HOUSING; RATES; SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Social Security (Capital Disregards and Recovery of Benefits Amendment) Regulations (Northern Ireland) 2001 and shall come into operation on 12th April 2001. 2 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Capital to be disregarded 2 1 There shall be added as paragraph 59 of Schedule 10 to the Income Support (General) Regulations (Northern Ireland) 1987 and paragraph 52 of Schedule 7 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (capital to be disregarded) the following paragraph— — 1 Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a member of a claimant’s family who is— a a diagnosed person; b the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death; c a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death, or d a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death. 2 Where a trust payment is made to— a a person referred to in sub-paragraph (1)( a ) or (1)( b ), that sub-paragraph shall apply for the period beginning on and including the date on which the trust payment is made and ending on the date on which that person dies; b a person referred to in sub-paragraph (1)( c ), that sub-paragraph shall apply for the period beginning on and including the date on which the trust payment is made and ending two years after that date; c a person referred to in sub-paragraph (1)( d ), that sub-paragraph shall apply for the period beginning on and including the date on which the trust payment is made and ending— i two years after that date, or ii on the day before the day on which that person— aa ceases receiving full-time education, or bb attains the age of 19, whichever is the latest. 3 Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment had been made, which is made to a claimant or a member of a claimant’s family who is— a the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death; b a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death, or c a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death, but only to the extent that such payments do not exceed the total amount of any trust payments made to that person. 4 Where a payment as referred to in sub-paragraph (3) is made to— a a person referred to in sub-paragraph (3)( a ), that sub-paragraph shall apply for the period beginning on and including the date on which that payment is made and ending on the date on which that person dies; b a person referred to in sub-paragraph (3)( b ), that sub-paragraph shall apply for the period beginning on and including the date on which that payment is made and ending two years after that date; c a person referred to in sub-paragraph (3)( c ), that sub-paragraph shall apply for the period beginning on and including the date on which that payment is made and ending— i two years after that date, or ii on the day before the day on which that person— aa ceases receiving full-time education, or bb attains the age of 19, whichever is the latest. 5 In this paragraph, a reference to a person— a being the diagnosed person’s partner; b being a member of the diagnosed person’s family, or c acting in the place of the diagnosed person’s parents, at the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person being in residential accommodation, a residential care home or a nursing home on that date. 6 In this paragraph— “diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease; “relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions; “trust payment” means a payment under a relevant trust. . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Social Fund (Maternity and Funeral Expenses) Regulations 3 In regulation 7(2) of the Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987 (deductions from an award of a funeral payment), after “the Eileen Trust”, in the first place where those words appear, there shall be inserted “or under a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions”. Amendment of the Social Security (Recovery of Benefits) Regulations 4 In regulation 2(1) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997 (exempted trusts and payments), after sub-paragraph ( d ) there shall be added the following sub-paragraphs— e a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for interim payments in accordance with its provisions; f a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments, other than interim payments, in accordance with its provisions. . Sealed with the Official Seal of the Department for Social Development on 3rd April 2001. John O'Neill Senior Officer of the Department for Social Development The Department of Finance and Personnel hereby consents to regulation 2(2) of the foregoing Regulations. Sealed with the Official Seal of the Department of Finance and Personnel on 3rd April 2001. Brian Delaney Senior Officer of the Department of Finance and Personnel