2021 No. 1
The Covid-19 Heating Payment Scheme Regulations (Northern Ireland) 2021
Made
Coming into operation
The First Minister and deputy First Minister, acting jointly, made on 03rd December 2020 a determination under section 1(1) of the Financial Assistance Act (Northern Ireland) 20091; and, acting jointly, they have designated the Department for Communities2 as the relevant department under section 1(3)(a) of that Act.
Accordingly, the Department for Communities, makes the following Regulations in exercise of the powers conferred by sections 1(2), 3 and 4 of that Act.
In accordance with section 1(4) of that Act, the Executive Office3 approves the making of these Regulations.
Citation and commencementI11
These Regulations may be cited as the Covid-19 Heating Payment Scheme Regulations (Northern Ireland) 2021 and shall come into operation on 25th January 2021.
Covid-19 Heating Payment Scheme (Northern Ireland)I22
The Department for Communities makes the Scheme set out in the Schedule.
Sealed with the Official Seal of the Department for Communities on 4th January 2021
The Executive Office approves these Regulations.
Sealed with the Official Seal of the Executive Office on 4th January 2021
SCHEDULECovid-19 Heating Payment Scheme (Northern Ireland) 2021
Citation and interpretationI31
1
This Scheme may be cited as the Covid-19 Heating Payment Scheme (Northern Ireland) 2021.
2
In this Scheme:—
-
“the 1992 Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 19924;
-
F1“the 2006 Order” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 20065;
-
“the 2015 Order” means the Welfare Reform (Northern Ireland) Order 20155;
-
“the Department” means the Department for Communities;
-
“a Covid-19 heating payment” means financial assistance provided under this Scheme;
-
F2“armed forces independence payment” means armed forces independence payment under Article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 20116;
-
“attendance allowance” means attendance allowance under section 64 of the 1992 Act;
-
“care home” means an establishment that provides accommodation together with nursing or personal care for adults or children;
-
F3“constant attendance allowance under the 1992 Act” means an increase of disablement pension under section 104 of the 1992 Act;
-
F3“constant attendance allowance under the 2006 Order” means an allowance under Article 8(4) or (5) of the 2006 Order;
-
“disability living allowance” means disability living allowance under section 71 of the 1992 Act;
-
“discretionary support award” means discretionary support award under the Discretionary Support Regulations (Northern Ireland) 20166;
-
“employment and support allowance” means employment and support allowance under section 1 of the Welfare Reform Act (Northern Ireland) 20077;
-
“housing benefit” means housing benefit under section 129 of the 1992 Act;
-
“income support” means income support under section 123 of the 1992 Act;
-
F4“industrial injuries disablement benefit” means industrial injuries disablement benefit under section 94 of the 1992 Act;
-
“jobseekers allowance” means jobseekers allowance under Article 3 of the Jobseekers (Northern Ireland) Order 19958;
-
“personal independence payment” means personal independence payment under Part 5 of the 2015 Order;
-
“the qualifying week” means the week beginning with (and including) Monday 30th November 2020 and ending on Sunday 06th December 2020;
-
“social security information” means information held by or on behalf of the Department and obtained as a result of, or for the purpose of, the exercise of the Department’s functions in relation to social security;
-
“the standard rate” means a single payment of £200;
-
“state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 20029;
-
“universal credit” means universal credit under Part 2 of the 2015 Order.
-
F5“war pensions mobility supplement” means mobility supplement under Article 20 of the 2006 Order.
EligibilityI42
1
A person is not eligible for a Covid-19 heating payment at the standard rate unless they were in receipt of—
a
the higher rate of attendance allowance (payable under section 65(3) of the 1992 Act); or
b
the highest rate of the care component or the higher rate of the mobility component (or both) of disability living allowance (payable under sections 72(4)(a) and 73(11)(a) of the 1992 Act); or
c
the enhanced rate of the daily living component or the enhanced rate of the mobility component (or both) of personal independence payment (payable under Articles 83(2) and 84(2) of the 2015 Order); or
d
state pension credit
e
F6constant attendance allowance under the 2006 Order (payable at the rate specified in paragraph 1(a)(iii) or (iv) of Part IV of Schedule 1 to the 2006 Order); or
f
F6constant attendance allowance under the 1992 Act (payable at an amount above the rate specified in paragraph 2(a) of Part V of Schedule 4 to the 1992 Act); or
g
F6war pensions mobility supplement; or
h
F6armed forces independence payment
on any one day during the qualifying week, and on that day were ordinarily resident in Northern Ireland.
2
Only one Covid-19 heating payment shall be payable under this scheme in respect of any person.
3
A person who is resident in a care home shall not be eligible for a payment under this scheme.
RecoveryI53
The Department may recover any payment made in error.
Delayed paymentI64
1
A person who is eligible for a Covid-19 heating payment, and has not received it by F715th April 2021 , may apply for a payment.
2
An application under sub-paragraph (1) must—
a
be made in writing to the Department or by telephone to 0800 587 0892 (for pension credit claimants), 0800 587 0912 (for attendance allowance and disability living allowance claimants) or 0800 587 0932 (for personal independence payment claimants) F8or 02890 823318 (for industrial injuries disablement benefit claimants who are also in receipt of constant attendance allowance) or by email to Veterans-UK@mod.gov.uk (for war pension claimants who are also in receipt of constant attendance allowance, for war pensions mobility supplement claimants or armed forces independence payment claimants) ;
b
be received by the Department before F930th June 2021 ; and
c
specify—
i
the applicant’s name, address, date of birth and national insurance number; and
ii
the benefits that the applicant was in receipt of during the qualifying week.
3
If the Department is satisfied that a person making an application under sub-paragraph (1) is eligible for a Covid-19 heating payment and has not already received such a payment, the Department shall make that payment.
AppealsI75
There will be no right of appeal.
Payment to be disregarded for social securityI86
1
No account shall be taken of eligibility for a Covid-19 heating payment in considering a person’s entitlement to a Social Fund payment, a discretionary support award or a payment under any of the following social security benefits:
a
income support;
b
jobseekers allowance;
c
employment and support allowance;
d
housing benefit (working age);
e
housing benefit (state pension credit age);
f
universal credit; or
g
state pension credit.
2
This payment may be taxable.
InformationI97
The Department may use social security information for the purpose of determining whether a person is eligible for a Covid-19 heating payment.
Provision of Covid-19 Heating paymentI108
The Department shall make Covid-19 heating payments under the Scheme.
(This note is not part of the Regulations)