Citation and commencement

1.  These Regulations may be cited as the Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 and shall come into operation for the purposes of –

(a)this regulation and regulations 6 to 10(1), on 21st May 2003;

(b)regulation 2 –

(i)in so far as it relates to a particular beneficiary other than a beneficiary in receipt of incapacity benefit or severe disablement allowance, on 21st May 2003 if it is his appropriate pay day or, if not, on his appropriate pay day next following 21st May 2003, and for the purposes of this sub-paragraph “appropriate pay day” shall be construed in accordance with regulation 22(3) of, and Schedule 6 to, the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(9), and

(ii)in so far as it relates to a particular beneficiary in receipt of incapacity benefit or severe disablement allowance, on 21st May 2003;

(c)regulations 3 and 10(2), in so far as they relate to a beneficiary paid in advance, on the first day of the first benefit week to commence for that beneficiary on or after 21st May 2003, but otherwise on the first day of the benefit week which includes that date, and for the purpose of this paragraph “benefit week” has the same meaning as in the Income Support (General) Regulations (Northern Ireland) 1987(10);

(d)regulation 4(1) and (3) to (5), on 26th May 2003;

(e)regulation 4(2), on 6th October 2003; and

(f)regulation 5, in so far as it relates to a beneficiary paid in advance, on the first day of the first benefit week to commence for that beneficiary on or after 21st May 2003, but otherwise on the first day of the benefit week which includes that date, and for the purpose of this paragraph “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(11).

Amendment of the Social Security (Hospital In-Patients) Regulations

2.—(1) The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975(12) shall be amended in accordance with paragraphs (2) to (9).

(2) In regulation 2(1)(13) (interpretation) the definition of “38% of the basic pension” shall be omitted.

(3) For regulation 4(14) (circumstances in which personal benefit is to be adjusted) there shall be substituted the following regulation –

“Circumstances in which personal benefit is to be adjusted

4.  Where a person –

(a)receives, or has received, free in-patient treatment continuously for a period of more than 52 weeks; and

(b)satisfies the conditions for the receipt of a personal benefit which is specified in Schedule 2 to these regulations,

for any part of the period after the 52nd week the weekly rate of that benefit shall be adjusted in accordance with regulation 6.”.

(4) In regulation 4A(1)(15) (provision for adjusting benefit for part of a week) for “regulation 5 or 6” there shall be substituted “regulation 6”.

(5) Regulation 5(16) (adjustment of personal benefit after 6 weeks in hospital) shall be omitted.

(6) In regulation 6(1) and (2)(17) (adjustment of personal benefit after 52 weeks in hospital) for “ regulation 4(d)” there shall be substituted “regulation 4”.

(7) In regulation 9(b)(18) (circumstances in which dependency benefit is to be adjusted) for “6 weeks” there shall be substituted “52 weeks”.

(8) In regulation 11(19) (adjustment of dependency benefit where dependant is husband or wife of beneficiary and is in hospital) –

(a)for paragraph (1) there shall be substituted the following paragraph –

“(1) Subject to paragraph (3), in a case to which regulation 9(d) applies, for any part of a period of continuous free in-patient treatment which the dependant receives after the 52nd week of such continuous treatment, the weekly rate of dependency benefit payable to the beneficiary shall be adjusted so that 20% of the basic pension is payable.”; and

(b)in paragraph (3) for “paragraph (1)(b)” there shall be substituted “paragraph (1)”.

(9) In regulation 17(20) (calculation of periods) –

(a)paragraphs (2), (3) and (6); and

(b)in paragraph (4) the words “(or is regarded under this regulation as having received)”,

shall be omitted.

Amendment of the Income Support (General) Regulations

3.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(21) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(1A)(a)(22) (interpretation) for “6 weeks” there shall be substituted “52 weeks”.

(3) In paragraph 13A(2)(b)(ii) and (c) of Schedule 2(23) (applicable amounts) for “six weeks” there shall be substituted “52 weeks”.

(4) In paragraph 18(7)(g) of Schedule 3(24) (housing costs) for “6 weeks”, in both places where it occurs, there shall be substituted “52 weeks”.

(5) In Schedule 7 (applicable amounts in special cases) –

(a)in paragraph 1(25) (patients) –

(i)for “six weeks” there shall be substituted “52 weeks”, and

(ii)sub-paragraph (a) shall be omitted; and

(b)in paragraph 13(26) (persons in residential accommodation) –

(i)in sub-paragraph (1) the words “Subject to sub-paragraph (2),”, and

(ii)sub-paragraph (2),

shall be omitted.

Amendment of the Housing Benefit (General) Regulations

4.—(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987(27) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 16(28) (applicable amounts), as modified in respect of any person who has attained the qualifying age for state pension credit –

(a)in paragraph (2) the words “13 weeks but not exceeding 52 weeks, or, in exceptional circumstances, is unlikely to substantially exceed” shall be omitted;

(b)in paragraph (3)(a) –

(i)for “determined in accordance with paragraph (1) shall be reduced by an amount equal to 38” there shall be substituted “shall be equal to 20”, and

(ii)for “(the standard reduction)” there shall be substituted “(“the standard reduction”)”;

(c)in paragraph (3)(b) for “20 per cent. of the weekly rate of the basic pension for the time being specified in section 44(4) of the Contributions and Benefits Act” there shall be substituted “the standard reduction”; and

(d)in paragraph (7) for “13 weeks” there shall be substituted “52 weeks”.

(3) In regulation 18(29) (patients) for “6 weeks”, in each place where it occurs, there shall be substituted “52 weeks”.

(4) In regulation 63(7)(e)(30) (non-dependant deductions) for “6 weeks”, in both places where it occurs, there shall be substituted “52 weeks”.

(5) In paragraph 13A(2) of Schedule 2(31) (applicable amounts) for “six weeks”, in both places where it occurs, there shall be substituted “52 weeks”.

Amendment of the Jobseeker’s Allowance Regulations

5.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(32) shall be amended in accordance with paragraphs (2) to (6).

(2) In regulation 1(2F)(a)(33) (interpretation) for “6 weeks” there shall be substituted “52 weeks”.

(3) In paragraphs 15A(2)(b)(ii) and (c) and 20IA(2) of Schedule 1(34) (applicable amounts) for “six weeks” there shall be substituted “52 weeks”.

(4) In paragraph 17(7)(g) of Schedule 2 (housing costs) for “6 weeks”, in both places where it occurs, there shall be substituted “52 weeks”.

(5) In Schedule 4 (applicable amounts in special cases) –

(a)in paragraph 1 (person other than claimant who is a patient) for “6 weeks” there shall be substituted “52 weeks”; and

(b)in paragraph 15 (persons in residential accommodation) –

(i)in sub-paragraph (1) the words “Subject to sub-paragraph (2),”, and

(ii)sub-paragraph (2),

shall be omitted.

(6) In paragraph 1 of Schedule 4A(35) (applicable amounts of joint-claim couples in special cases) for “6 weeks”, in both places where it occurs, there shall be substituted “52 weeks”.

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations

6.  In regulation 5(1) of the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001(36) (nil rate) –

(a)in sub-paragraph (g) –

(i)for “1(a) or (b)” there shall be substituted “1(b) or 2”, and

(ii)for “6 weeks” there shall be substituted “52 weeks”;

(b)in sub-paragraph (gg)(37) for “at least 13 but not exceeding” there shall be substituted “more than”; and

(c)in sub-paragraph (h) for “regulations 4(d)” there shall be substituted “regulations 4”.

Amendment of the State Pension Credit Regulations

7.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(38) shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph 14(7)(e) of Schedule 2 (housing costs) for “13 weeks”, in both places where it occurs, there shall be substituted “52 weeks”.

(3) In paragraph 2 of Schedule 3 (special groups) –

(a)in sub-paragraph (1) the words “13 weeks but not exceeding 52 weeks, or, in exceptional circumstances, is unlikely to substantially exceed” shall be omitted;

(b)in sub-paragraph (2)(a) –

(i)for “determined by taking the amount for the time being specified in regulation 6(1)(b) and reducing it by an amount equal to 38” there shall be substituted “equal to 20”, and

(ii)after “the Contributions and Benefits Act” there shall be added “(“the standard reduction”)”;

(c)in sub-paragraph (2)(b) for “20 per cent. of the weekly rate of the basic pension for the time being specified in section 44(4) of the Contributions and Benefits Act (“the standard reduction”)” there shall be substituted “the standard reduction”;

(d)sub-paragraph (3) shall be omitted;

(e)in sub-paragraph (4) for “sub-paragraphs (2) and (3), the basic pension” there shall be substituted “sub-paragraph (2), the standard reduction”;

(f)in sub-paragraph (5) the words “or (3)” shall be omitted; and

(g)in sub-paragraph (6) the words “13 weeks and” shall be omitted.

Amendment of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations

8.  In regulation 34 of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003(39) (persons entitled to income support immediately before the appointed day) paragraphs (15) to (19) shall be omitted.

Amendment of the Housing Benefit (State Pension Credit) Regulations

9.  Regulation 22 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003(40) shall be omitted.

Revocations

10.—(1) The regulations specified in column (1) of the Schedule are revoked to the extent mentioned in column (3).

(2) Regulation 19(k)(ii) of the Income Support (General) (Amendment) Regulations (Northern Ireland) 1990(41) is hereby revoked.

Regulation 10(1)

SCHEDULEREGULATIONS REVOKED

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975 to provide that the weekly rate of specified benefits will not be adjusted after a beneficary has received 6 weeks of free in-patient treatment but after he has received 52 weeks of such in-patient treatment. Similar amendments are made to other regulations in respect of income support, housing benefit, jobseeker’s allowance, state pension credit and child support maintenance calculations.

They also make provision for –

• the amount of dependency benefit to be adjusted after a dependant of a beneficary has received 52 weeks of free in-patient treatment;

• benefits no longer to be adjusted immediately a person enters hospital to receive free in-patient treatment after living in prescribed residential accommodation provided under Article 15 or 36 of the Health and Personal Social Services (Northern Ireland) Order 1972;

• the period which is to be regarded as a temporary absence from a residential care or nursing home where a person is a hospital in-patient;

• no deduction to be made for a non-dependant receiving free in-patient treatment when the treatment has continued for over 52 weeks in the calculation of the applicable amount for the purposes of a beneficiary’s income support or income-based jobseeker’s allowance, the maximum amount of his housing benefit or the housing costs element of state pension credit;

• child support maintenance to be payable at a nil rate after a non-resident parent in receipt of income support or state pension credit has received 52 weeks of free in-patient treatment; and

• consequential amendments and revocations.

In so far as these Regulations are required to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (“the 1992 Act”), and after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.