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(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2006 and shall, subject to paragraphs (2) to (6), come into operation on 6th April 2006.
(2) This regulation and regulation 3(4)(d) and (7) shall come into operation on 1st April 2006.
(3) Regulation 2(4)(a) to (c), (e) and (f) shall come into operation on 3rd April 2006.
(4) Regulations 2(2)(a) and (b) and (3)(a), 3(4)(a) and (6)(a), and 4(2)(a) and (b) and (3)(a) shall come into operation on 6th April 2006 immediately after the provisions referred to in regulation 1(4) of the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2005.
(5) Regulations 2(4)(d) and 6 shall come into operation on 10th April 2006.
(6) Regulation 5(3) and (5) shall come into operation on 10th April 2006 immediately after the coming into operation of regulation 7(5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005.
(7) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
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(1) The Income Support (General) Regulations (Northern Ireland) 1987 shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 42 (notional income)—
(a) in paragraph (2)(g) for “or retirement annuity contract” there shall be substituted “, retirement annuity contract or a payment made by the Board of the Pension Protection Fund”;
(b) in paragraph (2ZA)(a) for “personal pension scheme or retirement annuity contract” there shall be substituted “a personal pension scheme, a retirement annuity contract or the Board of the Pension Protection Fund”;
(c) in paragraph (4)(a)(ia) for “or is a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; and
(d) in paragraph (4ZA)(d) for “or in respect of a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.
(3) In regulation 51(notional capital)—
(a) in paragraph (2)(da) after “scheme” there shall be inserted “or a payment made by the Board of the Pension Protection Fund”;
(b) in paragraph (3)(a)(ia) for “or is a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; and
(c) in paragraph (3A)(c) for “or in respect of a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.
(4) The following provisions shall be omitted—
(a) regulation 17(1)(g) (applicable amounts);
(b) regulation 18(1)(h) (polygamous marriages);
(c) regulation 71(1)(a)(v) and (d)(iv) (applicable amounts in urgent cases);
(d) paragraph 16A of Schedule 1B (prescribed categories of person);
(e) Schedule 3A (protected sum); and
(f) Schedule 3B (protected sum).
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(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987 shall be amended in accordance with paragraphs (2) to (7).
(2) The amendments made by paragraphs (3) and (5) are to the Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 applies.
(3) In regulation 25(1) (meaning of “income”)—
(a) at the end of sub-paragraph (r) the word “and” shall be omitted; and
(b) after sub-paragraph (s) there shall be added—“and
(t) PPF periodic payments within the meaning of section 17(1) of the State Pension Credit Act.”.
(4) In regulation 35 (notional income)—
(a) in paragraph (2)(c) for “or retirement annuity contract” there shall be substituted “, retirement annuity contract or a payment made by the Board of the Pension Protection Fund”;
(b) in paragraph (3)(za) for “or is a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”;
(c) in paragraph (3A)(d) for “or in respect of a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; and
(d) in paragraph (4)(a) for “or, as the case may be, (3)(b)” there shall be substituted “or (c)”.
(5) In regulation 37(2) (income paid to third parties) for “or in respect of a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.
(6) In regulation 43 (notional capital)—
(a) in paragraph (2)(d) for “or retirement annuity contract” there shall be substituted “, retirement annuity contract or a payment made by the Board of the Pension Protection Fund”;
(b) in paragraph (3)(za) for “or is a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; and
(c) in paragraph (3A)(c) for “or in respect of a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.
(7) In regulation 65 (date on which entitlement is to commence)—
(a) in paragraph (1) for “paragraph (2)”there shall be substituted “paragraphs (2) and (3)”; and
(b) after paragraph (2) there shall be added the following paragraph—“
(3) A claimant shall become entitled to housing benefit from the benefit week in which the first day in respect of which his claim is made falls, where—
(a) he is otherwise entitled to housing benefit;
(b) paragraph (2) does not apply to him; and
(c) he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of a hostel which he occupies as his home.”.
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(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 105 (notional income)—
(a) in paragraph (2)(g) for “or occupational pension scheme” there shall be substituted “, occupational pension scheme or a payment made by the Board of the Pension Protection Fund”;
(b) in paragraph (2B)(a) for “or personal pension scheme” there shall be substituted “ a personal pension scheme or the Board of the Pension Protection Fund”;
(c) in paragraph (10)(a)(ia) for “or is a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; and
(d) in paragraph (10A)(d) for “or in respect of a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.
(3) In regulation 113 (notional capital)—
(a) in paragraph (2)(da) after “scheme” there shall be inserted “or a payment made by the Board of the Pension Protection Fund”;
(b) in paragraph (3)(a)(ia) for “or is a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”; and
(c) in paragraph (3A)(c) for “or in respect of a pension or other periodical payment made under a personal pension scheme” there shall be substituted “, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund”.
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(1) The State Pension Credit Regulations (Northern Ireland) 2003 shall be amended in accordance with paragraphs (2) to (5).
(2) In regulation 15(5) (income for the purposes of the Act) after sub-paragraph (j) there shall be added the following sub-paragraph—“
(k) PPF periodic payments.”.
(3) In Schedule 1 Part 3 (amount applicable for former claimants of income support or income-based jobseeker’s allowance) for paragraph 6(9)(b) there shall be substituted the following sub-paragraph—“
(b) any amount by which the appropriate minimum guarantee of a patient is increased on 10th April 2006 by virtue of the substitution of paragraph 2 of Schedule 3.”.
(4) In paragraph 1 of Schedule 2 (housing costs)—
(a) in sub-paragraph (2) in the definition of “disabled person” for paragraph (a) there shall be substituted the following paragraphs—“
(a) aged 75 or over;
(aa) who, had he in fact been entitled to income support, would have satisfied the requirements of paragraph 12 of Schedule 2 to the Income Support Regulations (additional condition for the higher pensioner and disability premiums); or”; and
(b) in sub-paragraph (3) for “sub-paragraph (2)(a)” there shall be substituted “sub-paragraph (2)(a), (aa) and (b)”.
(5) In paragraph 2(2)(a) of Schedule 3 (further provisions in the case of patients) after “that section” there shall be inserted “, and nil is the prescribed additional amount for the purposes of subsection (3)(b)”.
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In regulation 8(2) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 (funeral payments: supplementary) for sub-paragraph (b) there shall be substituted the following sub-paragraph—“
(b) a qualifying young person within the meaning of section 138 of the Act (child and qualifying young person);”.
Sealed with the Official Seal of the Department for Social Development on 9th March 2006
John O'Neill
A senior officer of the
Department for Social Development
The Department of Finance and Personnel hereby consents to regulation 3 of the foregoing Regulations.Sealed with the Official Seal of the Department of Finance and Personnel on 9th March 2006
Jack Layberry
A senior officer of the
Department of Finance and Personnel
