4(b) of Schedule 1B to those Regulations in respect of a caree.

(4) The PIP daily living component refusal condition is that following a transitional assessment determination the caree is not awarded the daily living component of personal independence payment.

(5) The termination of income support condition is that in consequence of the PIP daily living component refusal condition, the decision of the Department to award income support is superseded by a decision of the Department to not award income support.

Amount

13

(1) This regulation applies where a person is entitled to welfare supplementary payment by virtue of regulation 3.

(2) The amount of welfare supplementary payment payable is equal to the weekly rate of carer's allowance specified in paragraph 4 of Part 3 of Schedule 4 to the Contributions and Benefits Act on the date entitlement to income support is lost.

Period of payment

14

(1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) 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 during which welfare supplementary payment is payable commences on the day following the day on which the person's entitlement to income support terminates.

(3) The period during which welfare supplementary payment is payable ends—

(a) one year after the day on which it commences, or

(b) on 31st March 2028,

whichever is first to occur.

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

Termination of payment on award of income support

15

(1) Welfare supplementary payment must cease to be paid to a person from the date the person is entitled to income support on the basis that the person's entitlement to income support is due to falling within a prescribed category of person under regulation 4ZA of the Income Support (General) Regulations (Northern Ireland) 1987.

(2) The entitlement to income support must arise out of—

(a) a new claim for income support,

(b) a revision under Article 10 of the 1998 Order,

(d) an appeal under Article 13 of the 1998 Order.

PART 5 — Welfare Supplementary Payment following loss of the Additional Amount (Carer) of State Pension Credit on caree's transition from Disability Living Allowance to Personal Independence Payment

Eligibility

16

(1) A person is entitled to welfare supplementary payment under this Part if the following conditions are met—

(a) the additional amount (carer) entitlement condition,

(b) the PIP daily living component refusal condition, and

(2) The additional amount (carer) entitlement condition is that a person is in receipt of additional amount (carer) in respect of a caree, on the transition date.

(3) In this Part, additional amount (carer) means the additional amount (in respect of the appropriate minimum guarantee) prescribed under regulation 6(6)(a) of the State Pension Credit Regulations (Northern Ireland) 2003 , and appropriate minimum guarantee has the same meaning as in section 2(3) of the State Pension Credit Act (Northern Ireland) 2002 .

(4) The PIP daily living component refusal condition is that following a transitional assessment determination the caree is not awarded the daily living component of personal independence payment.

(5) The termination of additional amount (carer) condition is that in consequence of the PIP daily living component refusal condition, the decision of the Department to award additional amount (carer) is superseded by a decision of the Department to not award additional amount (carer).

Amount

17

(A1) This regulation applies where a person is entitled to welfare supplementary payment by virtue of regulation 3.

(1) The amount of welfare supplementary payment payable is equal to the amount which was payable to the person under the award of additional amount (carer) on the date entitlement to additional amount (carer) is lost.

(2) If the award of additional amount (carer) included an amount in respect of more than one person, the amount of welfare supplementary payment payable is equal to the amount of additional amount (carer) lost on the date entitlement to that portion of the additional amount (carer) is lost.

Period of payment

18

(1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) in arrears.

(2) The period during which welfare supplementary payment is payable commences on the day following the day on which the person's entitlement to additional amount (carer) terminates.

(3) The period during which welfare supplementary payment is payable ends—

(a) one year after the day on which it commences, or

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