The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023

Made: 27th October 2023

Coming into operation: 28th October 2023

Regulations 2(2)(d) and (e), 6 and 7 are made with the consent of the Department of Finance[^f00008].

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 and shall come into operation on 28th October 2023.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00009] shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the habitual residence test in income-related benefit legislation

2

• (1) In the provisions specified in paragraph (2) after sub-paragraph (zzd)[^f00010] insert—

(zze) a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and— (i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971[^f00011]; (ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act[^f00012]; or (iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act[^f00013];

• (2) Those provisions are—

• (a) regulation 21AA(4) of the Income Support (General) Regulations (Northern Ireland) 1987[^f00014] (special cases: supplemental–persons from abroad);

• (b) regulation 85A(4) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00015] (special cases: supplemental–persons from abroad);

• (c) regulation 2(4) of the State Pension Credit Regulations (Northern Ireland) 2003[^f00016] (persons not in Northern Ireland);

• (d) regulation 10(5) of the Housing Benefit Regulations (Northern Ireland) 2006[^f00017] (persons from abroad);

• (e) regulation 10(5) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006[^f00018] (persons from abroad);

• (f) regulation 70(4) of the Employment and Support Allowance Regulations (Northern Ireland) 2008[^f00019] (special cases: supplemental – persons from abroad).

• (3) In regulation 9(4) of the Universal Credit Regulations (Northern Ireland) 2016[^f00020] (persons treated as not being in Northern Ireland), after sub-paragraph (zd)[^f00021] insert—

(ze) a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and— (i) has been granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, (ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or (iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

Amendment of the Income Support Regulations

3

• (1) The Income Support (General) Regulations (Northern Ireland) 1987[^f00022] are amended in accordance with paragraphs (2) and (3).

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

• (a) in the definition of “qualifying person”[^f00023] after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

• (b) after the definition of “vaccine damage payment”[^f00024] insert—

• “the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010[^f00025];

• (3) In the provisions specified in sub-paragraphs (a) to (c), after the “National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

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

• (b) regulation 51(3A)(a)[^f00027] (notional capital);

• (c) paragraphs 22(1)[^f00028] and (7)[^f00029] of Schedule 10 (capital to be disregarded).

Amendment of the Jobseeker’s Allowance Regulations

4

• (1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00030] are amended in accordance with paragraphs (2) and (3).

• (2) In regulation 1(2) (citation, commencement, interpretation and application[^f00031])—

• (a) in the definition of “qualifying person”[^f00032] after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

• (b) after the definition of “vaccine damage payment”[^f00033] insert—

• “the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;

• (3) In the provisions specified in sub-paragraphs (a) to (c), after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

• (a) regulation 110(10)(c)[^f00034] (income treated as capital);

• (b) regulation 113(3A)(a)[^f00035] (notional capital);

• (c) paragraph 27(1)[^f00036] of Schedule 7 (capital to be disregarded).

Amendment of the State Pension Credit Regulations

5

• (1) The State Pension Credit Regulations (Northern Ireland) 2003[^f00037] are amended in accordance with paragraphs (2) and (3).

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

• (a) in the definition of “qualifying person”[^f00038] after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

• (b) after the definition of “vaccine damage payment”[^f00039] insert—

• “the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;

• (3) In the provisions specified in sub-paragraphs (a) and (b), after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

• (a) paragraph 14(8)(b)[^f00040] of Schedule 2 (housing costs);

• (b) paragraph 15(1)[^f00041] and (7)[^f00042] of Schedule 5 (income from capital).

Amendment of the Housing Benefit Regulations

6

• (1) The Housing Benefit Regulations (Northern Ireland) 2006[^f00043] are amended in accordance with paragraphs (2) and (3).

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

• (a) in the definition of “qualifying person”[^f00044] after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

• (b) after the definition of “vaccine damage payment”[^f00045] insert—

• “the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;

• (3) In the provisions specified in sub-paragraphs (a) to (d), after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

• (a) regulation 43(6)[^f00046] (income treated as capital);

• (b) regulation 46(4)(a)[^f00047] (notional capital);

• (c) regulation 72(9)(b)[^f00048] (non-dependant deductions);

• (d) paragraph 25(1)[^f00049] and (7)[^f00050] of Schedule 7 (capital to be disregarded).

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

7

• (1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006[^f00051] are amended in accordance with paragraphs (2) and (3).

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

• (a) in the definition of “qualifying person”[^f00052] after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

• (b) after the definition of “vaccine damage payment”[^f00053] insert—

• “the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;

• (3) In the provisions specified in sub-paragraphs (a) and (b), after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

• (a) regulation 53(10)(b)[^f00054] (non-dependant deductions);

• (b) paragraph 16(1)(a)[^f00055] of Schedule 7 (capital to be disregarded).

Amendment of the Employment and Support Allowance Regulations

8

• (1) The Employment and Support Allowance Regulations (Northern Ireland) 2008[^f00056] are amended in accordance with paragraphs (2) and (3).

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

• (a) in the definition of “qualifying person”[^f00057] after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

• (b) after the definition of “vaccine damage payment”[^f00058] insert—

• “the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;

• (3) In the provisions specified in sub-paragraphs (a) to (c), after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

• (a) regulation 112(8)(a)[^f00059] (income treated as capital);

• (b) regulation 115(5)(a)[^f00060] (notional capital);

• (c) paragraph 27(1)[^f00061] and (7)[^f00062] of Schedule 9 (capital to be disregarded).

Amendment of the Universal Credit Regulations

9

In Regulation 76(1A)[^f00063] of the Universal Credit Regulations (Northern Ireland) 2016[^f00064] (special schemes for compensation etc.) after sub-paragraph (e)[^f00065] add—

(f) the Victims of Overseas Terrorism Compensation Scheme established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010.

Amendment of disability and carer’s benefit legislation

10

• (1) In the provisions specified in paragraph (2)—

• (a) at the end of sub-paragraph (f)[^f00066] omit “or”;

• (b) after sub-paragraph (g)[^f00067] add—

or (h) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person— (i) was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023; and (ii) left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack.

• (2) Those provisions are—

• (a) regulation 9C(1) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976[^f00068] (refugees and certain persons with leave to enter or remain in the United Kingdom[^f00069]);

• (b) regulation 2C(1) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992[^f00070] (refugees and certain persons with leave to enter or remain in the United Kingdom);

• (c) regulation 2C(1) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992[^f00071] (refugees and certain persons with leave to enter or remain in the United Kingdom).

Amendment of the Personal Independence Payment Regulations

11

In regulation 23A(1) of the Personal Independence Payment Regulations (Northern Ireland) 2016[^f00072] (refuges and certain persons with leave to enter or remain in the United Kingdom[^f00073])—

• (a) at the end of sub-paragraph (f)[^f00074] omit “or”;

• (b) after sub-paragraph (g)[^f00075] add—

or (h) leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C— (i) was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023; and (ii) left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack.

Signed

Sealed with the Official Seal of the Department for Communities on 27th October 2023

Patrick Rooney — A senior officer of the Department for Communities

The Department of Finance hereby consents to regulations 2(2)(d) and (e), 6 and 7

Sealed with the Official Seal of the Department of Finance on 27th October 2023

Barry Armstrong — A senior officer of the Department of Finance

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Regulation 1 provides for citation, commencement and interpretation.

Regulations 2 to 9 enable certain persons to access income-related benefits upon arrival in Northern Ireland from Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon provided they meet the other relevant entitlement conditions. It also provides that any payments from the Victims of Overseas Terrorism Compensation Scheme (“the Scheme”) established by the Ministry of Justice in 2012 are to be disregarded for certain social security purposes.

Those regulations amend the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, the State Pension Credit Regulations (Northern Ireland) 2003 (“the State Pension Credit Regulations”), the Housing Benefit Regulations (Northern Ireland) 2006, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006, the Employment and Support Allowance Regulations (Northern Ireland) 2008 and the Universal Credit Regulations (Northern Ireland) 2016 (“the Universal Credit Regulations”) - “the income-related benefit regulations”.

The income-related benefit regulations provide that a person is ineligible for benefit where he or she is a “person from abroad”, “a person not in Northern Ireland” (for the purposes of the State Pension Credit Regulations), or “a person treated as not being in Northern Ireland” (for the purposes of the Universal Credit Regulations); that is to say where the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, subject to a list of exemptions.

Regulation 2 inserts a new category into the list of persons who are exempted from having to satisfy the habitual residence test. Those persons are those who were residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and who—

• (a) have been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;

• (b) have a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

• (c) do not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act.

Regulations 3 to 9 amend the income-related benefit regulations to provide that payments from the Scheme established by the Ministry of Justice in 2012 are not to be taken into account in the calculation of capital.

Regulations 10 and 11 enable certain persons to access disability and carer’s benefits upon arrival in Northern Ireland where they were residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon and left in accordance with the criteria above, provided they meet the other relevant entitlement conditions.