N.I.
Statutory Rules of Northern Ireland
2020 No. 63
Social Security
The Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020
Made
at 10.23 a.m. on 7th April 2020
Laid before Parliament
at 3.00 p.m. on 7th April 2020
Coming into operation
8th April 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 123, 129, 131(1), 133(1) and (2)(h) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 F1, Articles 2(2), 6(5) and (12), 8(4), 9(4) and 36(2) of, and paragraph 12 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995 F2, sections 2(3), (4), (6) and (9), 3(8), 17(1) and (2)(a) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002 F3, sections 4(2) and (3), 24(1) and 25(2) of, and paragraph 6(8) of Schedule 1 to, the Welfare Reform Act (Northern Ireland) 2007 F4 and Articles 5, 7(2), 11(1), 13(1) and 48(2) of, and paragraph 5(1) of Schedule 1 to, the Welfare Reform (Northern Ireland) Order 2015 F5.
Those powers are exercisable by the Secretary of State by virtue of Article 4(1) of the Welfare Reform (Northern Ireland) Order 2015 F6.
F2S.I.1995/2705 (N.I. 15); Article 2(2) is cited for the meaning of the word “regulations”. Article 8 and 9 are maintained in operation in certain circumstances by Article 9 of S.R. 2017 No. 190.
F32002 c.14 (N.I.). Section 17(1) is cited for the meaning of “prescribed” and “regulations”.
F42007 c. 2 (N.I.). Sections 2 and 4 were repealed for certain purposes by the Welfare Reform (Northern Ireland) Order 2015. Section 24(1) is cited for the meaning of “prescribed” and “regulations”.
F52015 No. 2006 (N.I. 1). Article 5 is cited for the meaning of “prescribed”.
F6Article 4 was amended by Article 4 of the Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999 (N.I. 1). Functions under or for the purposes of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Jobseekers (Northern Ireland) Order 1995 are vested in the Department for Communities by virtue of Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.)).
Citation, commencement and interpretationN.I.
1.—(1) These Regulations may be cited as the Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020 and come into operation on 8th April 2020.
[F7(1A) In these regulations “coronavirus disease” means COVID-19 (the official designation of the disease which can be caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)).]
(2) The Interpretation Act (Northern Ireland) 1954 F8 shall apply to these Regulations as it applies to an Act of the Assembly.
Income Support, Jobseekers Allowance, State Pension Credit, Employment and Support Allowance and Universal Credit – definition of prisonerN.I.
2.—(1) [F9Where the Department is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Department determines] the Regulations in paragraph (2) are to be read as if the definition of “prisoner” did not include a person on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953 F10.
(2) The regulations are—
(a)the Income Support (General) Regulations (Northern Ireland) 1987 F11;
(b)the Jobseeker's Allowance Regulations (Northern Ireland) 1996 F12;
(c)the State Pension Credit Regulations (Northern Ireland) 2003 F13;
(d)the Employment and Support Allowance Regulations (Northern Ireland) 2008 F14; and
(e)the Universal Credit Regulations (Northern Ireland) 2016 F15.
F9Words in reg. 2(1) inserted (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations (Northern Ireland) 2021 (S.R. 2021/105), regs. 1(1), 4(3)(4)(a)
F11S.R. 1987 No. 459. Relevant amending Regulations are S.R. 1995 No. 86 and S.R. 1998 No. 81.
F12S.R. 1996 No. 198. Relevant amending Regulations are S.R. 1998 No. 81 and S.R. 2006 No. 234.
F13S.R. 2003 No. 28. Relevant amending Regulations is S.R. 2018 No. 135.
F14S.R. 2008 No. 280. There are no relevant amending Regulations.
F15S.R. 2016 No. 216. There are no relevant amending Regulations.
Income Support, Jobseekers Allowance, State Pension Credit and Employment and Support Allowance - persons treated as being or not being members of the same householdN.I.
3. [F16Where the Department is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Department determines] the following provisions are to be read as if the words “on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953” were omitted—
(a)regulation 16(3)(b) of the Income Support (General) Regulations (Northern Ireland) 1987 F17;
(b)regulation 78(3)(b) F18 of the Jobseeker's Allowance Regulations (Northern Ireland) 1996;
(c)regulation 5(1)(c) of the State Pension Credit Regulations (Northern Ireland) 2003; and
(d)regulation 156(4)(b) of the Employment and Support Allowance Regulations (Northern Ireland) 2008.
F16Words in reg. 3 inserted (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations (Northern Ireland) 2021 (S.R. 2021/105), regs. 1(1), 4(3)(4)(b)
F17Regulation 16(3)(b) was substituted by regulation 5(5) of S.R. 1996 No. 405.
F18Regulation 78(3)(b) was substituted by regulation 18 of S.R. 1996 No. 358.
Jobseekers Allowance – availability for employmentN.I.
4. [F19Where the Department is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Department determines] regulation 15(1) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996 is to be read as if the words in sub-paragraph (b) were omitted.
F19Words in reg. 4 inserted (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations (Northern Ireland) 2021 (S.R. 2021/105), regs. 1(1), 4(3)(4)(c)
Housing Benefit – modification of the rule on whether a person is or is not to be treated as occupying a dwelling as their homeN.I.
5. For the purposes of entitlement to housing benefit, [F20where the Department is satisfied that it is expedient as a result of coronavirus disease and in such cases as the Department determines,] the following provisions are to be read as if the words in sub-paragraph (b) were omitted—
(a)regulation 7(14) of the Housing Benefit Regulations (Northern Ireland) 2006 F21; and
(b)regulation 7(14) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 F22.
F20Words in reg. 5 inserted (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations (Northern Ireland) 2021 (S.R. 2021/105), regs. 1(1), 4(5)
F21S.R. 2006 No. 405. There are no relevant amending Regulations.
F22S.R. 2006 No. 406. There are no relevant amending Regulations.
ExpiryN.I.
6.—(1) The Department must keep the operation of these Regulations under review.
(2) These Regulations cease to have effect [F23on 31st August 2021].
F23Words in reg. 6(2) substituted (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations (Northern Ireland) 2021 (S.R. 2021/105), regs. 1(1), 4(6)
Signed by the authority of the Secretary of State for Work and Pensions
Will Quince
Minister for Welfare Delivery
Department for Work and Pensions
Explanatory Note
(This note is not part of the Regulations)
These Regulations make provision for individuals on temporary release from prison due to the outbreak COVID-19 in Northern Ireland to access means tested benefits during the period of that release.
Regulation 2 requires the definition of prisoner in various means tested benefits to be read so that individuals temporarily released from a prison in Northern Ireland are no longer included within that definition. This means those individuals will be entitled to make a claim, or their presence in a household claiming means tested benefits will be taken into account in calculating entitlement.
Regulation 3 enables a person temporarily released from a prison in Northern Ireland to be included as a member of a claimant's household in a number of means tested benefits.
Regulation 4 enables a person temporarily released from a prison in Northern Ireland to be treated as available for employment in a claim for jobseekers allowance.
Regulation 5 provides entitlement to housing benefit for individuals temporarily released from a prison in Northern Ireland.
Under regulation 6 the Department must keep the operation of the Regulations under review. Regulations 2 to 5 expire on the same day as the Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations (Northern Ireland) 2020 (S.R.. 2020 No. 33) and the Social Security (Coronavirus) (Further Measures) Regulations (Northern Ireland) 2020 (S.R. 2020 No. 53).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.