Contents
- 1 Citation, commencement and interpretation
- 2 Amendment of the Social Security (Recovery of Benefits) Regulations
- 3 Amendment of the State Pension Credit Regulations
- 4 Amendment of the Housing Benefit Regulations
- 5 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
- 6 Amendment of the Employment and Support Allowance Regulations
- 7 Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations
- 8 Amendment of the Universal Credit Regulations
- 9 Amendment of the Universal Credit (Transitional Provisions) Regulations
- 10 Amendment of the Social Security (Overpayments and Recovery) Regulations
- 11 Amendment of the Personal Independence Payment (Transitional Provisions) Regulations
1Citation, commencement and interpretation#
(1)These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2026 and come into operation on 30th October 2026.
(2)The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
2Amendment of the Social Security (Recovery of Benefits) Regulations#
In regulation 2(2) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997 (exempted trusts and payments) after sub-paragraph (u) insert—“ua any payment that is made under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;”
3Amendment of the State Pension Credit Regulations#
(1)The State Pension Credit Regulations (Northern Ireland) 2003 are amended in accordance with paragraphs (2) to (5).
(2)In regulation 1(2) (citation, commencement and interpretation)—
(a)after the definition of “miscarriage of justice compensation payment” insert—“• “Mother and Baby Scheme payment” means a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;”
(b)in the definition of “qualifying person” after “an LGBT Financial Recognition Scheme payment” insert “, a Mother and Baby Scheme payment”.
(3)In regulation 5(1D) (persons treated as being or not being members of the same household) after sub-paragraph (a) insert—“aa paragraph (1A)(a), (b) or (c) applied to the person when the public information was issued or the evacuation began;”
(4)In paragraph 14(8) (persons residing with the claimant) of Schedule 2 (housing costs) after head (be) insert—“bea any Mother and Baby Scheme payment;”
(5)In paragraph 15 of Schedule 5 (income from capital)—
(a)in sub-paragraph (1A) after “LGBT Financial Recognition Scheme payment” insert “, Mother and Baby Scheme payment”;
(b)in each of sub-paragraphs (2) to (5) and (6) after “an LGBT Financial Recognition Scheme payment” insert “, a Mother and Baby Scheme payment”.
4Amendment of the Housing Benefit Regulations#
(1)The Housing Benefit Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) to (8).
(2)In regulation 2(1) (interpretation)—
(a)after the definition of “miscarriage of justice compensation payment” insert—“• “Mother and Baby Scheme payment” means a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;”
(b)in the definition of “qualifying person” after “an LGBT Financial Recognition Scheme payment” insert “, a Mother and Baby Scheme payment”.
(3)In regulation 39(7A) (notional income) after sub-paragraph (e), insert—“ea a Mother and Baby Scheme payment;”
(4)In regulation 43(6) (income treated as capital), after “an LGBT Financial Recognition Scheme payment”, insert “, a Mother and Baby Scheme payment”.
(5)In regulation 46(4A) (notional capital), after sub-paragraph (f), insert—“fa a Mother and Baby Scheme payment;”
(6)In regulation 72(9) (non-dependant deductions), after sub-paragraph (bf), insert—“bg any Mother and Baby Scheme payment;”
(7)In paragraph 37 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—
(b)in each of sub-paragraphs (2) to (6) after “an LGBT Financial Recognition Scheme payment” insert “, a Mother and Baby Scheme payment”.
(8)In paragraph 25 of Schedule 7 (capital to be disregarded)—
(a)in sub-paragraph (1A) after “LGBT Financial Recognition Scheme payment” insert “, Mother and Baby Scheme payment”;
(b)in each of sub-paragraphs (2) to (5) and (6) after “an LGBT Financial Recognition Scheme payment” insert “, a Mother and Baby Scheme payment”.
5Amendment 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 2(1) (interpretation)—
(a)after the definition of “miscarriage of justice compensation payment”, insert—“• “Mother and Baby Scheme payment” means a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;”
(b)in the definition of “qualifying person” after “an LGBT Financial Recognition Scheme payment” insert “, a Mother and Baby Scheme payment”.
(3)In regulation 53(10) (non-dependant deductions) after sub-paragraph (bf), insert—“bg any Mother and Baby Scheme payment;”
(4)In paragraph 16 of Schedule 7 (capital to be disregarded)—
(a)in sub-paragraph (1A) after “LGBT Financial Recognition Scheme payment” insert “, Mother and Baby Scheme payment”;
(b)in each of sub-paragraphs (2) to (5) and (6) after “an LGBT Financial Recognition Scheme payment” insert “, a Mother and Baby Scheme payment”.
6Amendment 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 (8).
(2)In regulation 2(1) (interpretation)—
(a)after the definition of “mobility supplement” insert—“• “Mother and Baby Scheme payment” means a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;”
(b)in the definition of “qualifying person” after “an LGBT Financial Recognition Scheme payment” insert “, a Mother and Baby Scheme payment”.
(3)In regulation 107(5A) (notional income – income due to be paid or income paid to or in respect of a third party) after sub-paragraph (e) insert—“ea a Mother and Baby Scheme payment;”
(4)In regulation 112(8)(b) (income treated as capital) after head (v) insert—“va Mother and Baby Scheme payment;”
(5)In regulation 115(5A) (notional capital) after sub-paragraph (f) insert—“fa a Mother and Baby Scheme payment;”
(6)In paragraph 19(8)(b) (non-dependant deductions) of Schedule 6 (housing costs) for “or miscarriage of justice compensation payment” substitute “, miscarriage of justice compensation payment, Mother and Baby Scheme payment”.
(7)In paragraph 40 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—
(b)in each of sub-paragraphs (2) to (6) after “an LGBT Financial Recognition Scheme payment” insert “, a Mother and Baby Scheme payment”.
(8)In paragraph 27 of Schedule 9 (capital to be disregarded)—
(a)in sub-paragraph (1A) after “LGBT Financial Recognition Scheme payment” insert “, Mother and Baby Scheme payment”;
(b)in each of sub-paragraphs (2) to (5) and (6) after “an LGBT Financial Recognition Scheme payment” insert “, a Mother and Baby Scheme payment”.
7Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations#
In regulation 7(2) of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008 (exempted trusts and payments), after sub-paragraph (r) insert—“ra any payment that is made under the Mother and Baby Institutions Payment Scheme established by the Irish government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023;”
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 55(2)(b) (employed earnings), after “Part 4” insert “(other than section 232)”.
(3)In regulation 76 (special schemes for compensation etc.) after paragraph (1C) insert—“1CA This regulation also applies where a person receives a payment under the Mother and Baby Institutions Payment Scheme established by the Irish Government under section 5 of the Irish Mother and Baby Institutions Payment Scheme Act 2023.”
9Amendment of the Universal Credit (Transitional Provisions) Regulations#
(1)The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 are amended in accordance with paragraph (2).
(2)In regulation 56 (the transitional element – initial amount and adjustment where other elements increase)—
(a)in paragraph (4), for “paragraphs (5) and (5A)” substitute “paragraphs (5), (5A) and (5B)”;
(b)after paragraph (5A), insert—“5B In an assessment period where—a the carer element has been replaced by the LCW element or the LCWRA element, orb the LCW element or the LCWRA element has been replaced by the carer element,the “relevant increase” is to be treated as the net increase (if any) produced by deducting the amount of the element which is being removed from the amount of the element replacing it.”
(c)in paragraph (6)—
(i)after “In this regulation,” insert ““carer element”,”;
(ii)after ““housing costs element”” omit “, “LCW element””;
(d)after paragraph (6), insert—“7 In this regulation, “LCW element” has the same meaning as in regulation 28 of the Universal Credit Regulations (Northern Ireland) 2016 as it has effect apart from the amendments made by regulation 2(3) of the Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017.”
10Amendment of the Social Security (Overpayments and Recovery) Regulations#
In regulation 14(2)(a) of the Social Security (Overpayments and Recovery) Regulations (Northern Ireland) 2016 (recovery by deduction from state pension credit) for “25 per cent” substitute “40 per cent”.
11Amendment of the Personal Independence Payment (Transitional Provisions) Regulations#
(1)The Personal Independence Payment (Transitional Provisions) Regulations (Northern Ireland) 2016 are amended in accordance with paragraphs (2) and (3).
(2)In regulation 13 (failure to provide information etc.)—
(a)after paragraph (1) insert—“1A Where it is accepted that the claimant had good reason for the failure giving rise to a determination under paragraph (1), whether or not at the same time as making an assessment determination, the determination under paragraph (1) is treated as not made and the transfer claimant’s entitlement to disability living allowance is reinstated as if the determination had never been made.”
(b)omit paragraph (2).
(3)In regulation 17 (procedure following and consequences of determination of claim for personal independence payment)—
(a)in paragraph (1)(b), omit “except where regulation 13(2) applies to the claimant,”;
(b)omit paragraph (4)(b);
(c)in paragraph (5)(a), omit “except where regulation 13(2) applies to the claimant,”.
Contains public sector information licensed under the Open Government Licence v3.0.