2020 No. 63
The Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020
Made
Laid before Parliament
Coming into operation
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.
S.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.
2002 c.14 (N.I.). Section 17(1) is cited for the meaning of “prescribed” and “regulations”.
2007 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 Sections 2 and 4 were repealed for certain purposes by the Welfare Reform (Northern Ireland) Order 2015.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”.
2015 No. 2006 (N.I. 1). Article 5 is cited for the meaning of “prescribed”.
Article 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 interpretation1
1
These Regulations may be cited as the Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020 and come into operation on 8th April 2020.
2
The Interpretation Act (Northern Ireland) 1954 F7 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 prisoner2
1
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 F8.
2
The regulations are—
a
the Income Support (General) Regulations (Northern Ireland) 1987 F9;
b
the Jobseeker's Allowance Regulations (Northern Ireland) 1996 F10;
c
the State Pension Credit Regulations (Northern Ireland) 2003 F11;
d
the Employment and Support Allowance Regulations (Northern Ireland) 2008 F12; and
e
the Universal Credit Regulations (Northern Ireland) 2016 F13.
Income Support, Jobseekers Allowance, State Pension Credit and Employment and Support Allowance - persons treated as being or not being members of the same household3
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 F14;
b
regulation 78(3)(b) F15 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.
Jobseekers Allowance – availability for employment4
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.
Housing Benefit – modification of the rule on whether a person is or is not to be treated as occupying a dwelling as their home5
For the purposes of entitlement to housing benefit, 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 F16; and
b
regulation 7(14) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 F17.
Expiry6
1
The Department must keep the operation of these Regulations under review.
2
These Regulations cease to have effect at the end of the period of 8 months beginning on and including 13th March 2020.
Signed by the authority of the Secretary of State for Work and Pensions
1992 c.7. Section 133(1) is cited for the meaning of “prescribed”.