2022 No. 172
The Income-Related Benefits (Local Welfare Provision Disregard) (Amendment) Regulations (Northern Ireland) 2022
Made
Coming into operation
The Department for Communities1 makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 132(3) and (4)(b), 132A(3) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19922, Articles 14(1) and (4)(b) and 36(1) and (2) of the Jobseekers (Northern Ireland) Order 19953, sections 15(3) and (6)(b) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 20024, and now vested in it5, sections 17(1) and (3)(b) and 25(1) and (2) of the Welfare Reform Act (Northern Ireland) 20076 and Article 48(1) and (2) of, and paragraph 4(1) and (3)(a) of Schedule 1 to, the Welfare Reform (Northern Ireland) Order 20157.
The Powers are exercisable by the Department for Communities by virtue of Article 2 the Welfare Reform (Northern Ireland) Order 2015 (Cessation of Transitory Provision) Order 20208.
Regulations 5 and 6 are made with the consent of the Department of Finance9.
Proposals in respect of these Regulations were not referred to the Social Security Advisory Committee since it appeared to the Department for Communities that by reason of the urgency of the matter it was expedient not to do so10.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Income-Related Benefits (Local Welfare Provision Disregard) (Amendment) Regulations (Northern Ireland) 2022 and come into operation on 4th May 2022.
2
The Interpretation Act (Northern Ireland) 195411 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Income Support (General) Regulations2
1
The Income Support (General Regulations (Northern Ireland) 198712 are amended in accordance with paragraphs (2) to (4).
2
In regulation 2(1) interpretation after the definition of “liable relative” insert—
“local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—
- a
meeting, or helping to meet, an immediate short term need—
- i
arising out of an exceptional event, or exceptional circumstances; and
- ii
that requires to be met in order to avoid a risk to the well-being of an individual; or
- b
enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—
- i
in prison, hospital, a residential care establishment or other institution; or
- ii
homeless or otherwise living an unsettled way of life;
3
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) after paragraph 3113 insert—
31A
Any local welfare provision.
4
In Schedule 10 (capital to be disregarded) after paragraph 1814 insert—
18A
Any local welfare provision.
Amendment of the Jobseeker’s Allowance Regulations3
1
The Jobseeker’s Allowance Regulations (Northern Ireland) 199615 are amended in accordance with paragraphs (2) to (4).
2
In regulation 1(2) (citation, commencement and interpretation) after the definition of “liable relative” insert—
“local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—
- a
meeting, or helping to meet, an immediate short term need—
- i
arising out of an exceptional event, or exceptional circumstances; and
- ii
that requires to be met in order to avoid a risk to the well-being of an individual; or
- b
enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—
- i
in prison, hospital, a residential care establishment or other institution; or
- ii
homeless or otherwise living an unsettled way of life;”.
3
In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 33 insert—
33A
Any local welfare provision.
4
In Schedule 7 (capital to be disregarded) after paragraph 23 insert—
23A
Any local welfare provision.
Amendment of the State Pension Credit Regulations4
1
The State Pension Credit Regulations (Northern Ireland) 200316 are amended in accordance with paragraphs (2) and (3).
2
In regulation 1(2) (citation, commencement and interpretation) after the definition of “the Jobseeker’s Allowance Regulations” insert—
“local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—
- a
meeting, or helping to meet, an immediate short term need—
- i
arising out of an exceptional event, or exceptional circumstances; and
- ii
that requires to be met in order to avoid a risk to the well-being of an individual; or
- b
enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—
- i
in prison, hospital, a residential care establishment or other institution; or
- ii
homeless or otherwise living an unsettled way of life;”.
3
In Schedule 5 (income from capital) after paragraph 20(1)(d)17 insert—
da
by way of local welfare provision including arrears and payments in lieu of local welfare provision, or”.
Amendment of the Housing Benefit Regulations5
1
The Housing Benefit Regulations (Northern Ireland) 200618 are amended in accordance with paragraphs (2) to (4).
2
In regulation 2(1) (interpretation) after the definition of “local housing allowance”19 insert—
“local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—
- a
meeting, or helping to meet, an immediate short term need—
- i
arising out of an exceptional event, or exceptional circumstances; and
- ii
that requires to be met in order to avoid a risk to the well-being of an individual; or
- b
enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—
- i
in prison, hospital, a residential care establishment or other institution; or
- ii
homeless or otherwise living an unsettled way of life;”.
3
In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 32 insert—
32A
Any local welfare provision.
4
In Schedule 7 (capital to be disregarded) after paragraph 21 insert—
21A
Any local welfare provision.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations6
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 200620 are amended in accordance with paragraphs (2) and (3).
2
In regulation 2(1) (interpretation) after the definition of “local housing allowance”21 insert—
“local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—
- a
meeting, or helping to meet, an immediate short term need—
- i
arising out of an exceptional event, or exceptional circumstances; and
- ii
that requires to be met in order to avoid a risk to the well-being of an individual; or
- b
enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—
- i
in prison, hospital, a residential care establishment or other institution; or
- ii
homeless or otherwise living an unsettled way of life;”.
3
In Schedule 7 (capital to be disregarded) after paragraph 21(1)(e) insert—
ea
by way of local welfare provision including arrears and payments in lieu of local welfare provision;”.
Amendment of the Employment and Support Allowance Regulations7
1
The Employment and Support Allowance Regulations (Northern Ireland) 200822 are amended in accordance with paragraphs (2) to (4).
2
In regulation 2(1) (interpretation) after the definition of “limited capability for work assessment” insert—
“local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—
- a
meeting, or helping to meet, an immediate short term need—
- i
arising out of an exceptional event, or exceptional circumstances; and
- ii
that requires to be met in order to avoid a risk to the well-being of an individual; or
- b
enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—
- i
in prison, hospital, a residential care establishment or other institution; or
- ii
homeless or otherwise living an unsettled way of life;”.
3
In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) after paragraph 34 insert—
34A
Any local welfare provision.
4
In Schedule 9 (capital to be disregarded) after paragraph 23 insert—
23A
Any local welfare provision.
Amendment of the Universal Credit Regulations8
1
The Universal Credit Regulations (Northern Ireland) 201623 are amended in accordance with paragraphs (2) and (3).
2
In regulation 2 (interpretation), after the definition of “LCWRA element” insert—
“local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—
- a
meeting, or helping to meet, an immediate short term need—
- i
arising out of an exceptional event, or exceptional circumstances; and
- ii
that requires to be met in order to avoid a risk to the well-being of an individual; or
- b
enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—
- i
in prison, hospital, a residential care establishment or other institution; or
- ii
homeless or otherwise living an unsettled way of life;
3
In Schedule 10 (capital to be disregarded), after paragraph 1824, insert—
18A
A payment received within the past 12 months by way of local welfare provision including arrears and payments in lieu of local welfare provision.
Sealed with the Official Seal of the Department for Communities on 26th April 2022
The Department of Finance hereby consents to regulations 5 and 6 the foregoing regulations.
Sealed with the Official Seal of the Department of Finance on 26th April 2022
(This note is not part of the Regulations)