HOUSING; RATES; SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Social Security (Housing Benefit, State Pension Credit and Miscellaneous Amendments) Regulations (Northern Ireland) 2004 and shall come into operation – a for the purposes of this regulation and regulations 2(10)(a)(iii) and (iv) and (b) and (22) and 6(1) to (4) and (6), on 4th October 2004; b for the purposes of regulation 7, on 6th October 2004; c for all other purposes, on 4th April 2005. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Amendment of the Housing Benefit Regulations 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Social Security and Child Support (Decisions and Appeals) Regulations 3 In regulation 7(17B)(d)(ii) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (date from which a decision superseded under Article 11 takes effect) for “a non-dependant’s income increases and this affects” there shall be substituted “there has been a change of circumstances in respect of a non-dependant and this reduces”. Amendment of the Income Support (General) Regulations 4 In Schedule 3 to the Income Support (General) Regulations (Northern Ireland) 1987 (housing costs) – a in paragraph 3(11)(c) (circumstances in which a person is to be treated as occupying a dwelling as his home) for sub-head (i) there shall be substituted the following sub-head – i detained in custody on remand pending trial or, as a condition of bail, required to reside in a dwelling, other than the dwelling he occupies as his home or, detained pending sentence upon conviction, or ; b in paragraph 18 (non-dependant deductions) – i in sub-paragraph (1) for heads (a) to (c) there shall be substituted the following heads – a in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £47·75; b in respect of a non-dependant aged 18 or over to whom head (a) does not apply, £7·40. ; ii in sub-paragraph (7) – aa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . bb after head (g) there shall be added the following head – h if he is in receipt of state pension credit. . Amendment of the Jobseeker’s Allowance Regulations 5 In Schedule 2 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (housing costs) – a in paragraph 3(11)(c) (circumstances in which a person is to be treated as occupying a dwelling as his home) for sub-head (i) there shall be substituted the following sub-head – i required, as a condition of bail, to reside in a dwelling, other than the dwelling he occupies as his home; or; ; b in paragraph 17 (non-dependant deductions) – i in sub-paragraph (1), for heads (a) to (c) there shall be substituted the following heads – a in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £47·75; b in respect of a non-dependant aged 18 or over to whom head (a) does not apply, £7·40. ; ii in sub-paragraph (7) – aa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . bb after head (g) there shall be added the following head – h if he is in receipt of state pension credit. . Amendment of the State Pension Credit Regulations 6 1 The State Pension Credit Regulations (Northern Ireland) 2003 shall be amended in accordance with paragraphs (2) to (6). 2 In regulation 1(2) (interpretation), after the definition of “the Eileen Trust” there shall be inserted – “equity release scheme” means a loan – made between a person (“the lender”) and the claimant; by means of which a sum of money is advanced by the lender to the claimant by way of payments at regular intervals, and which is secured on a dwelling in which the claimant owns an estate or interest and which he occupies as his home; . 3 In regulation 15(5) (income for the purposes of the Act) after sub-paragraph (i) there shall be added the following sub-paragraph – j any payment made at regular intervals under an equity release scheme. . 4 At the end of regulation 16 (retirement pension income) there shall be added the following paragraph – m any payment made at regular intervals under an equity release scheme. . 5 In Schedule 2 (housing costs) – a in paragraph 4(11)(c) (circumstances in which a person is to be treated as occupying a dwelling as his home) for sub-head (i) there shall be substituted the following sub-head – i detained in custody on remand pending trial or, as a condition of bail, required to reside in a dwelling, other than the dwelling he occupies as his home or, detained pending sentence upon conviction; or ; b in paragraph 14 (persons residing with the claimant) – i in sub-paragraph (1), for heads (a) to (c) there shall be substituted the following heads – a in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £47·75; b in respect of a non-dependant aged 18 or over to whom head (a) does not apply, £7·40. ; ii in sub-paragraph (7) – aa at the end of head (e) there shall be inserted “or”; bb after head (e) there shall be added the following head – f if he is in receipt of state pension credit. . 6 In paragraph 4(a) of Schedule 5 (capital disregarded for the purpose of calculating income), for the words from “partner” to “claimant” there shall be substituted “person who is a close relative, grandparent, grandchild, uncle, aunt, nephew or niece of the claimant or of his partner”. Amendment of the Social Security (Claims and Payments) Regulations 7 In regulation 4E(3) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (making a claim after attaining the qualifying age: date of claim) – a for “claimant” the first time it appears there shall be substituted “person wishing to make a claim”, and b in sub-paragraph (a) after “informs” there shall be inserted “(by whatever means)”. Sealed with the Official Seal of the Department for Social Development on 15th September 2004. John O'Neill A senior officer of the Department for Social Development The Department of Finance and Personnel hereby consents to regulation 2. Sealed with the Official Seal of the Department of Finance and Personnel on 15th September 2004. Ciaran Doran A senior officer of the Department of Finance and Personnel