Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Income-related Benefits (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 9th August 2005.

(2) The Interpretation Act (Northern Ireland) 1954(7) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support (General) Regulations

2.  In Schedule 10 to the Income Support (General) Regulations (Northern Ireland) 1987(8) (capital to be disregarded) after paragraph 22(9) there shall be inserted the following paragraph—

“22A.—(1) An amount equal to any interim assistance grant paid by the London Bombings Relief Charitable Fund for the purpose of relieving immediate need faced by the claimant arising in consequence of—

(a)an injury he suffered in the terrorist attacks carried out in London on 7th July 2005 as a result of which he stayed at least one night in hospital; or

(b)the death of a partner or close relative of his in, or as a result of, those attacks.

(2) A disregard which applies by virtue of sub-paragraph (1) shall have effect only in relation to—

(a)an award of income support during which the grant is paid; and

(b)where that award is followed by one or more further awards of income support which begins immediately after the end of the previous award, such further award, provided that the claimant in respect of that further award—

(i)is the person who received the grant, or

(ii)is the partner of that person, or was the partner of that person at the date of the latter’s death.

(3) In sub-paragraph (1), “the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005.”.

Amendment of the Housing Benefit (General) Regulations

3.—(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987(10) shall be amended in accordance with paragraphs (2) to (4).

(2) In Schedule 5 (capital to be disregarded) after paragraph 23(11) there shall be inserted the following paragraph—

“23A.—(1) An amount equal to any interim assistance grant paid by the London Bombings Relief Charitable Fund for the purpose of relieving immediate need faced by the claimant arising in consequence of—

(a)an injury he suffered in the terrorist attacks carried out in London on 7th July 2005 as a result of which he stayed at least one night in hospital; or

(b)the death of a partner or close relative of his in, or as a result of, those attacks.

(2) A disregard which applies by virtue of sub-paragraph (1) shall have effect only in relation to—

(a)an award of housing benefit during which the grant is paid; and

(b)where that award is followed by one or more further awards of housing benefit which begins immediately after the end of the previous award, such further award, provided that the claimant in respect of that further award—

(i)is the person who received the grant, or

(ii)is the partner of that person, or was the partner of that person at the date of the latter’s death.

(3) In sub-paragraph (1), “the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005.”.

(3) The amendment made by paragraph (4) is to the Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003(12) applies.

(4) In Schedule 5ZA(13) (capital to be disregarded) after paragraph 16(14) there shall be inserted the following paragraph—

“16A.—(1) An amount equal to any interim assistance grant paid by the London Bombings Relief Charitable Fund for the purpose of relieving immediate need faced by the claimant arising in consequence of—

(a)an injury he suffered in the terrorist attacks carried out in London on 7th July 2005 as a result of which he stayed at least one night in hospital; or

(b)the death of a partner or close relative of his in, or as a result of, those attacks.

(2) A disregard which applies by virtue of sub-paragraph (1) shall have effect only in relation to—

(a)an award of housing benefit during which the grant is paid; and

(b)where that award is followed by one or more further awards of housing benefit which begins immediately after the end of the previous award, such further award, provided that the claimant in respect of that further award—

(i)is the person who received the grant, or

(ii)is the partner of that person, or was the partner of that person at the date of the latter’s death.

(3) In sub-paragraph (1), “the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005.”.

Amendment of the Jobseeker’s Allowance Regulations

4.  In Schedule 7 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(15) (capital to be disregarded) after paragraph 27(16) there shall be inserted the following paragraph—

“27A.—(1) An amount equal to any interim assistance grant paid by the London Bombings Relief Charitable Fund for the purpose of relieving immediate need faced by the claimant arising in consequence of—

(a)an injury he suffered in the terrorist attacks carried out in London on 7th July 2005 as a result of which he stayed at least one night in hospital; or

(b)the death of a partner or close relative of his in, or as a result of, those attacks.

(2) A disregard which applies by virtue of sub-paragraph (1) shall have effect only in relation to—

(a)an award of a jobseeker’s allowance during which the grant is paid; and

(b)where that award is followed by one or more further awards of a jobseeker’s allowance which begins immediately after the end of the previous award, such further award, provided that the claimant in respect of that further award—

(i)is the person who received the grant;

(ii)is the partner of that person, or was the partner of that person at the date of the latter’s death, or

(iii)in the case of a joint-claim jobseeker’s allowance, is a joint-claim couple either member of which received the grant.

(3) In sub-paragraph (1), “the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005.”.

Amendment of the State Pension Credit Regulations

5.  In Schedule 5 to the State Pension Credit Regulations (Northern Ireland) 2003(17) (capital disregarded for the purpose of calculating income) after paragraph 15(18) there shall be inserted the following paragraph—

“15A.—(1) An amount equal to any interim assistance grant paid by the London Bombings Relief Charitable Fund for the purpose of relieving immediate need faced by the claimant arising in consequence of the death of a partner or close relative of his in, or as a result of, the terrorist attacks carried out in London on 7th July 2005.

(2) A disregard which applies by virtue of sub-paragraph (1) shall have effect only in relation to—

(a)an award of state pension credit during which the grant is paid; and

(b)where that award is followed by one or more further awards of state pension credit which begins immediately after the end of the previous award, such further award, provided that the claimant in respect of that further award—

(i)is the person who received the grant, or

(ii)is the partner of that person, or was the partner of that person at the date of the latter’s death.

(3) In sub-paragraph (1), “the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005.”.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 so as to make provision for an interim assistance grant paid by the London Bombings Relief Charitable Fund to a person who was injured, or was a partner or close relative of someone killed, in or as a result of the terrorist attacks carried out in London on 7th July 2005, to be disregarded when calculating that person’s capital for the purpose of an award of benefit where the grant is paid during the award. The disregard will last for the remainder of that award (or further awards if there is no break in-between).

The Regulations also amend the State Pension Credit Regulations (Northern Ireland) 2003 so as to provide for an interim assistance grant paid by that Fund to a person who was a partner or close relative of someone killed in, or as a result of, those attacks to be disregarded when calculating that person’s income from capital for the purpose of an award of state pension credit where the grant is paid during the award. The disregard will last for the remainder of that award (or further awards if there is no break in-between).

These Regulations do not impose any charge on business.