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2003 No. 267

SOCIAL SECURITY

The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations (Northern Ireland) 2003

  Made 9th May 2003 
  Coming into operation 6th October 2003 

The Department for Social Development, in exercise of the powers conferred on it by sections 122(1)(a), 131(1), 134(2) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[1] and Articles 6(5) and 36(1) of the Jobseekers (Northern Ireland) Order 1995[2] and now vested in it[3], and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 and shall come into operation on 6th October 2003.

    (2) Regulation 3 shall come into operation on 6th October 2003 immediately after regulation 25 of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003[
4].

    (3) The Interpretation Act (Northern Ireland) 1954[5] shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support (General) Regulations
     2.  - (1) The Income Support (General) Regulations (Northern Ireland) 1987[6] shall be amended in accordance with paragraphs (2) to (9).

    (2) In regulation 2(1) (interpretation) the definition of "residential allowance"[7] shall be omitted.

    (3) In regulation 17(1) (applicable amounts) sub-paragraph (bb)[8] shall be omitted.

    (4) In regulation 18(1) (polygamous marriages) sub-paragraph (cc)[9] shall be omitted.

    (5) In regulation 21(1B)[10] (special cases) for "paragraph 10A, 10B, 10C or 13" there shall be substituted "paragraph 13(2)".

    (6) In regulation 71 (applicable amounts in urgent cases) -

    (7) In Schedule 2 (applicable amounts) paragraph 2A[13] shall be omitted.

    (8) In Schedule 7 (applicable amounts in special cases) -

    (9) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)

paragraph 15B[18] shall be omitted.

Amendment of the Social Fund (Cold Weather Payments) (General) Regulations
     3.  - (1) The Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988[19] shall be amended in accordance with paragraph (2).

    (2) In regulation 1A(1)[20] (prescribed description of persons) -

Amendment of the Jobseeker's Allowance Regulations
     4.  - (1) The Jobseeker's Allowance Regulations (Northern Ireland) 1996[28] shall be amended in accordance with paragraphs (2) to (12).

    (2) In regulation 1(2)[29] (citation, commencement and interpretation) the definition of "residential allowance" shall be omitted.

    (3) In regulation 83[30] (applicable amounts) paragraph (c) shall be omitted.

    (4) In regulation 84(1)[31] (polygamous marriages) sub-paragraph (d) shall be omitted.

    (5) In regulation 85 (special cases) -

    (6) In regulation 86A[34] (applicable amounts for joint-claim couples) paragraph (b) shall be omitted.

    (7) In regulation 86B[35] (applicable amounts for joint-claim couples: polygamous marriages) paragraph (c) shall be omitted.

    (8) In regulation 148 (applicable amounts in urgent cases) -

    (9) In regulation 148A[38] (applicable amount in urgent cases: joint-claim couples) -

    (10) In Schedule 1 (applicable amounts) paragraph 3[40] shall be omitted.

    (11) In Schedule 4 (applicable amounts in special cases) -

    (12) In Schedule 4A[45] (applicable amounts of joint-claim couples in special cases) -

Amendment of the Social Fund Winter Fuel Payment Regulations
     5. In regulation 1 (citation, commencement and interpretation) of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000[47] -



Sealed with the Official Seal of the Department for Social Development on


9th May 2003.

L.S.


John O'Neill
Senior Officer of the Department for Social Development


EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations provide for the cessation, from 6th October 2003, of the payment of a residential allowance to recipients of income support or income-based jobseeker's allowance who are residing in residential care homes or nursing homes. These Regulations also provide for the cessation, from 6th October 2003, of the payment of special amounts to recipients of income support or income-based jobseeker's allowance who are in residential accommodation as defined in regulation 21(3) of the Income Support (General) Regulations (Northern Ireland) 1987 ("the Income Support Regulations").

These Regulations also amend the Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988 ("the Cold Weather Payments Regulations") to provide that from 6th October 2003 those who are residing in residential care homes, nursing homes or residential accommodation shall not be entitled to a cold weather payment under those Regulations (regulation 3).

Regulations 2 and 4 amend the Income Support Regulations and the Jobseeker's Allowance Regulations 1996 (Northern Ireland) ("the Jobseeker's Allowance Regulations").

Regulations 2(2) and 4(2) remove the definition of "residential allowance" from the Income Support Regulations and the Jobseeker's Allowance Regulations respectively.

Regulations 2(7) and 4(10) remove the provisions relating to applicable amounts of residential allowance in the Income Support Regulations and the Jobseeker's Allowance Regulations respectively.

Regulation 2(6)(b) and (8) and regulation 4(9), (11) and (12) remove provisions in the Income Support Regulations and the Jobseeker's Allowance Regulations respectively which relate to the special amounts payable to certain people in residential accommodation.

Regulation 2(9) removes paragraph 15B of Schedule 9 to the Income Support Regulations. Paragraph 15B provides that 50 per cent. of income received from an occupational or personal pension or retirement annuity contract shall be disregarded if the claimant is not residing with his spouse, and at least 50 per cent. of that income is being paid to or in respect of his spouse for that spouse's maintenance.

The remaining paragraphs of regulations 2 and 4 make consequential amendments to the Income Support Regulations and the Jobseeker's Allowance Regulations.

Regulations 3 and 5 consequentially amend the Cold Weather Payments Regulations and the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000 respectively.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.


Notes:

[1] 1992 c. 7back

[2] S.I. 1995/2705 (N.I. 15)back

[3] See Article 8(b) of, and Part II of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481)back

[4] S.R. 2003 No. 191back

[5] 1954 c. 33 (N.I.)back

[6] S.R. 1987 No. 459; relevant amending Regulations are S.R.1988 Nos. 146, 318 and 431, S.R. 1989 No. 139, S.R. 1990 No. 131, S.R. 1993 Nos. 149, 165, 235 and 373, S.R. 1994 Nos. 65 and 77, S.R. 1996 Nos. 78 and 288, S.R. 1997 Nos. 22 and 412 and S.R. 2002 Nos. 99 and 132back

[7] The definition of "residential allowance" was inserted by regulation 2(2)(d) of S.R. 1993 No. 149back

[8] Sub-paragraph (bb) was inserted by regulation 2(3) of S.R. 1993 No. 149 and amended by regulation 2 of, and paragraph 2(b) of Schedule 1 to, S.R. 2003 No. 195back

[9] Sub-paragraph (cc) was inserted by regulation 2(4) of S.R. 1993 No. 149 and amended by regulation 2 of, and paragraph 3(b) of Schedule 1 to, S.R. 2003 No. 195back

[10] Paragraph (1B) was inserted by regulation 2(1) of, and paragraph 6(b) of Part I of the Schedule to, S.R. 2002 No. 132back

[11] Head (vi) was added by regulation 4(16)(a) of S.R. 1993 No. 373back

[12] Paragraph (1A) was inserted by regulation 2(1) of, and paragraph 11(e) of Part I of the Schedule to, S.R. 2002 No. 132back

[13] Paragraph 2A was inserted by regulation 2(6) of S.R. 1993 No. 149 and amended by regulation 4(4) of S.R. 1993 No. 165, regulation 2(2)(a) of S.R. 1993 No. 235, regulation 4(17)(b) of S.R. 1993 No. 373, paragraph 1(j) of Schedule 12 to, S.R. 1994 No. 65, regulation 7(3)(a) of S.R. 1997 No. 412, Part 1 of Schedule 2 to, S.R. 2002 No. 99 and regulation 2(1) of, and paragraph 13 of Part I of the Schedule to, S.R. 2002 No. 132back

[14] Paragraph 10A was inserted by regulation 34(b) of S.R. 1988 No. 146 and amended by regulation 8 of, and paragraph 13(a) of Schedule 1 to, S.R. 1989 No. 139, Part 1 of Schedule 4 to, S.R. 2002 No. 99 and regulation 2(1) of, and paragraph 15(c) of Part I of the Schedule to, S.R. 2002 No. 132back

[15] Paragraph 10B was inserted by regulation 34(b) of S.R. 1988 No. 146 and amended by regulation 8 of, and paragraph 13(a) of Schedule 1 to, S.R. 1989 No. 139, Part 1 of Schedule 4 to, S.R. 2002 No. 99 and regulation 2(1) of, and paragraph 15(d) of Part I of the Schedule to, S.R. 2002 No. 132back

[16] Paragraph 10C was inserted by regulation 19(c) of S.R. 1988 No. 431 and amended by regulation 5(5)(b) of S.R. 1996 No. 288, Part 1 of Schedule 4 to, S.R. 2002 No. 99 and regulation 2 of, and paragraph 21(e) and (f) of Schedule 1 to, S.R. 2003 No. 195back

[17] Paragraph 13 was amended by regulation 22(d) of S.R. 1988 No. 318, regulation 19(k)(i) and (ii) of S.R. 1990 No. 131, regulation 1(6)(a)(iv) of Schedule 1 to, S.R. 1993 No. 149, Part 1 of Schedule 4 to, S.R. 2002 No. 99 and regulation 2 of, and paragraph 21(g) of Schedule 1 to, S.R. 2003 No. 195back

[18] Paragraph 15B was inserted by regulation 2 of S.R. 1996 No. 78 and amended by 2(2)(a)(i)(aa) and (bb) and 2(2)(a)(ii) and (iii) of S.R. 1997 No. 22 and regulation 2(1) of, and paragraph 17(d) of Part I of the Schedule to, S.R. 2002 No. 132back

[19] S.R. 1988 No. 368; relevant amending regulations are S.R. 1991 No. 487, S.R. 1993 No. 413, S.R. 1996 No. 488 and S.R. 2003 No. 191back

[20] Regulation 1A was inserted by regulation 2 of S.R. 1991 No. 487 and amended by regulation 2 of S.R. 1993 No. 413, regulation 3 of S.R. 1996 No. 488 and regulation 25 of S.R.2003 No. 191back

[21] Sub-paragraph (a) was amended by regulation 2 of S.R. 1993 No. 413back

[22] Sub-paragraph (aa) was inserted by regulation 3(b) of S.R. 1996 No. 488back

[23] Sub-paragraph (ab) was inserted by regulation 25(5)(b) of S.R. 2003 No. 191back

[24] Paragraph (2) was inserted by regulation 25(6) of S.R. 2003 No. 191back

[25] The definition of "nursing home" was substituted by regulation 2(1) of, and paragraph 1 of Part I of the Schedule to, S.R. 2002 No. 132back

[26] The definition of "residential care home" was substituted by regulation 2(1) of, and paragraph 1 of Part I of the Schedule to, S.R. 2002 No. 132back

[27] The definition of "residential accommodation" was substituted by paragraph 1(4)(a) of Schedule 1 to, S.R. 1993 No. 149 and amended by paragraph 1(f) of Schedule 12 to, S.R. 1994 No. 65back

[28] S.R. 1996 No. 198; relevant amending Regulations are S.R. 1996 No. 288, S.R. 1997 No. 412, S.R. 2000 No. 350, S.R. 2002 Nos. 99 and 132 and S.R. 2003 No. 195back

[29] To which there are amendments not relevant to these Regulationsback

[30] Regulation 83 was amended by regulation 3 of, and paragraph 2 of Schedule 2 to, S.R. 2003 No. 195back

[31] Regulation 84 was amended by regulation 3 of, and paragraph 3 of Schedule 2 to, S.R. 2003 No. 195back

[32] Paragraph (1) was amended by regulation 2(2) of, and paragraph 6(a) of Part II of the Schedule to, S.R. 2002 No. 132back

[33] Paragraph (2A) was inserted by regulation 2(2) of, and paragraph 6(b) of Part II of the Schedule to, S.R. 2002 No. 132back

[34] Regulation 86A was inserted by paragraph 35 of Schedule 2 to, S.R. 2000 No. 350 and amended by regulation 2(2) of, and paragraph 8 of Part II of the Schedule to, S.R. 2002 No. 132back

[35] Regulation 86B was inserted by paragraph 35 of Schedule 2 to, S.R. 2000 No. 350 and amended by regulation 2(2) of, and paragraph 8 of Part II of the Schedule to, S.R. 2002 No. 132 and regulation 3 of, and paragraph 5 of Schedule 2 to, S.R. 2003 No. 195back

[36] Sub-paragraph (c) was amended by regulation 2(2) of, and paragraph 14(c) of Part II of the Schedule to, S.R. 2002 No. 132back

[37] Paragraph (1A) was inserted by regulation 2(2) of, and paragraph 14(e) of Part II of the Schedule to, S.R. 2002 No. 132back

[38] Regulation 148A was inserted by paragraph 47 of Schedule 2 to, S.R. 2000 No. 350 and amended by regulation 2(2) of, and paragraph 15 of Part II of the Schedule to, S.R. 2002 No. 132back

[39] Paragraph (1A) was inserted by regulation 2(2) of, and paragraph 15(e) of Part II of the Schedule to, S.R. 2002 No. 132back

[40] Paragraph 3 was amended by regulation 7(3)(b) of S.R. 1997 No. 412, paragraph 53(3) of Schedule 2 to, S.R. 2000 No. 350, Part I of Schedule 8 to, S.R. 2002 No. 99 and regulation 2(2) of, and paragraph 17 of Part II of the Schedule to, S.R. 2002 No. 132back

[41] Paragraph 7 was amended by Part I of Schedule 11 to, S.R. 2002 No.99back

[42] Paragraph 8 was amended by Part I of Schedule 11 to, S.R. 2002 No. 99 and regulation 2(2) of, and paragraph 19(a) of Part II of the Schedule to, S.R. 2002 No. 132back

[43] Paragraph 9 was amended by regulation 9(5) of S.R. 1996 No. 288 and Part I of Schedule 11 to, S.R. 2002 No. 99back

[44] Paragraph 15 was amended by Part I of Schedule 11 to, S.R. 2002 No. 99back

[45] Schedule 4A was inserted by paragraph 57 of Schedule 2 to, S.R. 2000 No. 350back

[46] Paragraph 9 was amended by Schedule 12 to, S.R. 2002 No. 99back

[47] S.R. 2000 No. 91; relevant amending Regulations are S.R. 2000 No. 321 and S.R. 2001 No. 373back

[48] The definition of "nursing home" was substituted by regulation 2(1) of, and paragraph 1 of Part I of the Schedule to, S.R. 2002 No. 132back

[49] Paragraph (3A) was inserted by regulation 2(2)(c) of S.R. 2000 No. 321 and amended by regulation 2(2)(b) of S.R. 2001 No. 373back

[50] The definition of "residential care home" was substituted by regulation 2(1) of, and paragraph 1 of Part I of the Schedule to, S.R. 2002 No. 132back



ISBN 0 33795109 8


  © Crown copyright 2003

Prepared 20 May 2003


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