The Social Fund and Income-Related Benefits (Miscellaneous Amendments and Savings) Regulations (Northern Ireland) 2018

Contents

Part 1 General
- 1 Citation, commencement and interpretation
Part 2 Amendments and saving in relation to Maternity Expenses: Sure Start Maternity Grants
- 2 Amendment of the 2005 Regulations
- 3 Saving in relation to the amendment of 2005 Regulations
Part 3 Amendments in relation to other benefits: disregards

Part 1 · General

1Citation, commencement and interpretation#

(1)These Regulations may be cited as the Social Fund and Income-Related Benefits (Miscellaneous Amendments and Savings) Regulations (Northern Ireland) 2018 and shall come into operation immediately after the coming into force of the first Regulations made under section 32 of the Social Security (Scotland) Act 2018.

(2)In these Regulations, the “2005 Regulations” means the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005.

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

Part 2 · Amendments and saving in relation to Maternity Expenses: Sure Start Maternity Grants

2Amendment of the 2005 Regulations#

(1)The 2005 Regulations are amended as follows.

(2)In regulation 3A (provision against double payment: Sure Start Maternity Grants)—

(a)in paragraph (1)(b), after “Sure Start Maternity Grant”, insert “or a Best Start Grant”;

(b)for paragraph (1)(c), substitute—“c “subsequent grant” is, in respect of C—i a second or subsequent Sure Start Maternity Grant; orii if a Best Start Grant has been given, a first Sure Start Maternity Grant;d “Best Start Grant” is a grant given to a qualifying individual under Regulations made under section 32 of the Social Security (Scotland) Act 2018 in connection with having, or expecting to have, a new baby in the family.”

(c)in paragraph (2), for “second” substitute “subsequent”;

(d)in paragraph (3), for “second” substitute “subsequent”.

(3)In the heading of Part 2, after “expenses” insert “in Northern Ireland”.

(4)In regulation 5 (entitlement), after paragraph (5), add—“6 The fifth condition is that the claimant lives in Northern Ireland.”

3Saving in relation to the amendment of 2005 Regulations#

(1)The amendments made to the 2005 Regulations in regulation 2 are of no effect in relation to a claim for Sure Start Maternity Grant made before the date on which the first Regulations made under section 32 of the Social Security (Scotland) Act 2018 come into force.

(2)In paragraph (1), “Sure Start Maternity Grant” has the meaning given in the 2005 Regulations.

Part 3 · Amendments in relation to other benefits: disregards

4Amendment of the Income Support (General) Regulations#

(1)The Income Support (General) Regulations (Northern Ireland) 1987 are amended as follows.

(2)In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) after paragraph 73 add—“74 Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”

(3)In Schedule 10 (capital to be disregarded) after paragraph 66 add—“67 Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”

5Amendment of the Jobseeker’s Allowance Regulations#

(1)The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended as follows.

(2)In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 69 add—“70 Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”

(3)In Schedule 7 (capital to be disregarded) after paragraph 59 add—“60 Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”

6Amendment of the State Pension Credit Regulations#

(1)The State Pension Credit Regulations (Northern Ireland) 2003 are amended as follows.

(2)In regulation 15(1) (social security benefits which are not prescribed for the purposes of section 15(1)(e) of the State Pension Credit Act (Northern Ireland) 2002), after sub-paragraph (q) insert—“qa early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018;”

(3)In Schedule 5 (capital disregarded for the purpose of calculating income) after paragraph 20(2)(p) add—“q early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”

7Amendment of the Housing Benefit Regulations#

(1)The Housing Benefit Regulations (Northern Ireland) 2006 are amended as follows.

(2)In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 65 insert—“66 Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”

(3)In Schedule 7 (capital to be disregarded) after paragraph 60 insert—“61 Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”

8Amendment 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 as follows.

(2)In regulation 27(1)(h) (“meaning of income”) after head (xva) insert—“xvb early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018;”

(3)In Part 1 of Schedule 7 (capital to be disregarded generally) after paragraph 21(2)(n) insert—“o early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”

9Amendment of the Employment and Support Allowance Regulations#

(1)The Employment and Support Regulations (Northern Ireland) 2008 are amended as follows.

(2)In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) after paragraph 63 insert—“64 Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”

(3)In Schedule 9 (capital to be disregarded) after paragraph 57 insert—“58 Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.”

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