N.I.
Welfare Reform Act (Northern Ireland) 2007
2007 CHAPTER 2
An Act to make provision about social security and for connected purposes.
[29th June 2007]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
PART 1 N.I.EMPLOYMENT AND SUPPORT ALLOWANCE
EntitlementN.I.
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Assessments relating to entitlementN.I.
Limited capability for workN.I.
Limited capability for work-related activityN.I.
ReportN.I.
ConditionalityN.I.
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Income and capital: generalN.I.
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Supplementary provisionsN.I.
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Transition relating to Part 1N.I.
PART 2 N.I.HOUSING BENEFIT
Local housing allowanceN.I.
30—(1) In section 129 of the Contributions and Benefits Act (housing benefit) subsection (4) ceases to have effect.
(2) After that section insert—
“129A Appropriate maximum housing benefit
(1) For the purposes of section 129 above, the appropriate maximum housing benefit (in this section referred to as “the AMHB”) is determined in accordance with this section.
(2) Regulations must prescribe the manner in which the AMHB is to be determined.
(3) The regulations may provide for the AMHB to be ascertained in the prescribed manner by reference to Executive determinations.
(4) The regulations may make provision as to the circumstances in which, for the purpose of determining the AMHB, the amount of the liability mentioned in section 129(1)(a) above must be taken to be the amount of an Executive determination instead of the actual amount of that liability.
(5) Regulations under subsection (4) above may also make provision for the liability of a person who, by virtue of regulations under section 133(2)(j) below, is treated as having a liability mentioned in section 129(1)(a) above to be the amount of an Executive determination.
(6) An Executive determination is a determination made by the Executive in the exercise of functions under this section or regulations under this section.”.
(3) In Schedule 7 to the 2000 Act (housing benefit: revisions and appeals), in paragraph 4—
(a)in sub-paragraph (1) for “sub-paragraph (4)” substitute “ sub-paragraphs (3) and (3A) ”;
(b)after sub-paragraph (3) insert—
“(3A) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision relating to housing benefit must be made by the appropriate relevant authority.”.
Prospective
Loss of housing benefit following eviction for anti-social behaviour, etc.N.I.
31—(1) After section 129A of the Contributions and Benefits Act (inserted by section 30) insert—
“129B Loss of housing benefit following eviction on certain grounds
(1) If the following conditions are satisfied, then housing benefit is payable in the case of a person (“the former occupier”) subject to subsection (3) below—
(a)a court makes a relevant order for possession of a dwelling occupied by him as his home;
(b)in consequence of the order he ceases to occupy the dwelling;
(c)the condition in subsection (2) below is satisfied; and
(d)the conditions for entitlement to housing benefit are or become satisfied with respect to him.
(2) The condition in this subsection is that the former occupier fails, without good cause, to comply with a warning notice served on him by the Executive after he has ceased to occupy the dwelling.
(3) During the restriction period or such part of it as may be prescribed, one or both of the following applies—
(a)the rate of the benefit is reduced in such a manner as may be prescribed;
(b)the benefit is payable only if the circumstances are such as may be prescribed.
(4) The restriction period begins with the earliest date on which the conditions set out in subsections (1) and (2) above are satisfied.
(5) That period stops running if the Executive considers that the restriction set out in subsection (3) above should no longer apply (whether because the former occupier is taking action to improve his behaviour or for any other reason), but starts running again if the former occupier fails to comply with a further warning notice served on him.
(6) The restriction period shall not include any period which falls more than five years after the date on which the order for possession was made.
(7) A former occupier may not be subject to more than one restriction period in respect of one order for possession.
(8) A warning notice is a notice in the prescribed form—
(a)requiring the former occupier to take specified action with the aim of ending, or preventing repetition of, the conduct which may lead or has led to the making of a relevant order for possession,
(b)specifying the time when, or within which, that action must be taken, and
(c)warning the former occupier that if he fails to take the action the amount of housing benefit payable to him would be affected.
129C Relevant orders for possession
(1) In section 129B above a relevant order for possession is—
(a)an order made under Article 29 of the Housing (Northern Ireland) Order 1983 (secure tenancies) on ground 2 set out in Schedule 3 to that Order;
(b)an order made under Article 13 of the Rent (Northern Ireland) Order 1978 (protected or statutory tenancies) in the circumstances specified in Case 2 in Schedule 4 to that Order.
(2) For the purposes of subsection (1) above it does not matter whether the order is made on the grounds or in the circumstances there mentioned alone or together with other grounds or circumstances.
(3) Subsections (4) and (5) below apply if the court—
(a)stays or suspends the execution of a relevant order for possession, or postpones the date of possession under it, and
(b)imposes a condition (or conditions) on that stay, suspension or postponement.
(4) If a condition relates to the behaviour of a person or persons occupying the dwelling, section 129B(3) above applies only if the order takes effect as a result of a breach of that condition.
(5) Section 129B(3) above does not apply if the condition (or, if there is more than one, each of them) relates only to matters other than the behaviour of a person or persons occupying the dwelling.
129D Loss of housing benefit: supplementary
(1) Regulations may provide that, where housing benefit has been paid subject to the restriction set out in section 129B(3) above, in prescribed circumstances—
(a)the former occupier must be paid some or all of the amount of the benefit which, by virtue of that subsection, has not been payable to him, and
(b)such other adjustments must be made as are prescribed.
(2) The Department may by order vary the definition of relevant order for possession by—
(a)adding to or removing from it orders of a specified description;
(b)specifying circumstances in which it includes orders of a specified description.
(3) Regulations may prescribe—
(a)matters which are, or are not, to be taken into account in determining whether a person has, or does not have, good cause for failing to take action specified in a warning notice;
(b)circumstances in which a person is, or is not, to be regarded as having, or not having, such good cause.
(4) Expressions used in this section and in section 129B above have the meaning given in that section.
129E Couples
(1) This section applies where at any time the conditions for entitlement to housing benefit are satisfied with respect to a person who is a member of a couple.
(2) Where paragraphs (a) and (b) of section 129B(1) above are satisfied in relation to both members of the couple (whether or not in respect of the same dwelling), then for the purposes of subsection (2) of that section, the failure by one member of the couple to comply with a warning notice must be treated also as a failure by his partner to comply with it.
(3) Where paragraph (a) of section 129B(1) above is not satisfied in relation to one member of the couple, then subsection (3) of that section does not apply to his partner (even if paragraphs (a), (b) and (c) of section 129B(1) above are satisfied in relation to the partner).
(4) References to a person's partner are to the other member of the couple concerned.
129F Information provision
(1) The Department may by regulations require—
(a)a court which makes a relevant order for possession, or
(b)any other person or description of person who the Department thinks is or may be aware of the making of such an order,
to notify the Department of the making of the order and to provide it with such details of matters in connection with the order as may be prescribed.
(2) The Department may provide—
(a)information obtained under subsection (1) above, or
(b)information which is relevant to the exercise by the Department of any function relating to housing benefit,
to the Executive, or a person authorised to exercise any function of the Executive relating to services to a former occupier with the aim mentioned in section 129B(8)(a) above, for use in the provision of such services.
(3) The Department may by regulations require—
(a)the Executive, or
(b)a person authorised to exercise any function of the Executive relating to services mentioned in subsection (2) above,
to supply relevant information held by the Executive or other person to, or to a person providing services to, the Department for use for any purpose relating to the administration of housing benefit.
(4) The Department may by regulations require—
(a)the Executive,
(b)a person authorised to exercise any function of the Executive relating to housing benefit, or
(c)a person authorised to exercise any function of the Executive relating to services mentioned in subsection (2) above,
to provide relevant information, held by the Executive or person, to the Executive or person mentioned in paragraph (b) above for use for any purpose relating to the administration of housing benefit.
(5) The Department may by regulations require—
(a)the Executive,
(b)a person authorised to exercise any function of the Executive relating to housing benefit, or
(c)a person authorised to exercise any function of the Executive relating to services mentioned in subsection (2) above,
to provide relevant information, held by the Executive or person, to the Executive or person mentioned in paragraph (c) above for use in the provision of those services.
(6) Relevant information is, if the information is held by the Executive or a person authorised to exercise any function of the Executive—
(a)information which is relevant to the exercise of any function relating to housing benefit by the Executive or person;
(b)information which is relevant to the exercise of any function relating to the provision of services mentioned in subsection (2) above.
(7) Information must be supplied under subsection (1), (3), (4) or (5) above in such circumstances, in such manner and form, and in accordance with such requirements, as may be prescribed.
(8) “Relevant order for possession” has the same meaning as in section 129B above.”.
(2) In section 172(2) of that Act (Assembly control)—
(a)in paragraph (a), after “104(3)” insert “ , 129B(3) ”;
(b)in paragraph (c), after “35A(7),” insert “ 129D(2), ”.
(3) The preceding provisions of this section have no effect after 31st December 2010.
(4) The Department may by order make such provision as it thinks necessary or expedient in consequence of the operation of subsection (3) for the purpose of securing that, with effect from 1st January 2011, housing benefit to which a person who is a former occupier (within the meaning of section 129B of the Contributions and Benefits Act) is entitled is not subject to any restriction as mentioned in subsection (3) of that section.
Housing benefit for persons taking up employmentN.I.
32—(1) Subsection (2) applies if a person is entitled to housing benefit (by virtue of the general conditions of entitlement) and—
(a)he is also entitled to a prescribed benefit or his partner is entitled to such a benefit,
(b)he or his partner ceases to be entitled to the prescribed benefit in prescribed circumstances, and
(c)the prescribed conditions are satisfied.
(2) That person is entitled to housing benefit in accordance with this section for a prescribed period.
(3) Subsection (2) applies whether or not the person would be entitled to housing benefit by virtue of the general conditions of entitlement for the whole or any part of the prescribed period.
(4) A person who is entitled to housing benefit by virtue of subsection (2) must be treated for all purposes—
(a)as having made a claim for that benefit, and
(b)as having complied with any requirement under or by virtue of any statutory provision in connection with the making of such a claim.
(5) The amount of housing benefit payable in respect of a person who is entitled to the benefit by virtue of subsection (2) is to be determined in accordance with regulations made for the purposes of this section.
(6) If an amount of housing benefit is, by virtue of subsection (2), payable in respect of a person for any period, no other amount of housing benefit is (by virtue of the general conditions of entitlement) payable in respect of that person for the same period.
(7) Regulations may make provision in connection with the effect of a person's entitlement to housing benefit by virtue of subsection (2) on an award of such benefit by virtue of the general conditions of entitlement in respect of that person or his partner.
(8) Regulations may make provision as to circumstances in which subsection (6) does not apply.
(9) For the purposes of subsection (1) a person must be treated as entitled to housing benefit by virtue of the general conditions of entitlement if—
(a)he is not so entitled to that benefit at the time he or his partner ceases to be entitled to the prescribed benefit as mentioned in subsection (1)(b), and
(b)his entitlement to housing benefit ceased during the prescribed period before that time.
Section 32: supplementalN.I.
33—(1) The administration provisions apply in relation to housing benefit to which a person is entitled by virtue of subsection (2) of section 32 subject to—
(a)subsection (4) of that section;
(b)any prescribed modifications of those provisions which the Department thinks are necessary or expedient in connection with such housing benefit.
(2) In this section the administration provisions are—
(a)the Administration Act;
(b)any orders or regulations made in pursuance of that Act.
(3) The power to make regulations under this section or section 32 is exercisable by the Department.
(4) Regulations made under this section or section 32 shall be subject to negative resolution.
(5) Where a power under this section or section 32 to make regulations is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.
(6) Any such power includes power—
(a)to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking statutory provisions) as appears to the Department to be expedient; and
(b)to provide for a person to exercise a discretion in dealing with any matter.
(7) Any power to make regulations for the purposes of this section or section 32 is without prejudice to any power to make regulations for the purposes of any other statutory provision.
(8) Without prejudice to section 17(5) of the Interpretation Act (Northern Ireland) 1954 (c. 33), any power conferred by this section or section 32 includes power to make different provision for different areas.
(9) Regulations under this section or section 32 relating to housing benefit administered by the Department of Finance and Personnel shall not be made without the consent of that Department.
(10) Any power to make regulations under this section or section 32, where the power is not expressed to be exercisable with the consent of the Department of Finance and Personnel shall, if that Department so directs, be exercisable only in conjunction with it.
(11) In section 149 of the Administration Act (Social Security Advisory Committee) in subsection (5) in the definition of “the relevant enactments”, before paragraph (b) insert—
“(aj)sections 32 and 33 of the Welfare Reform Act (Northern Ireland) 2007;”.
(12) For the purposes of any statutory provision other than a relevant statutory provision entitlement to housing benefit by virtue of section 32(2) is to be treated as entitlement under section 129 of the Contributions and Benefits Act.
(13) In subsection (12), the relevant statutory provisions are—
(a)the administration provisions, and
(b)Part 7 of the Contributions and Benefits Act, except sections 122 and 130(2) and (3).
Sections 32 and 33: interpretationN.I.
34—(1) This section has effect for the interpretation of sections 32 and 33.
(2) The general conditions of entitlement are the conditions governing entitlement to housing benefit provided for by Part 7 of the Contributions and Benefits Act.
(3) Partner, in relation to a person, is a person who is a member of the same couple (within the meaning of Part 7 of the Contributions and Benefits Act) as that person.
(4) Prescribed means prescribed by regulations made by the Department.
Prospective
Payment of housing benefitN.I.
35 In section 126 of the Administration Act (arrangements for housing benefit), for subsection (2) substitute—
“(2) Housing benefit is to be paid in such manner as is prescribed, and regulations may, in particular, provide for—
(a)a payment or payments by the Housing Executive or the Department of Finance and Personnel, as the case may be, to the person entitled to it (E), to some other person on E's behalf or in respect of a liability which E has,
(b)a reduction in the amount of any payments which E is liable to make to the Housing Executive or the Department of Finance and Personnel, as the case may be, by way of rent or rates, or
(c)such a payment or payments and such a reduction.
(2A) In any statutory provision (whenever passed or made) “pay” in relation to housing benefit includes discharge in any manner prescribed under subsection (2) above.
(2B) Subsection (2) above does not affect any power under section 5 above to make provision in relation to the payment of benefit.”.
Directions by DepartmentN.I.
36—(1) Section 128D of the Administration Act (power to give directions) is amended in accordance with subsections (2) to (6).
(2) In subsection (2) for “invite” substitute “ require ”.
(3) After subsection (2) insert—
“(2A) A requirement under subsection (2) above may specify—
(a)any information or description of information to be provided;
(b)the form and manner in which the information is to be provided.
(2B) The Housing Executive must respond to a requirement under subsection (2) above before the end of such period (not less than one month after the day on which the requirement is made) as the Department specifies in the requirement.
(2C) The Department may extend the period specified under subsection (2B) above.”.
(4) For subsection (3) substitute—
“(3) After considering—
(a)the report,
(b)any proposals made by the Housing Executive in response to it, and
(c)any other information the Department thinks is relevant,
the Department may give directions to the Housing Executive under subsection (3A) or (3B) below or both.
(3A) Directions under this subsection are directions as to—
(a)standards which the Housing Executive is to attain in the prevention and detection of fraud relating to housing benefit or otherwise in the administration of that benefit;
(b)the time within which the standards are to be attained.
(3B) Directions under this subsection are directions to take such action as the Department thinks necessary or expedient for the purpose of improving the Housing Executive's exercise of its functions—
(a)in relation to the prevention and detection of fraud relating to housing benefit;
(b)otherwise in relation to the administration of that benefit.
(3C) A direction under subsection (3B) above may specify the time within which anything is to be done.”.
(5) In subsection (4), for “subsection (3)” substitute “ subsection (3A) ”.
(6) After subsection (4) add—
“(5) If the Department proposes to give a direction under this section it must give the Housing Executive an opportunity to make representations about the proposed direction.
(6) The Department may specify a period within which representations mentioned in subsection (5) above must be made.
(7) The Department may extend a period specified under subsection (6) above.
(8) Subsections (5) to (7) above do not apply if the Department thinks that it is necessary for a direction to be given as a matter of urgency.
(9) If the Department acts under subsection (8) above it must give in writing to the Housing Executive its reasons for doing so.”.
(7) After section 128D of that Act insert—
“128DA Directions: variations and revocation
(1) The Department may at any time in accordance with this section vary or revoke a direction under section 128D above.
(2) A direction may be varied or revoked only if the Department thinks it is necessary to do so—
(a)in consequence of representations made by the Housing Executive,
(b)to rectify an omission or error, or
(c)in consequence of a material change in circumstances.
(3) The Department must not vary a direction unless it first—
(a)sends a copy of the proposed variation to the Housing Executive,
(b)gives the Housing Executive its reasons for making the variation, and
(c)gives the Housing Executive an opportunity to make representations about the proposed variation.
(4) The Department may specify a period of not less than one month within which representations mentioned in subsection (3)(c) above must be made.
(5) The Department may extend a period specified under subsection (4) above.”.
Minor and consequential amendments relating to Part 2N.I.
37 Schedule 5 (which makes miscellaneous minor amendments and amendments consequential on this Part) has effect.
Commencement Information
I27S. 37 partly in operation; s. 37 in operation for certain purposes at 29.6.2007 see s. 60(1)(2)(b); s. 37 in operation for certain purposes at 1.4.2008 by S.R. 2008/147, art. 2(c)
PART 3 N.I.SOCIAL SECURITY ADMINISTRATION: GENERAL
Sharing of social security informationN.I.
Social security informationN.I.
38—(1) In the Administration Act, after section 5A (sharing of functions as regards certain claims and information) insert—
“5B Use of social security information
(1) A relevant authority may use for a relevant purpose any social security information which it holds.
(2) Regulations may make provision as to the procedure to be followed by a relevant authority for the purposes of any function it has relating to the administration of a specified benefit if the authority holds social security information which—
(a)is relevant for the purposes of anything which may or must be done by the authority in connection with a claim for or an award of the benefit, and
(b)was used by another relevant authority in connection with a claim for or an award of a different specified benefit or was verified by that other authority in accordance with regulations under section 5A(2)(e) above.
(3) A relevant purpose is anything which is done in relation to a claim which is made or which could be made for a specified benefit if it is done for the purpose of—
(a)identifying persons who may be entitled to such a benefit;
(b)encouraging or assisting a person to make such a claim;
(c)advising a person in relation to such a claim.
(4) Social security information means—
(a)information relating to social security, child support or war pensions;
(b)evidence obtained in connection with a claim for or an award of a specified benefit.
(5) A specified benefit is a benefit which is specified in regulations for the purposes of this section.
(6) Expressions used in this section and in section 5A have the same meaning in this section as in that section.
(7) This section does not affect any power which exists apart from this section to use for one purpose social security information obtained in connection with another purpose.”.
(2) In section 5A of that Act—
(a)in subsection (2) after paragraph (d) add—
“(e)the verification by a relevant authority of information or evidence supplied to or obtained by the authority in connection with a claim for or an award of a relevant benefit.”;
(b)in subsection (3) for “and (d)” substitute “ , (d) and (e) ”.
Commencement Information
I28S. 38 wholly in operation at 8.10.2007; s. 38(2) in operation at Royal Assent see s. 60(1)(2)(a); s. 38(1) in operation at 8.10.2007 by S.R. 2007/429, art. 2(1)(a)
Overpayment recoveryN.I.
Recovery of overpaid benefitN.I.
41—(1) Section 69 of the Administration Act (overpayments) is amended as follows.
(2) Subsection (5) (recovery of overpayments paid into account not recoverable under regulations under subsection (4) unless determination of amount is reversed on appeal etc. and overpayment is determined on the appeal etc. to be so recoverable) ceases to have effect.
(3) In subsection (5A) (recovery of overpayments paid in consequence of misrepresentation etc. not recoverable under subsection (1) unless determination of amount is reversed on appeal etc.) for “under subsection (1) above” substitute “ under subsection (1) above or under regulations under subsection (4) above ”.
Benefit fraudN.I.
Prospective
Housing Executive powers to investigate benefit fraudN.I.
42—(1) Section 104A of the Administration Act (authorisation of investigations by the Housing Executive) is amended as follows.
(2) In subsection (1) for “any one or more of the purposes mentioned in subsection (2) below” substitute “ a relevant purpose ”.
(3) After subsection (1) insert—
“(1A) Each of the following is a relevant purpose—
(a)a purpose mentioned in subsection (2) below;
(b)a purpose mentioned in section 103A(2)(a), (c) or (d) above.
(1B) If the Department prescribes conditions for the purposes of this section, the Housing Executive must not proceed under this section for a purpose mentioned in section 103A(2)(a), (c) or (d) above unless any such condition is satisfied.
(1C) An authorisation made for a purpose mentioned in section 103A(2)(a), (c) or (d) above—
(a)is subject to such restrictions as may be prescribed;
(b)is not valid in such circumstances as may be prescribed.”.
(4) In subsection (2) for “Those purposes” substitute “ The purposes in this subsection ”.
(5) In subsection (7) after paragraph (c) add— “ but paragraphs (a) and (b) above do not apply in any case where the relevant purpose is as mentioned in subsection (1A)(b) above. ”.
Prospective
Housing Executive powers to prosecute benefit fraudN.I.
43 After section 110 of the Administration Act (legal proceedings) insert—
“110A Housing Executive powers to prosecute benefit fraud
(1) This section applies if the Housing Executive has power to bring proceedings for a benefit offence relating to housing benefit.
(2) The Housing Executive may bring proceedings for a benefit offence relating to any other relevant social security benefit unless—
(a)the proceedings relate to any benefit or circumstances or any description of benefit or circumstances which the Department prescribes for the purposes of this paragraph, or
(b)the Department has directed that the Housing Executive must not bring the proceedings,
and a direction under paragraph (b) above may relate to the Housing Executive or to particular proceedings or any description of proceedings.
(3) If the Department prescribes conditions for the purposes of this section the Housing Executive must not bring proceedings under this section unless any such condition is satisfied.
(4) The Department may continue proceedings which have been brought by the Housing Executive under this section as if the proceedings had been brought in the Department's name or it may discontinue the proceedings if—
(a)it makes provision under subsection (2)(a) above, such that the Housing Executive would no longer be entitled to bring the proceedings under this section,
(b)it gives a direction under subsection (2)(b) above in relation to the proceedings, or
(c)a condition prescribed under subsection (3) above ceases to be satisfied in relation to the proceedings.
(5) The Housing Executive must not bring proceedings for a benefit offence which does not relate to housing benefit otherwise than in accordance with this section.
(6) In subsection (2) above, “relevant social security benefit” has the same meaning as in section 115CA below.”.
Prospective
Housing Executive functions relating to benefit: informationN.I.
44—(1) Section 116C of the Administration Act (supply of information to the Housing Executive) is amended as follows—
(a)in subsection (2) at the end add “ or for the purposes of anything the Housing Executive is permitted to do in relation to any other benefit by virtue of section 104A or 110A above ”;
(b)in subsection (3)(a) for “offences relating to housing benefit” substitute “ benefit offences (within the meaning of Part 6 above) ”.
(2) Section 116D of that Act (supply of information by the Housing Executive) is amended as follows—
(a)in subsection (1), for “benefit administration information” substitute “ relevant benefit information ”;
(b)in subsection (2A), after “subsection (2)” insert “ , in addition to any other purpose for which the information may be used, ”;
(c)for subsection (4) substitute—
“(4) In subsection (1) above “relevant benefit information”, in relation to the Housing Executive or other person, means any information which is relevant to the exercise of any function relating to a relevant social security benefit by the Housing Executive or other person.”;
(d)in subsection (5), in each place where it occurs, for “housing benefit” substitute “ any relevant social security benefit ”;
(e)in subsection (6), after the definition of “private pensions policy” insert—
““relevant social security benefit” has the same meaning as in section 115CA above;”.
(3) In section 119A of that Act (power to require information from landlords and agents), in subsection (8) for “benefit administration information” substitute “ relevant benefit information ”.
Loss of benefit for commission of benefit offencesN.I.
45—(1) In section 6 of the Social Security Fraud Act (Northern Ireland) 2001 (c. 17) (loss of benefit for commission of benefit offences) in subsection (1)(b) (period within which later offence must be committed), for “three years” substitute “ five years ”.
(2) The amendment made by subsection (1) shall be disregarded insofar as the application of section 6(1)(b) of that Act involves considering whether an offence committed before the day on which this section comes into operation was committed within the relevant period.
PART 4 N.I.MISCELLANEOUS
Benefits for bereaved personsN.I.
Widowed mother's allowanceN.I.
46 In section 37(2) of the Contributions and Benefits Act (which links entitlement to widowed mother's allowance on the ground of being entitled to child benefit to whether one of the conditions specified in section 77(5) of the Act is satisfied), omit the words from “one of the conditions” to “person and”.
Widowed parent's allowanceN.I.
47 In section 39A(3) of the Contributions and Benefits Act (which links entitlement to widowed parent's allowance on the ground of being entitled to child benefit to whether one of the conditions specified in section 77(5) of the Act is satisfied), omit the words from “one of the conditions” to “person and”.
Disability living allowance: age conditionsN.I.
Care component of disability living allowance: persons under the age of 16N.I.
48—(1) Section 72 of the Contributions and Benefits Act (care component of disability living allowance) is amended as follows.
(2) After subsection (1) insert—
“(1A) In its application to a person in relation to so much of a period as falls before the day on which he reaches the age of 16, subsection (1) above has effect subject to the following modifications—
(a)the condition mentioned in subsection (1)(a)(ii) above shall not apply, and
(b)none of the other conditions mentioned in subsection (1) above shall be taken to be satisfied unless—
(i)he has requirements of a description mentioned in the condition substantially in excess of the normal requirements of persons of his age, or
(ii)he has substantial requirements of such a description which younger persons in normal physical and mental health may also have but which persons of his age and in normal physical and mental health would not have.”.
(3) After subsection (2) insert—
“(2A) The modifications mentioned in subsection (1A) above shall have effect in relation to the application of subsection (1) above for the purposes of subsection (2) above, but only—
(a)in the case of a person who is under the age of 16 on the date on which the award of the care component would begin, and
(b)in relation to so much of any period mentioned in subsection (2) above as falls before the day on which he reaches the age of 16.”.
(4) In subsection (5) (terminally ill person to be taken to have satisfied the conditions mentioned in subsection (1)(b) and (c)), after “person, shall” insert “ (notwithstanding subsection (1A)(b) above) ”.
(5) Subsection (6) (modifications for persons under 16) ceases to have effect.
(6) In subsection (7), for “subsections (5) and (6)” substitute “ subsection (5) ”.
(7) After that subsection insert—
“(7A) Subsection (1A) above has effect subject to regulations made under subsection (7) above (except as otherwise prescribed).”.
Mobility component of disability living allowance: persons under the age of 16N.I.
49—(1) Section 73 of the Contributions and Benefits Act (mobility component of disability living allowance) is amended as follows.
(2) For subsection (4) substitute—
“(4A) In its application to a person in relation to so much of a period as falls before the day on which he reaches the age of 16, subsection (1) above has effect subject to the modification that the condition mentioned in paragraph (d) of that subsection shall not be taken to be satisfied unless—
(a)he requires substantially more guidance or supervision from another person than persons of his age in normal physical and mental health would require, or
(b)persons of his age in normal physical and mental health would not require such guidance or supervision.”.
(3) In subsection (5), omit “Subject to subsection (4) above,”.
(4) After that subsection insert—
“(5A) Subsection (4A) above has effect subject to regulations made under subsection (5) above (except as otherwise prescribed).”.
(5) After subsection (9) insert—
“(9A) The modifications mentioned in subsection (4A) above shall have effect in relation to the application of subsection (1) above for the purposes of subsection (9) above, but only—
(a)in the case of a person who is under the age of 16 on the date on which the award of the mobility component would begin, and
(b)in relation to so much of any period mentioned in subsection (9) above as falls before the day on which he reaches the age of 16.”.
Social fundN.I.
Matters to which regard must be had in awarding budgeting loansN.I.
50 In section 136(1A) of the Contributions and Benefits Act (principles for determining awards of budgeting loans)—
(a)in paragraph (b) (duty to have regard to criteria specified in paragraphs (b) to (e) of subsection (1)), for “(b) to (e)” substitute “ (b), (d) and (e) ”, and
(b)the words following paragraph (b) (which enable the Department to give directions about cases in which the applicant's personal circumstances would preclude the award of a budgeting loan) cease to have effect.
Allocations from Social FundN.I.
51—(1) Section 147 of the Administration Act (allocations from social fund) is amended as follows.
(2) In subsection (1) (duty of Department to allocate amounts for payments from the social fund such as are mentioned in section 134(1)(b) of the Contributions and Benefits Act), after “Act” insert “ (in this section referred to as “section 134(1)(b) payments”) ”.
(3) In subsection (3) (types of allocation that may be made)—
(a)for paragraph (a) substitute—
“(a)may be for all section 134(1)(b) payments or for any description of such payments;”;
(b)in paragraph (b) (power to allocate different amounts for different purposes), for “different purposes” substitute “ payments of different descriptions ”; and
(c)in paragraph (d) (additional allocations), omit the words from “to the same officer” to the end.
(4) After subsection (3) insert—
“(3A) Without prejudice to the generality of subsection (3)(a) above, descriptions of section 134(1)(b) payments may, in particular, be framed by reference to—
(a)the purposes for which payments are made;
(b)the persons by whom payments are made (including where such persons are located);
(c)the persons to whom payments are made (including where such persons are located).”.
Compensation for pneumoconiosis etc.N.I.
“Relevant employer”N.I.
52—(1) The Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (NI 9) is amended as follows.
(2) In Article 2(2) (interpretation), at the end add—
““relevant employer” has the meaning given in the Schedule.”.
(3) In Article 3(3)(b) (payments to persons disabled by pneumoconiosis, etc.) for the words from “every person” to “disablement,” substitute “ every relevant employer of the person so disabled ”.
(4) In Article 11(2) (regulations subject to affirmative resolution), after “Article 4” insert “ , regulations under paragraph 9 of the Schedule ”.
(5) Insert the Schedule (definition of “relevant employer”) set out in Schedule 6.
Commencement Information
I30S. 52 wholly in operation at 10.8.2007; s. 52 not in operation at Royal Assent see s. 60(1); s. 52 in operation for specified purpose at 19.7.2007 and in operation at 10.8.2007 for all other purposes by S.R. 2007/335, art. 2
“Dependant”N.I.
53—(1) In Article 5 of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (NI 9) (meaning of “dependant”), for paragraph (1)(c) substitute—
“(c)if neither sub-paragraph (a) nor sub-paragraph (b) applies but the deceased left a person who was residing with him and with whom he was in a qualifying relationship, that person;”.
(2) After paragraph (2) of that Article insert—
“(2A) For the purposes of paragraph (1)(c)—
(a)two persons of the opposite sex are in a qualifying relationship if they are living together as husband and wife;
(b)two persons of the same sex are in a qualifying relationship if they are living together as if they were civil partners.
(2B) For the purposes of paragraph (2A)(b), two persons of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.”.
(3) In Schedule 22 to the Civil Partnership Act 2004 (c. 33) (existing provisions to which the provisions of section 246 about interpretation of references to stepchildren apply), after paragraph 6 insert—
“6A
Article 5(3) of the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 (“child” and “relative”: establishment of relationship).”.
OtherN.I.
Power to stop payment of allowances to care home residentsN.I.
54—(1) In section 67 of the Contributions and Benefits Act (exclusions relating to attendance allowance) for subsection (2) substitute—
“(2) Regulations may provide that an attendance allowance shall not be payable in respect of a person for a period when he is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.
(3) The reference in subsection (2) above to a care home is to an establishment that provides accommodation together with nursing or personal care.
(4) The following are qualifying services for the purposes of subsection (2) above—
(a)accommodation,
(b)board, and
(c)personal care.
(5) The reference in subsection (2) above to a specified enactment is to an enactment which is, or is of a description, specified for the purposes of that subsection by regulations.
(6) The power to specify an enactment for the purposes of subsection (2) above includes power to specify it only in relation to its application for a particular purpose.”.
(2) In section 72 of that Act (care component of disability living allowance), for subsection (8) substitute—
“(8) Regulations may provide that no amount in respect of a disability living allowance which is attributable to entitlement to the care component shall be payable in respect of a person for a period when he is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.
(9) The reference in subsection (8) above to a care home is to an establishment that provides accommodation together with nursing or personal care.
(10) The following are qualifying services for the purposes of subsection (8) above—
(a)accommodation,
(b)board, and
(c)personal care.
(11) The reference in subsection (8) above to a specified enactment is to an enactment which is, or is of a description, specified for the purposes of that subsection by regulations.
(12) The power to specify an enactment for the purposes of subsection (8) above includes power to specify it only in relation to its application for a particular purpose.”.
Medical examinationsN.I.
55—(1) The 1998 Order is amended as follows.
(2) In Article 2 (interpretation), in paragraph (2), after the definition of “the Department” insert—
““health care professional” means—
(a)a registered medical practitioner;
(b)a registered nurse;
(c)an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999 (c. 8); or
(d)a member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) as the Department may prescribe;”.
(3) In Article 19 (medical examination required by the Department), in paragraphs (1) and (2)(b), for “medical practitioner” substitute “ health care professional approved by the Department ”.
(4) In Article 20 (medical examination required by appeal tribunal), in paragraph (2), for “medical practitioner” substitute “ health care professional approved by the Department ”.
(5) In that Article, after paragraph (2), insert—
“(2A) The power under paragraph (2) to refer a person to a health care professional approved by the Department includes power to specify the description of health care professional to whom the person is to be referred.”.
Minor and consequential amendments relating to Part 4N.I.
56 Schedule 7 (which makes miscellaneous minor amendments and amendments consequential on this Part) has effect.
Commencement Information
I32S. 56 wholly in operation at 27.10.2008; s. 56 in operation for certain purposes at Royal Assent see s. 60(1)(2)(c); s. 56 in operation for certain purposes at 8.10.2007 by S.R. 2007/429, art. 2(1)(d); s. 56 in operation at 27.10.2008 in so far as not already in operation by S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2
PART 5 N.I.GENERAL
InterpretationN.I.
57—(1) In this Act—
“the 1998 Order” means the Social Security (Northern Ireland) Order 1998 (NI 10);
“the 2000 Act” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4);
“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992 (c. 8);
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);
“the Department” (except in section 16) means the Department for Social Development;
“the Housing Executive” means the Northern Ireland Housing Executive;
“the Jobseekers Order” means the Jobseekers (Northern Ireland) Order 1995 (NI 15);
“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).
(2) In the application, for the purposes of this Act, of—
(a)section 24(1) of the Interpretation Act (Northern Ireland) 1954 (service of documents by post) omit the word “registering”;
(b)section 39(2) of that Act (time beginning on a particular day), omit the word “not”.
RepealsN.I.
58 The statutory provisions specified in Schedule 8 are hereby repealed to the extent specified.
Commencement Information
I33S. 58 partly in operation; s. 58 in operation for certain purposes at Royal Assent see s. 60(1)(2)(d); s. 58 in operation for certain purposes at 8.10.2007 by S.R. 2007/429, art. 2(1)(e); s. 58 in operation for certain purposes at 7.4.2008 by S.R. 2008/93, art. 2(b); s. 58 in operation for certain purposes at 27.10.2008 by S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2; s. 58 in operation for certain purposes at 1.9.2008 by S.R. 2008/339, art. 2(2)(c) (with art. 3(1)(2)); s. 58 in operation for certain purposes at 7.10.2008 by S.R. 2008/339, art. 2(3)(b)
TransitionN.I.
59—(1) The Department may by order make in connection with the coming into operation of any provision of this Act, except Part 1, such transitional provision or savings as it considers necessary or expedient.
(2) The power under subsection (1) includes power to make incidental, supplementary and consequential provision.
CommencementN.I.
60—(1) This Act, except the provisions specified in subsection (2), shall come into operation on such day or days as the Department may by order appoint.
(2) The provisions referred to in subsection (1) are—
(a)sections 38(2), 41, 50, 51, 53, 55, 57, 59, this section and section 61;
(b)paragraphs 1 and 5 of Schedule 5 and section 37 so far as relating thereto;
(c)paragraphs 1(1) and (3), 2 and 4 of Schedule 7 and section 56 so far as relating thereto;
(d)Schedule 8, so far as relating to—
(i)section 136(1A) of the Contributions and Benefits Act;
(ii)section 69(5), 69ZA and 147(3) of the Administration Act; and
(iii)Article 38(7)(a) of, and paragraph 62(2) of Schedule 6 to, the 1998 Order,
and section 58 so far as relating thereto.
Subordinate Legislation Made
P1S. 60(1) power partly exercised: different dates appointed for specified provisions by S.R. 2007/335, art. 2;
S. 60(1) power partly exercised: different dates appointed for specified provisions by S.R. 2007/429, art. 2;
S. 60(1) power partly exercised: different dates appointed for specified provisions by S.R. 2008/93, art. 2;
S. 60(1) power partly exercised: 1.4.2008 appointed for specified provisions by S.R. 2008/147, art. 2;
S. 60(1) power partly exercised: different dates appointed for specified provisions by S.R. 2008/276, art. 2, Sch.;
S. 60(1) power partly exercised: different dates appointed for specified provisions by S.R. 2008/339, art. 2 (with art. 3(1)(2));
S. 60(1) power partly exercised: 27.10.2008 appointed for specified provision by S.R. 2008/425, art. 2;
S. 60(1) power partly exercised: 9.9.2010 appointed for specified provisions by S.R. 2010/308, art. 2;
S. 60(1) power partly exercised: 11.7.2011 appointed for specified provisions by S.R. 2011/260, art. 2
Short titleN.I.
61 This Act may be cited as the Welfare Reform Act (Northern Ireland) 2007.
SCHEDULES
Section 1.
SCHEDULE 1N.I.EMPLOYMENT AND SUPPORT ALLOWANCE: ADDITIONAL CONDITIONS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 22.
SCHEDULE 2N.I.EMPLOYMENT AND SUPPORT ALLOWANCE: SUPPLEMENTARY PROVISIONS
Limited capability for workN.I.
1 Regulations may make provision—N.I.
(a)for a person to be treated in prescribed circumstances as having, or as not having, limited capability for work;
(b)for the question of whether a person has limited capability for work to be determined notwithstanding that he is for the time being treated by virtue of regulations under sub-paragraph (a) as having limited capability for work;
(c)for the question of whether a person has limited capability for work to be determined afresh in prescribed circumstances.
Waiting daysN.I.
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Periods of less than a weekN.I.
3 Regulations may make provision in relation to—N.I.
(a)entitlement to an employment and support allowance, or
(b)the amount payable by way of such an allowance,
in respect of any period of less than a week.
Linking periodsN.I.
4—(1) Regulations may provide for circumstances in which a period of limited capability for work which is separated from another period of limited capability for work by not more than a prescribed length of time is to be treated for the purposes of this Part as a continuation of the earlier period.N.I.
(2) Regulations may provide, in relation to periods which are linked by virtue of regulations under sub-paragraph (1), that a condition which was satisfied in relation to the earlier period is to be treated for the purposes of this Part as satisfied in relation to the later period.
Presence in Northern IrelandN.I.
5 Regulations may make provision for the purposes of this Part as to the circumstances in which a person is to be treated as being, or not being, in Northern Ireland.N.I.
Contributory allowance: entitlement in case of absence from Northern IrelandN.I.
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Contributory allowance: modification in relation to employment on ships etc.N.I.
7— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Income-related allowance: entitlement in case of absence from Northern IrelandN.I.
8— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Limited capability for work-related activityN.I.
9 Regulations may make provision—N.I.
(a)for a person to be treated in prescribed circumstances as having, or as not having, limited capability for work-related activity;
(b)for the question of whether a person has limited capability for work-related activity to be determined notwithstanding that he is for the time being treated by virtue of regulations under sub-paragraph (a) as having limited capability for work-related activity;
(c)for the question of whether a person has limited capability for work-related activity to be determined afresh in prescribed circumstances.
Effect of workN.I.
10 Regulations may prescribe circumstances in which a person is to be treated as not entitled to an employment and support allowance because of his doing work.N.I.
[F3Good cause for failure to comply with certain regulationsN.I.
10A— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Treatment of allowance as “benefit”N.I.
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Attribution of reductions in cases where allowance taken to consist of two elementsN.I.
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Treatment of information supplied as information relating to social securityN.I.
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Advance claimsN.I.
14 This Part shall have effect with prescribed modifications in relation to cases where a claim to an employment and support allowance is by virtue of regulations under section 5(1)(c) of the Administration Act (advance claims) made, or treated as if made, for a period wholly or partly after the date on which it is made.N.I.
Section 28.
SCHEDULE 3N.I.CONSEQUENTIAL AMENDMENTS RELATING TO PART 1
The Education Reform (Northern Ireland) Order 1989 (NI 20)N.I.
1 In Article 131 of the Education Reform (Northern Ireland) Order 1989 (charges and remissions policies), in paragraph (3)(b) (cases where receipt of benefit by pupil's parent to give rise to remission), for “or an income-based jobseeker's allowance (payable under the Jobseekers (Northern Ireland) Order 1995)” substitute “ , an income-based jobseeker's allowance (payable under the Jobseekers (Northern Ireland) Order 1995) or an income-related employment and support allowance (payable under Part 1 of the Welfare Reform Act (Northern Ireland) 2007) ”.N.I.
The Child Support (Northern Ireland) Order 1991 (NI 23)N.I.
2—(1) The Child Support (Northern Ireland) Order 1991 is amended as follows.N.I.
(2) In Article 2 (interpretation), after the definition of “income-based jobseeker's allowance” insert—
““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);”.
(3) In Article 9 as amended by the 2000 Act (applications by those claiming or receiving benefit), in paragraph (1), after “income-based jobseeker's allowance” insert “ , an income-related employment and support allowance ”.
(4) In that Article as it has effect apart from the 2000 Act (applications by those receiving benefit), in paragraph (1), after “income-based jobseeker's allowance” insert “ , an income-related employment and support allowance ”.
(5) In Article 43 as amended by the 2000 Act (reduced benefit decisions), in paragraph (10), in the definition of “relevant benefit”, for “or an income-based jobseeker's allowance” substitute “ , an income-based jobseeker's allowance, an income-related employment and support allowance ”.
(6) In that Article as it has effect apart from the 2000 Act (failure to comply with obligations imposed by Article 9), in paragraph (11), in the definition of “relevant benefit”, after “income-based jobseeker's allowance” insert “ , an income-related employment and support allowance ”.
(7) In Article 44(2)(b) (persons to be exempted from payment of fees), after “income-based jobseeker's allowance,” insert “ an income-related employment and support allowance, ”.
(8) In Part 1 of Schedule 1 as it has effect apart from the 2000 Act (calculation of child support maintenance), in paragraph 5(4) (parents who are to be taken to have no assessable calculable income), after “income-based jobseeker's allowance” insert “ , an income-related employment and support allowance ”.
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)N.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The Social Security Administration (Northern Ireland) Act 1992 (c. 8)N.I.
4— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
The Children (Northern Ireland) Order 1995 (NI 2)N.I.
5—(1) The Children (Northern Ireland) Order 1995 is amended as follows.N.I.
(2) In Article 2 (interpretation), in paragraph (2), after the definition of “income-based jobseeker's allowance” insert—
““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);”.
(3) In Article 18 (duty of authority to provide personal social services for children in need, their families and others), in paragraph (9) (persons exempt from repayment of assistance), for “or of an income-based jobseeker's allowance” substitute “ , of an income-based jobseeker's allowance or of an income-related employment and support allowance ”.
(4) In Article 18C (direct payments), in paragraph (7) (persons in relation to whom special provision applies), in sub-paragraph (b), for “or of an income-based jobseeker's allowance” substitute “ , of an income-based jobseeker's allowance or of an income-related employment and support allowance ”.
(5) In Article 24 (recoupment of costs of providing services, etc.), in paragraph (3) (exempt persons), for “or of an income-based jobseeker's allowance” substitute “ , of an income-based jobseeker's allowance or of an income-related employment and support allowance ”.
(6) In Article 39 (liability to contribute), in paragraph (4) (persons exempt from liability to contribute), for “or of an income-based jobseeker's allowance” substitute “ , of an income-based jobseeker's allowance or of an income-related employment and support allowance ”.
The Jobseekers (Northern Ireland) Order 1995 (NI 15)N.I.
6—(1) The Jobseekers Order is amended as follows.N.I.
(2) In Article 2 (interpretation)—
(a)in paragraph (2), after the definition of “income-based jobseeker's allowance” insert—
““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);”;
(b)in paragraph (3), for “capable of work” substitute “ limited capability for work ”.
(3) In Article 3 (the jobseeker's allowance), in paragraph (2) (conditions of entitlement), for sub-paragraph (f) substitute—
“(f)does not have limited capability for work;”.
(4) In Article 5 (income-based conditions), in paragraph (1)—
(a)in sub-paragraph (b), for “or state pension credit” substitute “ , state pension credit or an income-related employment and support allowance ”;
(b)after sub-paragraph (dd) insert—
“(de)is not a member of a couple the other member of which is entitled to an income-related employment and support allowance;”.
(5) In Article 5A (conditions for claims by joint-claim couples), in paragraph (1), after sub-paragraph (cc) insert—
“(cd)that neither member of the couple is entitled to an income-related employment and support allowance;”.
(6) In Schedule 1 (supplementary provisions), for paragraph 2, and the italic cross-heading immediately preceding it, substitute—
“Limited capability for workN.I.
2—(1) The question whether a person has, or does not have, limited capability for work shall be determined, for the purposes of this Order, in accordance with the provisions of Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance).
(2) References in Part 1 of the Welfare Reform Act (Northern Ireland) 2007 to the purposes of that Part shall be construed, where the provisions of that Part have effect for the purposes of this Order, as references to the purposes of this Order.”.
The Road Traffic (Northern Ireland) Order 1995 (NI 18)N.I.
7 In Article 25 of the Road Traffic (Northern Ireland) Order 1995 (payments in respect of applicants for exemption from wearing seat belts), in paragraph (2) (applicants who qualify), in sub-paragraph (b) after “Jobseekers (Northern Ireland) Order 1995” insert “ , an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance) or ”.N.I.
The Pensions (Northern Ireland) Order 1995 (NI 22)N.I.
8 In Schedule 2 to the Pensions (Northern Ireland) Order 1995 (equalisation of pensionable ages for men and women), in paragraph 1 (enactments for the purposes of which the rules for determining pensionable age apply) for “and the State Pension Credit Act (Northern Ireland) 2002” substitute “ , the State Pension Credit Act (Northern Ireland) 2002 and Part 1 of the Welfare Reform Act (Northern Ireland) 2007 ”.N.I.
The Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)N.I.
9—(1) The Industrial Tribunals (Northern Ireland) Order 1996 is amended as follows.N.I.
(2) In Article 18 (power to provide for recoupment of benefits)—
(a)in paragraphs (3)(a) and (c) and (4)(cc) and (e), for “or income support” substitute “ , income support or income-related employment and support allowance ”;
(b)in paragraph (3)(b), for “either benefit” substitute “ jobseeker's allowance, income support or income-related employment and support allowance ”.
(3) In Article 19 (recoupment: further provisions), in paragraph (1), for “or income support”, in both places, substitute “ , income support or income-related employment and support allowance ”.
(4) In that Article, at the end add—
“(5) In this Article and Article 18 “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance).”.
The Social Security (Northern Ireland) Order 1998 (NI 10)N.I.
10—(1) The 1998 Order is amended as follows.N.I.
(2) In Article 4 (use of computers), in paragraph (2) (meaning of “relevant statutory provision”), after sub-paragraph (i) add
“; or
(j)Part 1 of the Welfare Reform Act (Northern Ireland) 2007.”.
(3) In Article 9 (which provides for any decision on a claim for a relevant benefit, or under or by virtue of a relevant statutory provision, to be made by the Department)—
(a)in paragraph (3) (meaning of “relevant benefit”), after paragraph (b) insert—
“(ba)an employment and support allowance;”;
(b)in paragraph (4) (definition of “relevant statutory provision”), for “or the State Pension Credit Act (Northern Ireland) 2002” substitute “ , the State Pension Credit Act (Northern Ireland) 2002 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007. ”.
(4) In Article 12 (regulations with respect to decisions), in paragraph (3), in the definition of “the current legislation”, for “and the State Pension Credit Act (Northern Ireland) 2002” substitute “ , the State Pension Credit Act (Northern Ireland) 2002 and Part 1 of the Welfare Reform Act (Northern Ireland) 2007. ”.
(5) In Article 27 (restrictions on entitlement to benefit in certain cases of error), in paragraph (7), in the definition of “benefit”—
(a)after paragraph (dd) insert—
“(de)an employment and support allowance;”;
(b)in paragraph (e), for “to (dd)” substitute “ to (de) ”.
(6) In Article 28 (correction of errors and setting aside of decisions), in paragraph (3) (definition of “relevant statutory provision”), at the end add
“; or
(g)Part 1 of the Welfare Reform Act (Northern Ireland) 2007.”.
(7) In Article 31 (incapacity for work), after paragraph (1) insert—
“(1A) Regulations may provide that a determination that a person is disqualified for any period in accordance with regulations under section 18(1) to (3) of the Welfare Reform Act (Northern Ireland) 2007 shall have effect for such purposes as may be prescribed as a determination that he is to be treated as not having limited capability for work for that period, and vice versa.”.
(8) In Schedule 2 (decisions against which no appeal lies), in paragraph 6(b) (alteration of rates of benefit), at the end add
“, or
(iv)section 139C(1)(b) of that Act (employment and support allowance).”.
(9) In Schedule 3 (decisions against which an appeal lies), in paragraph 3 (payability of benefit), at the end add
“; or
(g)section 18 of the Welfare Reform Act (Northern Ireland) 2007.”.
The Immigration and Asylum Act 1999 (c. 33)N.I.
11 In section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) in subsection (2) (benefits to which entitlement excluded), after “2002,” insert “ to income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance) ”.N.I.
The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11)N.I.
12 In Article 69 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (power to make regulations about the use and supply of social security information), in paragraph (3) (provisions in connection with which the power is exercisable), at the end addN.I.
“, or
(d)Part 1 of the Welfare Reform Act (Northern Ireland) 2007.”.
The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)N.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)N.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Section 29.
SCHEDULE 4N.I.TRANSITION RELATING TO PART 1
General power to provide for transition relating to Part 1N.I.
1—(1) Regulations may make such provision as the Department considers necessary or expedient—N.I.
(a)in connection with the coming into operation of any provision of, or repeal relating to, this Part, or
(b)otherwise for the purposes of, or in connection with, the transition to employment and support allowance.
(2) The following provisions of this Schedule are not to be taken as prejudicing the generality of sub-paragraph (1).
Pre-commencement claimsN.I.
2 Regulations may—N.I.
(a)make provision for a claim for incapacity benefit, income support or severe disablement allowance which is made before the appointed day to be treated wholly or partly as a claim for an employment and support allowance;
(b)make provision for the purpose of enabling claims for an employment and support allowance to be made before the appointed day for a period beginning on or after that day.
Post-commencement claimsN.I.
3 Regulations may—N.I.
(a)make provision excluding the making of a claim for incapacity benefit or severe disablement allowance on or after the appointed day;
(b)make provision for a claim for incapacity benefit, income support or severe disablement allowance which is made on or after the appointed day to be treated in prescribed circumstances as a claim for an employment and support allowance;
(c)make provision for a claim for an employment and support allowance to be treated wholly or partly as a claim for incapacity benefit, income support or severe disablement allowance;
(d)make provision excluding the making of a claim for an employment and support allowance by a person who is entitled to an existing award.
Prospective
Award of employment and support allowance for pre-commencement periodN.I.
4 Regulations may—N.I.
(a)make provision for an employment and support allowance of such a kind as the regulations may provide to be awarded in prescribed circumstances for a period before the appointed day;
(b)make provision with respect to conditions of entitlement in relation to an award under sub-paragraph (a) and the amount payable by way of an allowance under such an award.
Prospective
Matching of awards of employment and support allowanceN.I.
5—(1) For the purposes of this paragraph, an award of an employment and support allowance is one that falls to be made on matching terms if—N.I.
(a)it is made in pursuance of a claim by a person who was previously entitled to an existing award, and
(b)had it continued to be possible to make an award of incapacity benefit, income support on grounds of incapacity for work, or severe disablement allowance, the award which would have been made to him (“the hypothetical award”) would have been made on the basis of the linking of periods of incapacity for work.
(2) Regulations may—
(a)make provision for the purpose of securing that an award of an employment and support allowance that falls to be made on matching terms is made on terms which match in whole or part the hypothetical award;
(b)make provision for the modification of matched awards for the purpose of securing that the person with the award is put in the position he would have been had he been made the hypothetical award which was then the subject of conversion under paragraph 7.
(3) In sub-paragraph (2)(b), the reference to matched awards is to awards of an employment and support allowance that have been the subject of matching in pursuance of regulations under sub-paragraph (2)(a).
6—(1) For the purposes of this paragraph an award of an employment and support allowance is one which falls to be made on matching terms if—N.I.
(a)it is made in pursuance of a claim by a person who was previously entitled to an existing award,
(b)had he continued to be entitled to that award, it would have been the subject of conversion under paragraph 7 before the date of his claim for an employment and support allowance, and
(c)had it continued to be possible to make an award of incapacity benefit, income support on grounds of incapacity for work, or severe disablement allowance, the award which would have been made to him would have been made on the basis of the linking of periods of incapacity for work.
(2) Regulations may make provision for the purpose of securing that an award of an employment and support allowance that falls to be made on matching terms is made on terms which match in whole or part the award that would have resulted from conversion under paragraph 7 had entitlement to the existing award continued.
Treatment of existing awardsN.I.
7— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Transitional allowancesN.I.
8 Regulations may—N.I.
(a)make provision for a person's continuing entitlement to an employment and support allowance awarded by virtue of regulations under paragraph 7 (a “transitional allowance”) to be determined by reference to such provision as may be made by the regulations;
(b)make provision for the review of an award of a transitional allowance;
(c)make provision for the termination of an award of a transitional allowance;
(d)make provision for this Part, or any other statutory provision relating to social security, to have effect with prescribed modifications in relation to a person with a transitional allowance;
(e)make provision for the purpose of enabling a transitional allowance to be revised under Article 10 of the 1998 Order or superseded under Article 11 of that Order.
Prospective
9—(1) Regulations may prescribe circumstances in which a person who is entitled to a transitional allowance immediately before reaching pensionable age is to be treated as having satisfied the condition in paragraph 5(2) of Schedule 3 to the Contributions and Benefits Act (first contribution condition for entitlement to state pension).N.I.
(2) In this paragraph, “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (NI 22).
Prospective
Post-commencement up-rating of incapacity benefit and severe disablement allowanceN.I.
10 Regulations may provide for section 132 of the Administration Act (annual up-rating of benefits), so far as relating to—N.I.
(a)incapacity benefit under section 30A of the Contributions and Benefits Act, or
(b)severe disablement allowance,
to have effect with prescribed modifications in relation to tax years beginning on or after the appointed day.
InterpretationN.I.
11 In this Schedule—N.I.
“appointed day” means the day appointed for the coming into operation of section 1;
“existing award” means—
an award of incapacity benefit,
an award of severe disablement allowance, and
an award of income support made to a person to whom regulation 6(4)(a) or 13(2)(b) or (bb) of, or paragraph 7(a) or (b), 10, 12 or 13 of Schedule 1B to, the Income Support (General) Regulations (Northern Ireland) 1987 (SR 1987/459) (persons incapable of work or disabled) applies;
“incapacity benefit” (except in paragraph 10(a)) means—
incapacity benefit under section 30A, 40 or 41 of the Contributions and Benefits Act;
long-term incapacity benefit under regulation 11(4) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995 (SR 1995/35) (former sickness benefit); and
invalidity benefit which has effect by virtue of regulation 17(1) of those regulations as if it were long-term incapacity benefit;
“income support” means income support under section 123 of the Contributions and Benefits Act;
“severe disablement allowance” means severe disablement allowance under section 68 of that Act (as it has effect by virtue of Article 4 of the Welfare Reform and Pensions (1999 Order) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2000 (SR 2000/332));
“transitional allowance” has the meaning given by paragraph 8(a).
Section 37.
SCHEDULE 5N.I.MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO PART 2
The Social Security Administration (Northern Ireland) Act 1992 (c. 8)N.I.
1 The Administration Act is amended as follows.N.I.
2 In section 128E (information about attainment of standards), in subsection (1)—N.I.
(a)for “section 128D(3)” substitute “ section 128D(3A) or (3B) ”;
(b)after paragraph (a) insert—
“(aa)whether the Housing Executive has taken the action which it has been directed to take;”;
(c)in paragraph (b) after “those standards” insert “ or take that action ”.
3—(1) Section 128F (enforcement notices) is amended as follows.N.I.
(2) In subsection (1)—
(a)for “section 128D(3)” substitute “ section 128D(3A) or (3B) ”;
(b)after paragraph (a) insert—
“(aa)is not satisfied that the Housing Executive has taken the action which it has been directed to take;”;
(c)in paragraph (b) after “those standards” insert “ or take that action ”.
(3) In subsection (2)(a), after “paragraph (a)” insert “ , (aa) ”.
(4) In subsection (4), at the beginning insert “ If the notice identifies directions under section 128D(3A) above, ”.
(5) After subsection (4) insert—
“(4A) If the notice identifies directions under section 128D(3B) above, the Housing Executive's response shall either—
(a)state that the Housing Executive has taken the action, or is likely to take it within the time specified in the directions, and justify that statement; or
(b)state that the Housing Executive has not taken the action, or is not likely to take it within that time, and (if the Housing Executive wishes) give reasons why a determination under section 128G below should not be made or should not include any particular provision.”.
4—(1) Section 128G (enforcement determinations) is amended as follows.N.I.
(2) In subsection (1)—
(a)in paragraph (a) after “the standards” insert “ or taken the action ”;
(b)in paragraph (b) after “those standards” insert “ or take that action ”.
(3) In subsections (3) and (5)(c), after “the standards” insert “ or the taking of the action ”.
5 In section 167(1) (interpretation), in the definition of “prescribe” at the end add “ and “prescribed” must be construed accordingly ”.N.I.
Prospective
The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)N.I.
6 In Schedule 7 to the 2000 Act (housing benefit: revisions and appeals), in paragraph 1(2), after head (b) add—N.I.
“(c)a decision of a relevant authority under or by virtue of section 73 of the Administration Act that an amount of housing benefit is recoverable;”.
Section 52(5).
SCHEDULE 6N.I.SCHEDULE TO BE INSERTED IN THE PNEUMOCONIOSIS, ETC., (WORKERS' COMPENSATION) (NORTHERN IRELAND) ORDER 1979
Commencement Information
“THE SCHEDULEN.I.DEFINITION OF “RELEVANT EMPLOYER”
Basic definitionN.I.
1 Subject to the following provisions, “relevant employer”, in relation to a person disabled by a disease to which this Order applies, means any person—
(a)by whom the disabled person was employed in a prescribed occupation at any time during the period during which he was developing the disease, and
(b)against whom he might have or might have had a claim for damages in respect of the disablement.
Disregarded employersN.I.
2 A person is not a relevant employer in relation to a person disabled by a disease to which this Order applies if the disabled person has had no period of employment with him which is a qualifying period of employment.
3 A person is not a relevant employer in relation to a person disabled by a disease to which this Order applies if the disabled person's qualifying period of employment with him did not exceed 12 months.
4 A person is not a relevant employer in relation to a person disabled by a disease to which this Order applies if the disabled person's qualifying period of employment with him—
(a)did not exceed 5 years, and
(b)represents not more than 25 per cent. of the time during which the disabled person was employed in a prescribed occupation.
5 A person is not a relevant employer in relation to a person disabled by a disease to which this Order applies if the disabled person's qualifying period of employment with him—
(a)did not exceed 7 years, and
(b)represents not more than 20 per cent. of the time during which the disabled person was employed in a prescribed occupation.
6 In paragraphs 3 to 5, references to the disabled person's qualifying period of employment with his employer, where there has been more than one such period, are to the aggregate of those periods.
“Qualifying period of employment” N.I.
7—(1) In this Schedule, “qualifying period of employment”, in relation to a person disabled by a disease to which this Order applies, means any period of employment in a prescribed occupation, except for—
(a)a period of employment which ended more than 20 years before the qualifying date, and
(b)in the case of a claim relating to diffuse mesothelioma, a period of employment which began not more than 15 years before the qualifying date.
(2) In sub-paragraph (1), “qualifying date” means—
(a)the date on which the Department determines a claim for disablement benefit made by or on behalf of the disabled person in respect of the disease, or
(b)if the disabled person has died without a claim for disablement benefit in respect of the disease having been determined, the date on which he died.
“Prescribed occupation” N.I.
8—(1) In this Schedule, “prescribed occupation”, in relation to a person disabled by a disease to which this Order applies, means an occupation prescribed in relation to the disease by the Department by order.
(2) An order under sub-paragraph (1) shall be subject to negative resolution.
Power to amend ScheduleN.I.
9 Regulations made by the Department may—
(a)amend this Schedule for the purpose of adding to the cases in which a person is not a relevant employer in relation to a person disabled by a disease to which this Order applies;
(b)amend or repeal any provision of this Schedule relating to such cases.”
Section 56.
SCHEDULE 7N.I.MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO PART 4
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)N.I.
1—(1) The Contributions and Benefits Act is amended as follows.N.I.
(2) In section 73 (mobility component of disability living allowance), in subsection (9)(a), after “subsection (1)” insert “ (a) to (d) ”.
(3) In section 136 (social fund payments: principles of determination), for subsection (3) substitute—
“(3) Without prejudice to the generality of subsection (2) above, the Department may issue directions under that subsection for the purpose of securing that allocations under section 147 of the Administration Act are not exceeded.”.
Commencement Information
I63Sch. 7 para. 1 wholly in operation at 8.10.2007; Sch. 7 para. 1(1)(3) in operation at Royal Assent see s. 60(1)(2)(c); Sch. 7 para. 1(2) in operation at 8.10.2007 by S.R. 2007/429, art. 2(1)(d)
The Social Security Administration (Northern Ireland) Act 1992 (c. 8)N.I.
2—(1) The Administration Act is amended as follows.N.I.
(2) In section 117 (unauthorised disclosure of information relating to particular persons), in subsection (6A), for “medical practitioner” substitute “ health care professional ”.
(3) In section 147 (allocations from social fund), in subsection (5) (power to give directions with respect to the control and management of social fund allocations to particular officers or groups of officers), for “the amounts allocated to them” substitute “ any amounts allocated to them ”.
(4) In subsection (6) of that section (definition of “appropriate officer”), for “payments from the social fund such as are mentioned in section 134(1)(b) of the Contributions and Benefits Act” substitute “ section 134(1)(b) payments ”.
The Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)N.I.
3 In Article 17 of the Deregulation and Contracting Out (Northern Ireland) Order 1996 (social security: amendments following certain orders), at the end of paragraph (2) add “ the Welfare Reform Act 2007 ”.N.I.
The Social Security (Northern Ireland) Order 1998 (NI 10)N.I.
4 In Article 38(7) of the 1998 Order (principles applicable on review of social fund determination), at the end of sub-paragraph (a)(i) insert “ and ”.N.I.
Section 58.
SCHEDULE 8N.I.REPEALS
Commencement Information
I64Sch. 8 partly in operation; Sch. 8 in operation for specified purposes at Royal Assent, see s. 60(1)(2)(d); Sch. 8 in operation for specified purposes at 8.10.2007 by S.R. 2007/429, art. 2(1)(e); Sch. 8 in operation for specified purposes at 7.4.2008 by S.R. 2008/93, art. 2(b); Sch. 8 in operation for specified purposes at 27.10.2008 by S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2; Sch. 8 in operation for specified purposes at 1.9.2008 by S.R. 2008/339, art. 2(2)(c) (with art. 3(1)(2)); Sch. 8 in operation for specified purposes at 7.10.2008 by S.R. 2008/339, art. 2(3)(b)
Short Title | Extent of repeal |
---|---|
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7). |
In section 6A(3), the word “and” at the end of paragraph (c). Section 20(1)(b). In section 20(2)— (a)
in the definition of “long-term benefit”, paragraph (a); (b)
in the definition of “short-term benefit”, paragraph (b). In section 21(1)— (a)
the words from “short-term incapacity benefit” to “subsection (5) of that section,”; (b)
the words “or short-term or long-term incapacity benefit under section 40 or 41 below”. In section 21(2), in the table— (a)
the heading “Short-term benefit”; (b)
the entry relating to short-term incapacity benefit; (c)
the heading “Other benefits”. In section 21(4), the words “short-term benefit or”. In section 21(5A)(c), the words “2(4)(a) and (5)(a),”. Sections 30A to 30E. In section 37(2), the words from “one of the conditions” to “person and”. In section 39A(3), the words from “one of the conditions” to “person and”. Sections 40 to 42. In section 44(4), the words from “except that” to the end. Section 47. In section 61— (a)
in subsection (1), the words “under section 47(1) above or”; (b)
subsection (2). In section 61A(3), paragraph (d) and the word “and” immediately preceding it. Section 72(6). In section 73(5), the words “Subject to subsection (4) above,”. Section 84. Section 86A. Section 87. In section 89(1) and (1A), the words “, and in regulations under section 86A above,”. Section 93. In section 123(1), the word “and” at the end of paragraph (f). Section 129(4). In section 136(1A), the words following paragraph (b). Section 146(1)(b). Sections 167A to 167G. Section 167ZP(1) to (3). In section 172(2)(a), the words “section 30DD(5)(b) or (c);”. In Schedule 3, paragraphs 2 and 5(6). In Schedule 4— (a)
in Part 1, paragraphs 2 and 2A; (b)
in Part 4, paragraphs 1A and 2. In Schedule 11, paragraph 2(d)(i). In Schedule 12, paragraphs 1, 3, 4, 5 and 6. In Schedule 13, paragraphs 1 and 2. |
The Social Security Administration (Northern Ireland) Act 1992 (c. 8). |
Section 2A(2)(d) and (e). In section 2AA(2), paragraph (c) and the word “and” at the end of paragraph (d). Section 69(5). In section 69ZA(2)— (a)
in paragraph (a), the words “paragraph (a) of subsection (5) and”; (b)
paragraph (b). In section 71(4), the word “or” at the end of paragraph (a). Section 122(1)(a) and (c). Section 124(1)(b) and (c). In section 147(3)(d), the words from “to the same officer” to the end. |
The Pension Schemes (Northern Ireland) Act 1993 (c. 49). |
Section 42(3). In Schedule 7, paragraph 33. |
The Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (NI 12). |
Articles 3 to 5, 7 to 9 and 15. In Schedule 1, paragraphs 2, 3(3), 8 to 10, 13, 17, 24, 28, 33, 38(2) and (3), 43, 44, 48, 49 and 54(4). |
The Jobseekers (Northern Ireland) Order 1995 (NI 15). | In Schedule 2, paragraphs 3, 6, 8, 9, 20, 23(2), 36(2) and 52(3), (4) and (5). |
The Pensions (Northern Ireland) Order 1995 (NI 22). | In Schedule 2, paragraphs 14(b) and 18(3) and (4). |
The Social Security (Northern Ireland) Order 1998 (NI 10). |
In Article 4(2), the word “or” at the end of sub-paragraph (h). In Article 28(3), the word “or” at the end of sub-paragraph (e). Article 31(1). In Article 38(7)(a), head (iii), and the word “and” immediately preceding it. Article 73. In Schedule 2, in paragraph 6(b), the word “or” at the end of paragraph (ii). In Schedule 3, in paragraph 3, the word “or” at the end of paragraph (e). In Schedule 6, paragraphs 54(3), 57, 62(2) and 80(1). |
The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11). |
Articles 58 to 61. In Article 69(3), the word “or” at the end of sub-paragraph (b). In Schedule 8, paragraphs 19 to 24. |
The National Insurance Contributions Act 2002 (c. 19). | In Schedule 1, paragraph 33(2). |
The Tax Credits Act 2002 (c. 21). | In Schedule 3, paragraphs 37, 38, 40 and 42. |
The State Pension Credit Act (Northern Ireland) 2002 (c. 14). | In Schedule 2, paragraphs 22(a) and 25(a). |
The Housing Support Services (Northern Ireland) Order 2002 (NI 8). | Articles 6 and 7. |
The Civil Partnership Act 2004 (c. 33). | In Schedule 24, paragraphs 68 and 69. |