Citation, commencement and application

1.—(1) These Regulations may be cited as the Social Security (Infected Blood and Thalidomide) Regulations (Northern Ireland) 2017 and come into operation on 30th October 2017.

(2) The Interpretation Act (Northern Ireland) 1954(9) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendments to the Income Support (General) Regulations

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(10) are amended in accordance with paragraphs (2) to (5).

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

(a)after the definition of “adoption leave”(11) insert—

““approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;”;

(b)after the definition of “the Independent Living Fund (2006)”(12) insert—

““the Infected Blood Payment Scheme for Northern Ireland” means the scheme of that name administered by the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(13);”;

(c)in the definition of “qualifying person(14)”, after “the Caxton Foundation” insert “, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme”;

(d)after the definition of “Scottish basic rate”(15) insert—

““Scottish Infected Blood Support Scheme” means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978)(16);”.

(3) In each of the following provisions, after “the Caxton Foundation” insert “the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme”—

(a)regulation 42(4ZA)(a)(17) (notional income);

(b)regulation 48(10)(c)(18) (income treated as capital);

(c)regulation 51(3A)(a)(19) (notional capital);

(d)paragraph 18(8)(b)(20) of Schedule 3 (housing costs);

(e)paragraphs 21(2)(21) and 39(1)(22) and (7)(23) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings); and

(f)paragraphs 22(1)(24) and (7)(25) and 29(26) of Schedule 10 (capital to be disregarded).

(4) In paragraph 18 of Schedule 3 after sub-paragraph (8)(c) add—

“(d)any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

(5) In Schedule 10 after paragraph 65(27) add—

“66.  Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

Amendments to the Jobseeker’s Allowance Regulations

3.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(28) are amended in accordance with paragraphs (2) to (5).

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

(a)after the definition of “adoption leave”(29) insert—

““approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;”;

(b)after the definition of “the Independent Living Fund (2006)”(30) insert—

““the Infected Blood Payment Scheme for Northern Ireland” means the scheme of that name administered by the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;”;

(c)in the definition of “qualifying person”(31), after “the Caxton Foundation” insert “, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme”;

(d)after the definition of “Scottish basic rate”(32) insert—

“”Scottish Infected Blood Support Scheme” means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978);”.

(3) In each of the following provisions, after “the Caxton Foundation” insert “, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme”—

(a)regulation 105(10A)(a)(33) (notional income);

(b)regulation 110(10)(c)(34) (income treated as capital);

(c)regulation 113(3A)(a)(35) (notional capital);

(d)paragraph 17(8)(b)(36) of Schedule 2 (housing costs);

(e)paragraphs 22(2)(37) and 41(1)(38) and (7)(39) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings); and

(f)paragraphs 27(1)(40) and 31(41) of Schedule 7 (capital to be disregarded).

(4) In paragraph 17 of Schedule 2 after sub-paragraph (8)(c) add—

“(d)any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

(5) In Schedule 7 after paragraph 58(42) add—

“59.  Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

Amendments to the Social Security (Recovery of Benefits) Regulations

4.  In regulation 2(2) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997(43) (exempted trusts and payments) after sub-paragraph (m) add—

“(n)any payment made from the Scottish Infected Blood Support Scheme administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978(44));

(o)any payment made from a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;

(p)any payment from the Infected Blood Payment Scheme for Northern Ireland administered by the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;

(q)any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

Amendments to the State Pension Credit Regulations

5.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(45) are amended in accordance with paragraphs (2) to (5).

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

(a)after the definition of “adoption leave”(46) insert—

““approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;”;

(b)after the definition of “the Independent Living Fund (2006)”(47) insert—

““the Infected Blood Payment Scheme for Northern Ireland” means the scheme of that name administered by the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;”;

(c)in the definition of “qualifying person”(48), after “the Caxton Foundation” insert “, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme”;

(d)after that definition “residential care home”(49) insert—

““Scottish Infected Blood Support Scheme” means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978);”.

(3) In each of the following provisions, after “the Caxton Foundation” insert “, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme ”—

(a)paragraph 14(8)(b)(50) of Schedule 2 (housing costs);

(b)paragraphs 15(1)(51) and (7)(52) of Schedule 5 (income from capital).

(4) In Schedule 2, after paragraph 14(8)(c) add—

“(d)any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

(5) In Part I of Schedule 5, after paragraph 23D(53) add —

“23E.  Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

Amendments to the Housing Benefit Regulations

6.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(54) are amended in accordance with paragraphs (2) to (5).

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

(a)after the definition of “appropriate office” insert—

““approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;”;

(b)after the definition of “the Independent Living Fund (2006)”(55) insert—

““the Infected Blood Payment Scheme for Northern Ireland” means the scheme of that name administered by the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;”;

(c)in the definition of “qualifying person”(56), after “the Caxton Foundation” insert “, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme”;

(d)after the definition of “Scottish basic rate”(57) insert—

““Scottish Infected Blood Support Scheme” means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978);”.

(3) In each of the following provisions, after “the Caxton Foundation” insert “, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme”—

(a)regulation 39(7)(a)(58) (notional income);

(b)regulation 43(6)(59) (income treated as capital);

(c)regulation 46(4)(a)(60) (notional capital);

(d)regulation 72(9)(b)(61) (non-dependant deductions);

(e)paragraphs 37(1)(62) and (7)(63) of Schedule 6 (sums to be disregarded in the calculation of income); and

(f)paragraphs 25(1)(64) and (7)(65) and 35(66) of Schedule 7 (capital to be disregarded).

(4) In regulation 72 after paragraph (9)(c) insert—

“(d)any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

(5) In Schedule 7 after paragraph 59(67) add—

“60.  Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

Amendments to 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(68) are amended in accordance with paragraphs (2) to (5).

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

(a)after the definition of “appropriate office” insert—

““approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;”;

(b)after the definition of “the Independent Living Fund (2006)”(69) insert—

““the Infected Blood Payment Scheme for Northern Ireland” means the scheme of that name administered by the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;”;

(c)in the definition of “qualifying person”(70), after the “Caxton Foundation” insert “, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme”;

(d)after the definition of “Scottish basic rate”(71) insert—

““Scottish Infected Blood Support Scheme” means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978);”

(3) In each of the following provisions, after “the Caxton Foundation” insert “, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme”—

(a)regulation 53(10)(b)(72) (non-dependant deductions);

(b)paragraph 16(1)(a)(73) of Schedule 7 (capital to be disregarded).

(4) In regulation 53 after paragraph (10)(c) add—

“(d)any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

(5) In Part I of Schedule 7 after paragraph 28D(74) add—

“28E.  Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

Amendments to the Employment and Support Allowance Regulations

8.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(75) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(1)—

(a)after the definition of “aircraft worker” insert—

““approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;”;

(b)after the definition of “the Independent Living Fund (2006)” insert—

““the Infected Blood Payment Scheme for Northern Ireland” means the scheme of that name administered by the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;”;

(c)in the definition of “qualifying person”(76), after “the Caxton Foundation” insert “, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme”;

(d)after the definition of “Scottish basic rate”(77) insert—

““Scottish Infected Blood Support Scheme” means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978);”.

(3) In each of the following provisions, after “the Caxton Foundation” insert “, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme”—

(a)regulation 107(5)(a)(78) (notional income – income due to be paid or income paid to or in respect of a third party);

(b)regulation 112(8)(79) (income treated as capital);

(c)regulation 115(5)(a)(80) (notional capital);

(d)in paragraph 19(8)(b)(81) of Schedule 6 (housing costs);

(e)paragraphs 21(2)(82) and 40(1)(83) and (7)(84) of Schedule 8 (sums to be disregarded in the calculation of income other than earnings); and

(f)paragraphs 27(1)(85) and (7)(86) and 31(87) of Schedule 9 (capital to be disregarded).

(4) In Schedule 6 after paragraph 19(8)(c) add—

“(d)any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

(5) In Schedule 9 after paragraph 56(88) add—

“57.  Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

Amendments to the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations

9.—(1) In regulation 7(2) of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008(89) (exempted trusts and payments) after sub-paragraph (j) add—

“(k)any payment made from the Scottish Infected Blood Support Scheme administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978;

(l)any payment made from a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;

(m)any payment from the Infected Blood Payment Scheme for Northern Ireland administered by the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;

(n)any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide that payments made:

• under or by certain schemes or trusts established for the purpose of providing compensation to those who have been infected from contaminated blood products,

• under the Infected Blood Payment Scheme for Northern Ireland;

• under the Scottish Infected Blood Support Scheme, , or

• under or by certain trusts established for the purpose of giving relief and assistance to disabled people whose disabilities were caused by the fact that during their pregnancy their mother had taken the drug known as Thalidomide,

are to be ignored for certain social security purposes.

Regulations 4 and 9 amend the Social Security (Recovery of Benefits) Regulations 1997 (S.R. 1997 No. 1183) and the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (S.R. 2008 No. 355) to exempt such payments from the compensation recovery schemes established under the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997.

Regulations 2, 3 and 5 to 8 amend the following Regulations to provide that payments made by such schemes are not taken into account in the calculation of income or capital:

• 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).

Regulations 6 and 7 also provide that evidence may be required from claimants in respect of payments from the Scottish Infected Blood Support Scheme in accordance with the evidence and information provisions of the Housing Benefit Regulations (Northern Ireland) 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006.

These Regulations 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 Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.