The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2017

Contents

1Citation, commencement and interpretation#

(1)These Regulations may be cited as the Social Security (Miscellaneous Amendments No.2) Regulations (Northern Ireland) 2017 and, subject to paragraph (2), shall come into operation on 16th November 2017.

(2)Regulations 4 and 6(2) shall come into operation on 6th December 2018.

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

2Amendment of the Social Security (Invalid Care Allowance) Regulations#

(1)The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 are amended in accordance with paragraphs (2) and (3).

(2)In regulation 9(1) (conditions relating to residence and presence in Northern Ireland) for “9A and 9B” substitute “9A, 9B and 9C”.

(3)After regulation 9B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies) insert—“9C 1 Regulation 9(1)(c) shall not apply where the person has—a been granted refugee status or humanitarian protection under the immigration rules; orb leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.2 For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.”

3Amendment of the Social Security (Overlapping Benefits) Regulations#

In paragraph 10 of Schedule 1 to the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 (personal benefits which are required to be adjusted by reference to benefits not under chapters I and II of Part II of the Act) at the beginning insert “Personal independence payment,”.

4Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations#

(1)The Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979 are amended in accordance with paragraphs (2) and (3).

(2)In regulation 1(2) (interpretation) after the definition of “unemployability supplement” insert—“• “widowed mother’s allowance” means an allowance referred to in section 37 of the Contributions and Benefits Act;”

(3)In regulation 7 (Category B retirement pension for certain widows by virtue of husband’s contributions)—

(a)in paragraph (e) for “the age of 65” substitute “pensionable age”; and

(b)after paragraph (f) add—“g her having ceased to be entitled to a widowed mother’s allowance at a time when she had reached the age of 65 but was under pensionable age,”

5Amendment of the Income Support (General) Regulations#

In regulation 42(2B) of the Income Support (General) Regulations (Northern Ireland) 1987 (notional income) for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.

6Amendment of the Social Security (Claims and Payments) Regulations#

(1)The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (4).

(2)In regulation 3(1)(d) (claims not required for entitlement to benefit in certain cases)—

(a)in head (i)—

(i)for “over the age of 65 and” substitute “who has reached pensionable age and is”, and

(ii)omit “or a widowed parent’s allowance”; and

(b)omit head (ii) and the “or” immediately before it.

(3)In regulation 7(6)(b) (evidence and information)—

(a)in head (i) for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”; and

(b)in head (ii) for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

(4)In regulation 32(5)(b) (information to be given and changes to be notified)—

(a)in head (i) for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”; and

(b)in head (ii) for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

7Amendment of the Social Security (Attendance Allowance) Regulations#

(1)The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 are amended in accordance with paragraphs (2) and (3).

(2)In regulation 2(1) (conditions as to residence and presence in Northern Ireland) for “2A and 2B” substitute “2A, 2B and 2C”.

(3)After regulation 2B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU regulation applies) insert—“2C 1 Regulation 2(1)(a)(iii) shall not apply where the person has—a been granted refugee status or humanitarian protection under the immigration rules; orb leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.2 For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.”

8Amendment of the Social Security (Disability Living Allowance) Regulations#

(1)The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 are amended in accordance with paragraphs (2) and (3).

(2)In regulation 2(1) (conditions as to residence and presence in Northern Ireland) for “2A and 2B” substitute “2A, 2B and 2C”.

(3)After Regulation 2B (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies) insert—“2C 1 Regulation 2(1)(a)(iii) shall not apply where the person has—a been granted refugee status or humanitarian protection under the immigration rules; orb leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.2 For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.”

9Amendment of the Jobseeker’s Allowance Regulations#

In regulation 105(4) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (notional income) for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.

10Amendment of the State Pension Credit Regulations#

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

(2)In regulation 15 (income for the purposes of the Act)—

(a)in paragraph (3)—

(i)after “prescribed under paragraph (1)” insert “, or retirement pension income to which section 16(1)(za) to (e) applies,”, and

(ii)after “taken into account under paragraph (1)” insert “, or section 16(1)(za) to (e),”; and

(b)in paragraph (4) after sub-paragraph (d) add—“e section 14 of the Pensions Act (Northern Ireland) 2015 (pension sharing: reduction in the sharer’s section 4 pension);f section 45B (reduction of additional pension in Category A retirement pension: pension sharing) or section 55B (reduction of shared additional pension: pension sharing) of the Contributions and Benefits Act.”

(3)In regulation 18(3) (notional income) for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund and is to be determined by the Department, taking account of information provided by the pension fund holder in accordance with regulation 7(5) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987”.

11Amendment of the Housing Benefit Regulations#

In regulation 82(7)(b) of the Housing Benefit Regulations (Northern Ireland) 2006 (evidence and information)—

(a)in head (i) for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”; and

(b)in head (ii) for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

12Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations#

(1)The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) to (4).

(2)In regulation 27 (meaning of “income”)—

(a)in paragraph (3) after “prescribed under paragraph (1)” insert “, or retirement pension income to which section 16(1)(za) to (e) of the State Pension Credit Act applies,”; and

(3)In regulation 39(5) (notional income) for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.

(4)In regulation 63(7)(b) (evidence and information)—

(a)in head (i) for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”; and

(b)in head (ii) for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

13Amendment of the Employment and Support Allowance Regulations#

In regulation 106(6) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (notional income-deprivation and income on application) for “maximum amount of income which may be withdrawn from the fund” substitute “rate of the annuity which may have been purchased with the fund”.

14Amendment of the State Pension Regulations#

In regulation 35 of the State Pension Regulations (Northern Ireland) 2015 (credits for persons providing care for a child under the age of 12)—

(a)for paragraphs (3) and (4) substitute—“3 A is not entitled to be credited with a Class 3 contribution unless—a child benefit was awarded to another person (“B”) in respect of—i the child, or each child, for whom A provided care, andii the week in which A provided that care;b B’s earnings factors, other than those derived from a Class 3 contribution credit awarded under regulation 34, exceed the qualifying earnings factor for the year in which the relevant week falls; andc A makes an application to the Department to be so credited in accordance with paragraph (5) and regulation 39.4 Where the requirements relating to the provision of care by A in paragraph (3)(a)(i) can be satisfied by more than one person in respect of a week in which B was awarded child benefit—a those persons shall elect, with the agreement of B, which of them is to be credited with a Class 3 contribution credit (and then only the elected person is to be so credited), orb the Department is to exercise its discretion to determine which of those persons is to be credited with that contribution, in default of the agreement referred to in sub-paragraph (a).”

(b)in paragraph (5)—

(i)for “(4)(c)” substitute “(3)(c),”, and

(ii)in sub-paragraphs (a) and (c) after “the child” insert “, or each child,”.

15Amendment of the Personal Independence Payment Regulations#

After regulation 23 of the Personal Independence Payment Regulations (Northern Ireland) 2016 (persons residing in an EEA state other than the United Kingdom or in Switzerland to whom a relevant EU Regulation applies) insert—“23A 1 Regulation 16(b) does not apply in relation to a claim for personal independence payment where C has—a been granted refugee status or humanitarian protection under the immigration rules; orb leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.2 For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.”

16Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations#

In regulation 38(3)(b) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016 (evidence and information required from pension fund holders)—

(a)in head (i) for “maximum amount of income which may be withdrawn from the scheme” substitute “rate of the annuity which may have been purchased with the funds held under the scheme”; and

(b)in head (ii) for “maximum amount of income which might be withdrawn from the fund” substitute “rate of the annuity which might have been purchased with the fund”.

17Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations#

(1)The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 are amended in accordance with paragraphs (2) and (3).

(2)In regulation 2 (interpretation)—

(a)in paragraph (2) omit “Subject to paragraph (3),”; and

(b)omit paragraph (3).

(3)In regulation 6(3)(c) (late application for a revision) for “13” substitute “12”.

18Consequential revocation#

Regulation 10(3)(b) of the Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations (Northern Ireland) 2001 is revoked.

Contains public sector information licensed under the Open Government Licence v3.0.