The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023

1Citation, commencement and interpretation#

(1)These Regulations may be cited as the Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 and shall come into operation on 28th October 2023.

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

2Amendment of the habitual residence test in income-related benefit legislation#

(1)In the provisions specified in paragraph (2) after sub-paragraph (zzd) insert—“zze a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—i has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;ii has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; oriii does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;”

(2)Those provisions are—

(a)regulation 21AA(4) of the Income Support (General) Regulations (Northern Ireland) 1987 (special cases: supplemental–persons from abroad);

(b)regulation 85A(4) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (special cases: supplemental–persons from abroad);

(c)regulation 2(4) of the State Pension Credit Regulations (Northern Ireland) 2003 (persons not in Northern Ireland);

(d)regulation 10(5) of the Housing Benefit Regulations (Northern Ireland) 2006 (persons from abroad);

(e)regulation 10(5) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (persons from abroad);

(f)regulation 70(4) of the Employment and Support Allowance Regulations (Northern Ireland) 2008 (special cases: supplemental – persons from abroad).

(3)In regulation 9(4) of the Universal Credit Regulations (Northern Ireland) 2016 (persons treated as not being in Northern Ireland), after sub-paragraph (zd) insert—“ze a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—i has been granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971,ii has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, oriii does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,”

3Amendment of the Income Support Regulations#

(1)The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) and (3).

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

(a)in the definition of “qualifying person” after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

(b)after the definition of “vaccine damage payment” insert—“• “the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;”

(3)In the provisions specified in sub-paragraphs (a) to (c), after the “National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

(a)regulation 48(10)(c) (income treated as capital);

(b)regulation 51(3A)(a) (notional capital);

(c)paragraphs 22(1) and (7) of Schedule 10 (capital to be disregarded).

4Amendment of the Jobseeker’s Allowance Regulations#

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

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

(a)in the definition of “qualifying person” after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

(b)after the definition of “vaccine damage payment” insert—“• “the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;”

(3)In the provisions specified in sub-paragraphs (a) to (c), after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

(a)regulation 110(10)(c) (income treated as capital);

(b)regulation 113(3A)(a) (notional capital);

(c)paragraph 27(1) of Schedule 7 (capital to be disregarded).

5Amendment 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)—

(a)in the definition of “qualifying person” after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

(b)after the definition of “vaccine damage payment” insert—“• “the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;”

(3)In the provisions specified in sub-paragraphs (a) and (b), after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

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

(b)paragraph 15(1) and (7) of Schedule 5 (income from capital).

6Amendment of the Housing Benefit Regulations#

(1)The Housing Benefit Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) and (3).

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

(a)in the definition of “qualifying person” after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

(b)after the definition of “vaccine damage payment” insert—“• “the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;”

(3)In the provisions specified in sub-paragraphs (a) to (d), after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

(a)regulation 43(6) (income treated as capital);

(b)regulation 46(4)(a) (notional capital);

(c)regulation 72(9)(b) (non-dependant deductions);

(d)paragraph 25(1) and (7) of Schedule 7 (capital to be disregarded).

7Amendment 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)—

(a)in the definition of “qualifying person” after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

(b)after the definition of “vaccine damage payment” insert—“• “the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;”

(3)In the provisions specified in sub-paragraphs (a) and (b), after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

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

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

8Amendment of the Employment and Support Allowance Regulations#

(1)The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended in accordance with paragraphs (2) and (3).

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

(a)in the definition of “qualifying person” after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”;

(b)after the definition of “vaccine damage payment” insert—“• “the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;”

(3)In the provisions specified in sub-paragraphs (a) to (c), after “the National Emergencies Trust” insert “, the Victims of Overseas Terrorism Compensation Scheme”—

(a)regulation 112(8)(a) (income treated as capital);

(b)regulation 115(5)(a) (notional capital);

(c)paragraph 27(1) and (7) of Schedule 9 (capital to be disregarded).

9Amendment of the Universal Credit Regulations#

In Regulation 76(1A) of the Universal Credit Regulations (Northern Ireland) 2016 (special schemes for compensation etc.) after sub-paragraph (e) add—“f the Victims of Overseas Terrorism Compensation Scheme established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010.”

10Amendment of disability and carer’s benefit legislation#

(1)In the provisions specified in paragraph (2)—

(a)at the end of sub-paragraph (f) omit “or”;

(b)after sub-paragraph (g) add—“orh leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—i was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023; andii left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack.”

(2)Those provisions are—

(a)regulation 9C(1) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 (refugees and certain persons with leave to enter or remain in the United Kingdom);

(b)regulation 2C(1) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 (refugees and certain persons with leave to enter or remain in the United Kingdom);

(c)regulation 2C(1) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (refugees and certain persons with leave to enter or remain in the United Kingdom).

11Amendment of the Personal Independence Payment Regulations#

In regulation 23A(1) of the Personal Independence Payment Regulations (Northern Ireland) 2016 (refuges and certain persons with leave to enter or remain in the United Kingdom)—

(a)at the end of sub-paragraph (f) omit “or”;

(b)after sub-paragraph (g) add—“orh leave to enter or remain in the United Kingdom granted under or outside the immigration rules, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where C—i was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023; andii left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack.”