Contents
- 1 Citation, commencement and interpretation
- 2 Amendment of the Income Support (General) Regulations
- 3 Amendment of the Jobseeker’s Allowance Regulations
- 4 Amendment of the State Pension Credit Regulations
- 5 Amendment of the Housing Benefit Regulations
- 6 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
- 7 Amendment of the Employment and Support Allowance Regulations
- 8 Amendment of the Universal Credit Regulations
1Citation, commencement and interpretation#
(1)These Regulations may be cited as the Income-Related Benefits (Local Welfare Provision Disregard) (Amendment) Regulations (Northern Ireland) 2022 and come into operation on 4th May 2022.
(2)The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
2Amendment of the Income Support (General) Regulations#
(1)The Income Support (General Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (4).
(2)In regulation 2(1) interpretation after the definition of “liable relative” insert—“• “local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—(a) meeting, or helping to meet, an immediate short term need—(a) arising out of an exceptional event, or exceptional circumstances; and(b) that requires to be met in order to avoid a risk to the well-being of an individual; or(b) enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—(a) in prison, hospital, a residential care establishment or other institution; or(b) homeless or otherwise living an unsettled way of life;”
(3)In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) after paragraph 31 insert—“31A Any local welfare provision.”
(4)In Schedule 10 (capital to be disregarded) after paragraph 18 insert—“18A Any local welfare provision.”
3Amendment of the Jobseeker’s Allowance Regulations#
(1)The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) to (4).
(2)In regulation 1(2) (citation, commencement and interpretation) after the definition of “liable relative” insert—“• “local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—(a) meeting, or helping to meet, an immediate short term need—(a) arising out of an exceptional event, or exceptional circumstances; and(b) that requires to be met in order to avoid a risk to the well-being of an individual; or(b) enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—(a) in prison, hospital, a residential care establishment or other institution; or(b) homeless or otherwise living an unsettled way of life;”.”
(3)In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 33 insert—“33A Any local welfare provision.”
(4)In Schedule 7 (capital to be disregarded) after paragraph 23 insert—“23A Any local welfare provision.”
4Amendment 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 1(2) (citation, commencement and interpretation) after the definition of “the Jobseeker’s Allowance Regulations” insert—“• “local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—(a) meeting, or helping to meet, an immediate short term need—(a) arising out of an exceptional event, or exceptional circumstances; and(b) that requires to be met in order to avoid a risk to the well-being of an individual; or(b) enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—(a) in prison, hospital, a residential care establishment or other institution; or(b) homeless or otherwise living an unsettled way of life;”.”
(3)In Schedule 5 (income from capital) after paragraph 20(1)(d) insert—“da by way of local welfare provision including arrears and payments in lieu of local welfare provision, or”.”
5Amendment of the Housing Benefit Regulations#
(1)The Housing Benefit Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) to (4).
(2)In regulation 2(1) (interpretation) after the definition of “local housing allowance” insert—“• “local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—(a) meeting, or helping to meet, an immediate short term need—(a) arising out of an exceptional event, or exceptional circumstances; and(b) that requires to be met in order to avoid a risk to the well-being of an individual; or(b) enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—(a) in prison, hospital, a residential care establishment or other institution; or(b) homeless or otherwise living an unsettled way of life;”.”
(3)In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 32 insert—“32A Any local welfare provision.”
(4)In Schedule 7 (capital to be disregarded) after paragraph 21 insert—“21A Any local welfare provision.”
6Amendment 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) and (3).
(2)In regulation 2(1) (interpretation) after the definition of “local housing allowance” insert—“• “local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—(a) meeting, or helping to meet, an immediate short term need—(a) arising out of an exceptional event, or exceptional circumstances; and(b) that requires to be met in order to avoid a risk to the well-being of an individual; or(b) enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—(a) in prison, hospital, a residential care establishment or other institution; or(b) homeless or otherwise living an unsettled way of life;”.”
(3)In Schedule 7 (capital to be disregarded) after paragraph 21(1)(e) insert—“ea by way of local welfare provision including arrears and payments in lieu of local welfare provision;”.”
7Amendment of the Employment and Support Allowance Regulations#
(1)The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended in accordance with paragraphs (2) to (4).
(2)In regulation 2(1) (interpretation) after the definition of “limited capability for work assessment” insert—“• “local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—(a) meeting, or helping to meet, an immediate short term need—(a) arising out of an exceptional event, or exceptional circumstances; and(b) that requires to be met in order to avoid a risk to the well-being of an individual; or(b) enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—(a) in prison, hospital, a residential care establishment or other institution; or(b) homeless or otherwise living an unsettled way of life;”.”
(3)In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) after paragraph 34 insert—“34A Any local welfare provision.”
(4)In Schedule 9 (capital to be disregarded) after paragraph 23 insert—“23A Any local welfare provision.”
8Amendment of the Universal Credit Regulations#
(1)The Universal Credit Regulations (Northern Ireland) 2016 are amended in accordance with paragraphs (2) and (3).
(2)In regulation 2 (interpretation), after the definition of “LCWRA element” insert—“• “local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—(a) meeting, or helping to meet, an immediate short term need—(a) arising out of an exceptional event, or exceptional circumstances; and(b) that requires to be met in order to avoid a risk to the well-being of an individual; or(b) enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—(a) in prison, hospital, a residential care establishment or other institution; or(b) homeless or otherwise living an unsettled way of life;”
(3)In Schedule 10 (capital to be disregarded), after paragraph 18, insert—“18A A payment received within the past 12 months by way of local welfare provision including arrears and payments in lieu of local welfare provision.”
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