The Social Fund and Income-Related Benefits (Miscellaneous Amendments and Savings) Regulations (Northern Ireland) 2018

Made: 19th November 2018

Coming into operation in accordance with regulation 1

Proposals in respect of these Regulations were not referred to the Social Security Advisory Committee since it appeared to the Department for Communities that by reason of the urgency of the matter it was expedient not to do so[^f00007].

PART 1 — General

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Social Fund and Income-Related Benefits (Miscellaneous Amendments and Savings) Regulations (Northern Ireland) 2018 and shall come into operation immediately after the coming into force of the first Regulations made under section 32 of the Social Security (Scotland) Act 2018[^f00008].

• (2) In these Regulations, the “2005 Regulations” means the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005[^f00009].

• (3) The Interpretation Act (Northern Ireland) 1954[^f00010] shall apply to these Regulations as it applies to an Act of the Assembly.

PART 2 — Amendments and saving in relation to Maternity Expenses: Sure Start Maternity Grants

Amendment of the 2005 Regulations

2

• (1) The 2005 Regulations are amended as follows.

• (2) In regulation 3A[^f00011] (provision against double payment: Sure Start Maternity Grants)—

• (a) in paragraph (1)(b), after “Sure Start Maternity Grant”, insert “or a Best Start Grant”;

• (b) for paragraph (1)(c), substitute—

(c) “subsequent grant” is, in respect of C— (i) a second or subsequent Sure Start Maternity Grant; or (ii) if a Best Start Grant has been given, a first Sure Start Maternity Grant; (d) “Best Start Grant” is a grant given to a qualifying individual under Regulations made under section 32 of the Social Security (Scotland) Act 2018 in connection with having, or expecting to have, a new baby in the family.

• (c) in paragraph (2), for “second” substitute “subsequent”;

• (d) in paragraph (3), for “second” substitute “subsequent”.

• (3) In the heading of Part 2, after “expenses” insert “in Northern Ireland”.

• (4) In regulation 5[^f00012] (entitlement), after paragraph (5), add—

(6) The fifth condition is that the claimant lives in Northern Ireland.

Saving in relation to the amendment of 2005 Regulations

3

• (1) The amendments made to the 2005 Regulations in regulation 2 are of no effect in relation to a claim for Sure Start Maternity Grant made before the date on which the first Regulations made under section 32 of the Social Security (Scotland) Act 2018 come into force.

• (2) In paragraph (1), “Sure Start Maternity Grant” has the meaning given in the 2005 Regulations.

PART 3 — Amendments in relation to other benefits: disregards

Amendment of the Income Support (General) Regulations

4

• (1) The Income Support (General) Regulations (Northern Ireland) 1987[^f00013] are amended as follows.

• (2) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) after paragraph 73[^f00014] add—

(74) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

• (3) In Schedule 10 (capital to be disregarded) after paragraph 66[^f00015] add—

(67) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Amendment of the Jobseeker’s Allowance Regulations

5

• (1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00016] are amended as follows.

• (2) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 69[^f00017] add—

(70) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

• (3) In Schedule 7 (capital to be disregarded) after paragraph 59[^f00018] add—

(60) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Amendment of the State Pension Credit Regulations

6

• (1) The State Pension Credit Regulations (Northern Ireland) 2003[^f00019] are amended as follows.

• (2) In regulation 15(1) (social security benefits which are not prescribed for the purposes of section 15(1)(e) of the State Pension Credit Act (Northern Ireland) 2002), after sub-paragraph (q) insert—

(qa) early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018;

• (3) In Schedule 5 (capital disregarded for the purpose of calculating income) after paragraph 20(2)(p)[^f00020] add—

(q) early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Amendment of the Housing Benefit Regulations

7

• (1) The Housing Benefit Regulations (Northern Ireland) 2006[^f00021] are amended as follows.

• (2) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 65[^f00022] insert—

(66) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

• (3) In Schedule 7 (capital to be disregarded) after paragraph 60[^f00023] insert—

(61) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

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

8

• (1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006[^f00024] are amended as follows.

• (2) In regulation 27(1)(h) (“meaning of income”) after head (xva)[^f00025] insert—

(xvb) early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018;

• (3) In Part 1 of Schedule 7 (capital to be disregarded generally) after paragraph 21(2)(n)[^f00026] insert—

(o) early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Amendment of the Employment and Support Allowance Regulations

9

• (1) The Employment and Support Regulations (Northern Ireland) 2008[^f00027] are amended as follows.

• (2) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) after paragraph 63[^f00028] insert—

(64) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

• (3) In Schedule 9 (capital to be disregarded) after paragraph 57[^f00029] insert—

(58) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Signed

Sealed with the Official Seal of the Department for Communities on 19th November 2018

Anne McCleary — A senior officer of the Department for Communities

The Department of Finance consents to the Regulations.

Sealed with the Official Seal of the Department of Finance on 19th November 2018

Emer Morelli — A senior officer of the Department of Finance

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend social security legislation as a consequence of the Social Security (Scotland) Act 2018 (asp 9) and Regulations made under section 32 of that Act, which make provision for the payment by Scottish Ministers of early years assistance, including maternity and new-baby grants, to qualifying individuals.

Part 1 provides that these Regulations come into operation immediately after the coming into force of the first Regulations made under section 32 of the Social Security (Scotland) Act 2018.

Part 2 contains consequential amendments to the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 506) so that recipients of a maternity and new-baby grant are not also eligible to receive a Sure Start Maternity Grant. Part 2 also contains a saving provision in relation to claims for Sure Start Maternity Grant made before the date on which maternity and new-baby grants become available under the Social Security (Scotland) Act 2018.

Part 3 provides for early years assistance to be disregarded as income or capital when determining a claimant’s entitlement to benefits under the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459), the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (S.R. 1996 No. 198), the State Pension Credit Regulations (Northern Ireland) 2003 (S.R. 2003 No.28), the Housing Benefit Regulations (Northern Ireland) 2006 (S.R. 2006 No. 405), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 406), and the Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008 No. 280).

Footnotes

[^f00001]: 1992 c. 7; section 134(1)(a) was amended by Part 7 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1)) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

[^f00002]: S.I. 1995/2705 (N.I. 15)

[^f00003]: 2002 c. 14 (N.I.)

[^f00004]: See Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))

[^f00005]: 2007 c. 2 (N.I.)

[^f00006]: See section 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 and section 1(4) of the Departments Act (Northern Ireland) 2016

[^f00007]: See sections 149(2) and 150(1)(a) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

[^f00008]: 2018 asp 9

[^f00009]: S.R. 2005 No. 506

[^f00010]: 1954 c. 33 (N.I.)

[^f00011]: Regulation 3A was inserted by regulation 2(4) of S.R. 2010 No. 378

[^f00012]: Regulation 5 was substituted by regulation 2(5) of S.R. 2010 No. 378

[^f00013]: S.R. 1987 No. 459; relevant amending Regulations are S.R. 2004 No. 143 and S.R. 2017 No. 219

[^f00014]: Paragraph 73 was omitted by regulation 2(3)(d) of S.R. 2004 No. 143

[^f00015]: Paragraph 66 was inserted by regulation 2(5) of S.R. 2017 No. 219

[^f00016]: S.R. 1996 No. 198; relevant amending Regulations are S.R. 2004 No. 143 and S.R. 2017 No. 219

[^f00017]: Paragraph 69 was omitted by regulation 4(3)(c) of S.R. 2004 No. 143

[^f00018]: Paragraph 59 was added by regulation 3(5) of S.R. 2017 No. 219

[^f00019]: S.R. 2003 No. 28; relevant amending Regulations are S.R. 2016 No. 236

[^f00020]: Paragraph 20(2)(p) was inserted by regulation 31(9)(a) of S.R. 2016 No. 236

[^f00021]: S.R. 2006 No. 405

[^f00022]: Paragraph 65 was inserted by Article 23(1)(a) of S.R. 2017 No. 66

[^f00023]: Paragraph 60 was added by regulation 6(5) of S.R. 2017 No. 219

[^f00024]: S.R. 2006 No. 406

[^f00027]: S.R. 2008 No. 280

[^f00028]: Paragraph 63 was inserted by Article 25(4) of S.R. 2017 No. 66

[^f00029]: Paragraph 57 was added by regulation 8(5) of S.R. 2017 No. 219