2003 No. 417

HOUSING; RATES; SOCIAL SECURITY

The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2003

Made22nd September 2003

Coming into operation in accordance with regulation 1(1)

The Department for Social Development, in exercise of the powers conferred on it by sections 122(1)(a) and (d), 129(2) and (4), 131(1), 132(3) and (4)(b) and 171(1), (3) to (6) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921 and Articles 6(5), 14(1), (2) and (4)(b) and 36(2) of the Jobseekers (Northern Ireland) Order 19952, and now vested in it3, and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel4, in so far as regulations 3 and 5 are concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of those regulations should not be referred to it5, hereby makes the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2003 and shall come into operation –

a

for the purposes of this regulation and regulations 2 to 4, on 1st October 2003;

b

for the purposes of regulation 5, on 6th October 2003.

2

The Interpretation Act (Northern Ireland) 19546 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support (General) Regulations2

1

The Income Support (General) Regulations (Northern Ireland) 19877 shall be amended in accordance with paragraphs (2) to (5).

2

In regulation 2(1) (interpretation), after the definition of “employment”8 there shall be inserted the following definition –

“ERA payment” means a payment made in respect of participation in the Employment Retention and Advancement Scheme for the provision of assistance to individuals to improve their job retention or career advancement (or both) under section 2 of the Employment and Training Act 19739;

3

In paragraph 14ZA10 (carer premium) of Schedule 2 (applicable amounts) –

a

sub-paragraph (2) shall be omitted;

b

in sub-paragraph (3)(b)11 “or ceases to be treated as entitled” shall be omitted;

c

in sub-paragraph (3A)12 –

i

in head (a) before “the Sunday” there shall be inserted “where sub-paragraph (3)(a) applies,”;

ii

head (b) shall be omitted;

d

in sub-paragraph (4)13 –

i

head (b) shall be omitted;

ii

for head (c) there shall be substituted the following head –

c
in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.

4

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) –

a

in paragraph 25 –

i

in sub-paragraph (1)(b)14 after “(permitted allowances)” there shall be inserted “or paragraph 3 of Schedule 4 to the Adoption and Children Act 200215”;

ii

after sub-paragraph (1) there shall be inserted the following sub-paragraph –

1A
Any payment, other than a payment to which sub-paragraph (1)(b) applies, made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.

b

for paragraph 7216 there shall be substituted the following paragraph –

72
Any payment made by the Northern Ireland Housing Executive to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

c

after paragraph 72 there shall be inserted the following paragraph –

73
Any ERA payment.

5

In Schedule 10 (capital to be disregarded) –

a

for paragraph 6217 there shall be substituted the following paragraph –

62
Any payment made by the Northern Ireland Housing Executive to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

b

after paragraph 62 there shall be added the following paragraphs –

63
Any payment made under Article 15A of the Health and Personal Social Services (Northern Ireland) Order 197218.
64
Any payment made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.
65
Any ERA payment but only for a period of 52 weeks from the date of receipt of that payment.

Amendment of the Housing Benefit (General) Regulations

3

1

The Housing Benefit (General) Regulations (Northern Ireland) 198719 shall be amended in accordance with paragraphs (2) to (6).

2

In regulation 2(1) (interpretation) after the definition of “employed earner” there shall be inserted the following definition –

“ERA payment” means a payment made in respect of participation in the Employment Retention and Advancement Scheme for the provision of assistance to individuals to improve their job retention or career advancement (or both) under section 2 of the Employment and Training Act 1973;

3

In Schedule 1 (ineligible service charges) –

a

in paragraph 1(a)(iv)20, for “where a qualifying payment is not made in respect of such cleaning,” there shall be substituted –

where a payment is not made in respect of such cleaning by the Executive to the claimant or his partner, or to another person on their behalf,

b

in paragraph 7, the definition of “qualifying payment”21 shall be omitted.

4

In paragraph 14ZA22 (carer premium) of Schedule 2 (applicable amounts) –

a

sub-paragraph (2) shall be omitted;

b

in sub-paragraph (3)(b)23 “or ceases to be treated as entitled” shall be omitted;

c

in sub-paragraph (3A)24 –

i

in head (a) before “the Sunday” there shall be inserted “where sub-paragraph (3)(a) applies,”;

ii

head (b) shall be omitted;

d

in sub-paragraph (4)25 –

i

head (b) shall be omitted;

ii

for head (c) there shall be substituted the following head –

c
in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.

5

In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) –

a

in paragraph 25 –

i

in sub-paragraph (1)(b)26 after “(permitted allowances)” there shall be inserted “or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002”;

ii

after sub-paragraph (1) there shall be inserted the following sub-paragraph –

1A
Any payment, other than a payment to which sub-paragraph (1)(b) applies, made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.

b

for paragraph 7427 there shall be substituted the following paragraph –

74
Any payment made by the Executive to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

c

after paragraph 74 there shall be inserted the following paragraph –

75
Any ERA payment.

6

In Schedule 5 (capital to be disregarded) –

a

paragraph 4428 shall be omitted;

b

for paragraph 6429 there shall be substituted the following paragraph –

64

Any payment made by the Executive to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.”;

c

after paragraph 64 there shall be added the following paragraphs –

65
Any payment made under Article 15A of the Health and Personal Social Services (Northern Ireland) Order 1972.
66
Any payment made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.
67
Any ERA payment but only for a period of 52 weeks from the date of receipt of that payment.

Amendment of the Jobseeker’s Allowance Regulations4

1

The Jobseeker’s Allowance Regulations (Northern Ireland) 199630 shall be amended in accordance with paragraphs (2) to (5).

2

In regulation 1(2) (interpretation), after the definition of “employment-related course” there shall be inserted the following definition –

“ERA payment” means a payment made in respect of participation in the Employment Retention and Advancement Scheme for the provision of assistance to individuals to improve their job retention or career advancement (or both) under section 2 of the Employment and Training Act 1973;

3

In Schedule 1 (applicable amounts) –

a

in paragraph 17 (carer premium) –

i

sub-paragraph (2) shall be omitted;

ii

in sub-paragraph (3)(b)31 “or ceases to be treated as entitled” shall be omitted;

iii

in sub-paragraph (3A)32 –

aa

in head (a) before “the Sunday” there shall be inserted “where sub-paragraph (3)(a) applies,”;

bb

head (b) shall be omitted;

iv

in sub-paragraph (4)33 –

aa

head (b) shall be omitted;

bb

for head (c) there shall be substituted the following head –

c
in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.

b

in paragraph 20J34 –

i

in sub-paragraph (1)35 “and in receipt of” shall be omitted;

ii

sub-paragraph (2) shall be omitted;

iii

in sub-paragraph (3)(b)36 “or ceases to be treated as entitled” shall be omitted;

iv

in sub-paragraph (3A)37 –

aa

in head (a) before “the Sunday” there shall be inserted “where sub-paragraph (3)(a) applies,”;

bb

head (b) shall be omitted;

v

in sub-paragraph (4)38 –

aa

head (b) shall be omitted;

bb

for head (c) there shall be substituted the following head –

c
in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.

4

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) –

a

in paragraph 26 –

i

in sub-paragraph (1)(b)39 after “(permitted allowances)” there shall be inserted “or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002”;

ii

after sub-paragraph (1) there shall be inserted the following sub-paragraph –

1A
Any payment, other than a payment to which sub-paragraph (1)(b) applies, made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.

b

for paragraph 6840 there shall be substituted the following paragraph –

68
Any payment made by the Northern Ireland Housing Executive to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

c

after paragraph 68 there shall be inserted the following paragraph –

69
Any ERA payment.

5

In Schedule 7 (capital to be disregarded) –

a

for paragraph 5541 there shall be substituted the following paragraph –

55
Any payment made by the Northern Ireland Housing Executive to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

b

after paragraph 55 there shall be added the following paragraphs –

56
Any payment made under Article 15A of the Health and Personal Social Services (Northern Ireland) Order 1972.
57
Any payment made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.
58
Any ERA payment but only for a period of 52 weeks from the date of receipt of that payment.

Amendment of the Housing Benefit (State Pension Credit) Regulations5

In Schedule 2 to the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 200342 for paragraph 21(1)(d) of the Third Schedule (capital to be disregarded) there shall be substituted the following head –

d
by the Executive to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation;

Sealed with the Official Seal of the Department for Social Development on 22nd September 2003.

John O'NeillSenior Officer of theDepartment for Social Development

The Department of Finance and Personnel hereby consents to regulations 3 and 5 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 23rd September 2003.

Jack LayberrySenior Officer of theDepartment of Finance and Personnel

(This note is not part of the Regulations.)

These Regulations further 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 (“the principal sets of Regulations”) and the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003.

Regulations 2(2), 3(2) and 4(2) amend the principal sets of Regulations by inserting a definition of “ERA payment” in the interpretation provisions of each of the principal sets of Regulations. Regulations 2(4)(c), 2(5)(b), 3(5)(c), 3(6)(c), 4(4)(c) and (5)(b) make provision in each of the principal sets of Regulations for ERA payments made under the Employment Retention and Advancement Scheme to be disregarded both in calculation of income other than earnings and as capital. In Great Britain, the Employment Retention and Advancement Scheme is an arrangement made by the Secretary of State under section 2 of the Employment and Training Act 1973 that provides assistance to individuals to improve their job retention or career advancement (or both).

Regulations 2(3), 3(4) and 4(3) amend the principal sets of Regulations in relation to the awards of carer premium. They revoke sub-paragraph (2) because all those who are entitled now fall within sub-paragraph (1) and make associated changes.

Regulations 2(4)(a), 2(5)(b), 3(5)(a), 3(6)(c), 4(4)(a) and 4(5)(b) amend the principal sets of Regulations to provide for income and capital disregards of payments made under the Adoption and Children Act 2002.

Regulations 2(4)(b), 2(5)(a), 3(5)(b), 3(6)(b), 4(4)(b), 4(5)(a) and 5 amend the principal sets of Regulations and the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 to clarify the extent of income and capital disregards in relation to the scheme known as “supporting people”.

Regulations 2(5)(b), 3(6)(c) and 4(5)(b) add to the capital disregards in the principal sets of Regulations payments made to a claimant in respect of community care services.

Regulation 3(3) amends references to the scheme known as “supporting people” in relation to the circumstances in which the costs of cleaning exterior windows and communal areas of a claimant’s accommodation can be met by housing benefit under the Housing Benefit (General) Regulations (Northern Ireland) 1987.

Regulation 3(6)(a) amends the Housing Benefit (General) Regulations (Northern Ireland) 1987 to remove the capital disregard for arrears of council tax benefit.

In so far as these Regulations are required, for the purposes of regulations 3 and 5, 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”), 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 any charge on business.