
2025 No. 122
Social Security
The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025
Made 1st July 2025
Coming into operation 22nd July 2025

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 129A(2), 131(1), 132(3) and (4), 132A(3) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, Articles 6(5), 14(1) and (4) and 36(2) of the Jobseekers (Northern Ireland) Order 1995, and now vested in it, sections 2(3)(b), 15(3) and (6) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002, sections 4(2), 17(1) and (3) and 25(2) of the Welfare Reform Act (Northern Ireland) 2007 and Article 48(1) and (2) of, and paragraph 4(1) and (3) of Schedule 1 to, the Welfare Reform (Northern Ireland) Order 2015.

Regulations 5 and 6 are made with the consent of the Department of Finance.
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 and come into operation on 22nd July 2025.
(2) The Interpretation Act (Northern Ireland) 1954 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 are amended in accordance with paragraphs (2) to (8).
(2) In regulation 2(1) (interpretation)—
(a) after the definition of “MFET Limited”, insert—“
 “miscarriage of justice compensation payment” means—
(a) a payment made under section 133(1) of the Criminal Justice Act 1988; or
(b) any other payment made by the Secretary of State, the Scottish Ministers or, in Northern Ireland, the Department of Justice, for the purpose of compensating a person—
(i) for a miscarriage of justice in criminal proceedings, or
(ii) for being wrongfully charged with a criminal offence;”;
(b) in the definition of “qualifying person” for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
(3) In regulation 42(4ZB) (notional income) at the end of sub-paragraph (e), for “.” substitute—“;
(f) a miscarriage of justice compensation payment.”.
(4) In regulation 48(10) (income treated as capital), after sub-paragraph (af), insert—“
(ag) which is a miscarriage of justice compensation payment;”.
(5) In regulation 51(3B) (notional capital) at the end of sub-paragraph (f), for “.” substitute—“;
(g) a miscarriage of justice compensation payment.”.
(6) In paragraph 18(8)(b) (non-dependant deductions) of Schedule 3 (housing costs), for “or LGBT Financial Recognition Scheme payment”, substitute “, LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment”.
(7) In paragraph 39 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—
(a) in sub-paragraph (1A) at the end of head (e), for “.” substitute—“;
(f) miscarriage of justice compensation payment.”;
(b) in each of sub-paragraphs (2) to (6), for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
(8) In paragraph 22 of Schedule 10 (capital to be disregarded)—
(a) in sub-paragraph (1A), for “or LGBT Financial Recognition Scheme payment”, substitute “, LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment”;
(b) in each of sub-paragraphs (2) to (5) and (6), for “or an LGBT Financial Recognition Scheme payment”, substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
Amendment of the Jobseeker’s Allowance Regulations
3 

(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) to (8).
(2) In regulation 1(2) (citation, commencement, interpretation and application)—
(a) after the definition of “MFET Limited”, insert—“
 “miscarriage of justice compensation payment” means—
(a) a payment made under section 133(1) of the Criminal Justice Act 1988; or
(b) any other payment made by the Secretary of State, the Scottish Ministers or, in Northern Ireland, the Department of Justice, for the purpose of compensating a person—
(i) for a miscarriage of justice in criminal proceedings, or
(ii) for being wrongfully charged with a criminal offence;”;
(b) in the definition of “qualifying person” for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
(3) In regulation 105(10A) (notional income), after sub-paragraph (af), insert—“
(ag) which is a miscarriage of justice compensation payment;”.
(4) In regulation 110(10) (income treated as capital), after sub-paragraph (af), insert—“
(ag) which is a miscarriage of justice compensation payment;”.
(5) In regulation 113(3B) (notional capital), at the end of sub-paragraph (f), for “.” substitute—“;
(g) a miscarriage of justice compensation payment.”.
(6) In paragraph 17(8)(b) (non-dependant deductions) of Schedule 2 (housing costs), for “or LGBT Financial Recognition Scheme payment”, substitute “, LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment”.
(7) In paragraph 41 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—
(a) in sub-paragraph (1A), at the end of head (e), for “.” substitute—“;
(f) a miscarriage of justice compensation payment.”;
(b) in each of sub-paragraphs (2) to (6) for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
(8) In paragraph 27 of Schedule 7 (capital to be disregarded)—
(a) in sub-paragraph (1A), for “or LGBT Financial Recognition Scheme payment” substitute “, LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment”;
(b) in each of sub-paragraphs (2) to (5) and (6), for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
Amendment of the State Pension Credit Regulations
4 

(1) The State Pension Credit Regulations (Northern Ireland) 2003 are amended in accordance with paragraphs (2) to (4).
(2) In regulation 1(2) (citation, commencement and interpretation)—
(a) after the definition of “MFET Limited”, insert—“
 “miscarriage of justice compensation payment” means—
(a) a payment made under section 133(1) of the Criminal Justice Act 1988; or
(b) any other payment made by the Secretary of State, the Scottish Ministers or, in Northern Ireland, the Department of Justice, for the purpose of compensating a person—
(i) for a miscarriage of justice in criminal proceedings, or
(ii) for being wrongfully charged with a criminal offence;”;
(b) in the definition of “qualifying person” for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
(3) In paragraph 14(8) (persons residing with the claimant) of Schedule 2 (housing costs), after head (be), insert—“
(bf) any miscarriage of justice compensation payment;”.
(4) In paragraph 15 (capital disregarded for the purpose of calculating income) of Schedule 5 (income from capital)—
(a) in sub-paragraph (1A), for “or LGBT Financial Recognition Scheme payment”, substitute “, LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment”;
(b) in each of sub-paragraphs (2) to (5) and (6), for ““or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
Amendment of the Housing Benefit Regulations
5 

(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 “MFET Limited”, insert—“
 “miscarriage of justice compensation payment” means—
(a) a payment made under section 133(1) of the Criminal Justice Act 1988; or
(b) any other payment made by the Secretary of State, the Scottish Ministers or, in Northern Ireland, the Department of Justice, for the purpose of compensating a person—
(i) for a miscarriage of justice in criminal proceedings, or
(ii) for being wrongfully charged with a criminal offence;”;
(b) in the definition of “qualifying person” for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
(3) In regulation 39(7A) (notional income) at the end of sub-paragraph (e), for “.” substitute—“;
(f) a miscarriage of justice compensation payment.”.
(4) In regulation 43(6) (income treated as capital), after “an LGBT Financial Recognition Scheme payment”, insert “, a miscarriage of justice compensation payment”.
(5) In regulation 46(4A) (notional capital), after sub-paragraph (f), insert—“;
(g) a miscarriage of justice compensation payment.”.
(6) In regulation 72(9) (non-dependant deductions), after sub-paragraph (be), insert—“
(bf) any miscarriage of justice compensation payment.;”.
(7) In paragraph 37 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—
(a) in sub-paragraph (1A), at the end of head (e), for “.” substitute—“;
(f) miscarriage of justice compensation payment.”;
(b) in each of sub-paragraphs (2) to (6) for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
(8) In paragraph 25 of Schedule 7 (capital to be disregarded)—
(a) in sub-paragraph (1A) for “or LGBT Financial Recognition Scheme payment” substitute “, LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment”;
(b) in each of sub-paragraphs (2) to (5) and (6) for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
6 

(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 “MFET Limited”, insert—“
 “miscarriage of justice compensation payment” means—
(a) a payment made under section 133(1) of the Criminal Justice Act 1988; or
(b) any other payment made by the Secretary of State, the Scottish Ministers or, in Northern Ireland, the Department of Justice, for the purpose of compensating a person—
(i) for a miscarriage of justice in criminal proceedings, or
(ii) for being wrongfully charged with a criminal offence;”;
(b) in the definition of “qualifying person” for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
(3) In regulation 53(10) (non-dependant deductions) after sub-paragraph (be), insert—“
(bf) any miscarriage of justice compensation payment;”.
(4) In paragraph 16 of Schedule 7 (capital to be disregarded)—
(a) in sub-paragraph (1A) for “or LGBT Financial Recognition Scheme payment” substitute “, LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment”;
(b) in each of sub-paragraphs (2) to (5) and (6) “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
Amendment of the Employment and Support Allowance Regulations
7 

(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 “MFET Limited”, insert—“
 “miscarriage of justice compensation payment” means—
(a) a payment made under section 133(1) of the Criminal Justice Act 1988; or
(b) any other payment made by the Secretary of State, the Scottish Ministers or, in Northern Ireland, the Department of Justice, for the purpose of compensating a person—
(i) for a miscarriage of justice in criminal proceedings, or
(ii) for being wrongfully charged with a criminal offence;”;
(b) in the definition of “qualifying person” for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
(3) In regulation 107(5A) (notional income – income due to be paid or income paid to or in respect of a third party), at the end of sub-paragraph (e), for “.”, substitute—“;
(f) a miscarriage of justice compensation payment.”.
(4) In regulation 112(8)(b) (income treated as capital), at the end of head (v), for “.” substitute—“;
(vi) miscarriage of justice compensation payment.”.
(5) In regulation 115(5A) (notional capital), at the end of sub-paragraph (f), for “.” substitute—“;
(g) a miscarriage of justice compensation payment.”.
(6) In Schedule 6 (housing costs), in paragraph 19(8)(b) (non-dependant deductions), for “or LGBT Financial Recognition Scheme payment” substitute “, LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment”.
(7) In paragraph 40 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—
(a) in sub-paragraph (1A), at the end of head (e), for “.” substitute—“;
(f) miscarriage of justice compensation payment.”.
(b) in each of sub-paragraphs (2) to (5) and (6) for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
(8) In paragraph 27 of Schedule 9 (capital to be disregarded)—
(a) in sub-paragraph (1A) for “or LGBT Financial Recognition Scheme payment” substitute “, LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment”;
(b) in each of sub-paragraphs (2) to (5) and (6) for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment”.
Amendment of the Universal Credit Regulations
8 

(1) The Universal Credit Regulations (Northern Ireland) 2016 are amended as follows.
(2) In regulation 76 (special schemes for compensation etc.)—
(a) after paragraph (1C) insert—“
(1D) This regulation also applies where a person—
(a) receives a miscarriage of justice compensation payment or is a person for whose benefit such a payment is made;
(b) is the partner of a person to whom sub-paragraph (a) refers, and receives a payment by or on behalf of that person which is derived from the miscarriage of justice compensation payment;
(c) was the partner of a person to whom sub-paragraph (a) refers immediately before their death and receives a payment from their estate which is derived from a miscarriage of justice compensation payment;
(d) in a case where a miscarriage of justice compensation payment is made to the personal representative of a deceased person (“P”), was P’s partner immediately before P’s death and receives a payment from P’s estate which is derived from the miscarriage of justice compensation payment.”;
(b) in paragraph (4), after the definition of “the Horizon system”, insert—“
 “miscarriage of justice compensation payment” means—
(a) a payment made under section 133(1) of the Criminal Justice Act 1988; or
(b) any other payment made by the Secretary of State, the Scottish Ministers or, in Northern Ireland, the Department of Justice, for the purpose of compensating a person—
(i) for a miscarriage of justice in criminal proceedings, or
(ii) for being wrongfully charged with a criminal offence;”.
Sealed with the Official Seal of the Department for Communities on 1stJuly 2025
(L.S.)David Tarr
A senior officer of the Department for Communities
The Department of Finance hereby consents to regulations 5 and 6 of the foregoing regulations.Sealed with the Official Seal of the Department of Finance on 1stJuly 2025
(L.S.)Jeff McGuinness
A senior officer of the Department of Finance
