housing; rates; Social security Citation, commencement and interpretation 1 1 These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2007. 2 This regulation and regulations 2(1), (3) to (6), (7)(b)(ii) and (e), (8)(a) and (9), 3(1), (3) to (7), (8)(d) and (j), (9)(a), (11) and (12) , 4, 6, 7 and 8 shall come into force on 2nd April 2007. 3 Subject to paragraphs (4) and (5), regulations 2(8)(c), 3(9)(c) and 5 shall come into force on 8th April 2007. 4 Regulations 2(8)(c) and 3(9)(c) shall come into operation immediately after regulation 5. 5 Regulation 2(8)(c), 3(9)(c) and 5, in so far as they relate to a particular beneficiary, shall not apply on any day in a benefit week to commence for that beneficiary before 9th April 2007. 6 Subject to paragraphs (7) and (8), regulations 2(2), (7)(a), (b)(i) and (iii), (c), (d) and (f) to (h), (8)(b) to (d), 3(2), (8)(a) to (c), (e) to (i), (k) and (l), (9)(b) and (10) and 9, in so far as they relate to a particular beneficiary, shall come into operation on the first day of the first benefit week to commence for that beneficiary on or after 9th April 2007. 7 Regulations 2(7)(a), (c) and (f) to (h) and (8)(d), in so far as they relate to a particular beneficiary, shall come into operation immediately after Article 16 of the Up-rating Order 2007 comes into operation. 8 Regulations 3(8)(a), (c), (e) to (g) and (l), in so far as they relate to a particular beneficiary, shall come into operation immediately after Article 22 of the Up-rating Order 2007 comes into operation. 9 In this regulation— “benefit week” has the same meaning as in— regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987 so far as it relates to regulations 2 and 5(2); and regulation 1(2) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 so far as it relates to regulations 3 and 5(3); “the Up-rating Order 2007” means the Social Security Benefits Up-rating Order (Northern Ireland) 2007 . 10 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Amendment of the Income Support (General) Regulations 2 1 The Income Support (General) Regulations (Northern Ireland) 1987 shall be amended in accordance with paragraphs (2) to (9). 2 In regulation 2(1) (interpretation) after the definition of “lone parent” insert— “long-term patient” means a person who— is a patient within the meaning of regulation 21(3); and has been such a patient for a continuous period of more than 52 weeks; . 3 In regulation 42(2) (notional income) for sub-paragraph (h) substitute— h any sum to which paragraph 43(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in a way referred to in paragraph 43(1)(a), . 4 In regulation 51 (notional capital)— a in paragraph (1) for sub-paragraph (c) substitute— c any sum to which paragraph 43(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in a way referred to in paragraph 43(1)(a). ; and b in paragraph (2) for sub-paragraph (e) substitute— e any sum to which paragraph 43(2)(a) of Schedule 10 (capital to be disregarded) applies which is administered in a way referred to in paragraph 43(1)(a), . 5 In regulation 66B (treatment of payments from access funds)— a in paragraph (3) omit “(which has the same meaning as in paragraph 15(2) of Schedule 9)”; and b after paragraph (3) insert— 3A In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include— a school uniforms, or b clothing or footwear used solely for sporting activities. . 6 In regulation 68 (income treated as capital)— a in paragraph (3) omit “(which has the same meaning as in paragraph 15(2) of Schedule 9)”; and b after paragraph (3) add— 4 In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include— a school uniforms, or b clothing or footwear used solely for sporting activities. . 7 In Schedule 2 (applicable amounts)— a in paragraph 1(1)(c) and (2)(c) (personal allowances) for “paragraph 11(a)” substitute “paragraph 11(1)(a)”; b in paragraph 10 (higher pensioner premium)— i in sub-paragraph (1) , at the beginning, insert “Subject to sub-paragraph (5), ”; ii in sub-paragraph (4) omit “, (2)(b)(ii)”, and iii after sub-paragraph (4) add— 5 The condition is not satisfied if the claimant’s partner to whom sub-paragraph (1) refers is a long-term patient. ; c in paragraph 11 (disability premium)— i renumber paragraph 11 as paragraph 11(1), ii in renumbered sub-paragraph (1), at the beginning, insert “Subject to sub-paragraph (2), ”, and iii after that sub-paragraph add— 2 The condition is not satisfied if — a the claimant is a single claimant or a lone parent and, in either case, is a long-term patient; b the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or c the claimant is a member of a couple or polygamous marriage and a member of that couple or polygamous marriage is— i a long-term patient, and ii the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) refers. ; d in paragraph 12(1) (additional condition for the higher pensioner and disability premiums)— i in head (b)(ii)(bb) for “paragraphs 2A and 2B” substitute “paragraph 2A”, and ii in head (d) omit “or 2B”; e in paragraph 13 (severe disability premium)— i in sub-paragraph (3ZA) for “the date on which the award is made” substitute “the date on which the award is first paid”, and ii in sub-paragraph (5) for “an invalid care allowance” substitute “a carer’s allowance”; f in paragraph 13A (enhanced disability premium) for sub-paragraph (2) substitute— 2 The condition is not satisfied if the person to whom sub-paragraph (1) refers is— a a child or young person— i whose capital if calculated in accordance with Part V of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000, or ii who is a long-term patient; b a single claimant or a lone parent and, in either case, is a long-term patient; c a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or d a member of a couple or polygamous marriage who— i is a long-term patient, and ii is the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers. ; g for paragraph 14 (disabled child premium) substitute— Disabled Child Premium 14 1 Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is— a in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; or b blind or treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2). 2 The condition is not satisfied in respect of a child or young person— a whose capital, if calculated in accordance with Part V of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000; or b who is a long-term patient. ; and h in paragraph 15(4) (weekly amounts of premiums specified in Part III)— i in head (a) for “paragraph 11(a)” substitute “paragraph 11(1)(a)”, and ii in head (b) for “paragraph 11(b)” substitute “paragraph 11(1)(b)”. 8 In Schedule 7 (applicable amounts in special cases)— a in the heading, for “Regulation 21” substitute “Regulations 21 and 21AA”; b omit paragraph 2B in Columns (1) and (2); c omit paragraph 3 in Columns (1) and (2); and d in paragraph 17, Columns (1) and (2), for “paragraph 11(b)” substitute “paragraph 11(1)(b)”. 9 In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) in paragraph 30A(1) for “whether or not the payment is charitable or voluntary” substitute “except a charitable or voluntary payment disregarded under paragraph 15”. Amendment of the Jobseeker’s Allowance Regulations 3 1 The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 shall be amended in accordance with paragraphs (2) to (12). 2 In regulation 1(2) (interpretation) after the definition of “lone parent” insert— “long-term patient” means a person who— is a patient within the meaning of regulation 85(4); and has been such a patient for a continuous period of more than 52 weeks; . 3 In regulation 3E(2)(d) (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple) for “85” substitute “85A”. 4 In regulation 105(2) (notional income) for sub-paragraph (h) substitute— h any sum to which paragraph 41(2)(a) of Schedule 7 (capital to be disregarded) applies which is administered in a way referred to in paragraph 41(1)(a), . 5 In regulation 113 (notional capital)— a in paragraph (1) for sub-paragraph (c) substitute— c any sum to which paragraph 41(2)(a) of Schedule 7 (capital to be disregarded) applies which is administered in a way referred to in paragraph 41(1)(a). ; and b in paragraph (2) for sub-paragraph (e) substitute— e any sum to which paragraph 41(2)(a) of Schedule 7 (capital to be disregarded) applies which is administered in a way referred to in paragraph 41(1)(a), . 6 In regulation 136A (treatment of payments from access funds)— a in paragraph (3) omit “(which has the same meaning as in paragraph 15(2) of Schedule 6)”; and b after paragraph (3) insert— 3A In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include— a school uniforms, or b clothing or footwear used solely for sporting activities. . 7 In regulation 138 (income treated as capital)— a in paragraph (3) omit “(which has the same meaning as in paragraph 15(2) of Schedule 6)”; and b after paragraph (3) add— 4 In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include— a school uniforms, or b clothing or footwear used solely for sporting activities. . 8 In Schedule 1 (applicable amounts)— a in paragraph 1(1)(c), (2)(c) and (3)(d) (personal allowances) for “paragraph 13(a)” substitute “paragraph 13(1)(a)”; b in paragraph 12 (higher pensioner premium)— i in sub-paragraph (1) , at the beginning, insert “Subject to sub-paragraph (4), ”, and ii after sub-paragraph (3) add— 4 The condition is not satisfied if— a the claimant is a single claimant or a lone parent and, in either case, is a long-term patient; b the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or c the claimant is a member of a couple or polygamous marriage and a member of that couple or polygamous marriage is— i a long-term patient, and ii the only member of the couple or polygamous marriage to whom sub-paragraph (1)(b) or (c) refers. ; c in paragraph 13 (disability premium)— i renumber paragraph 13 as paragraph 13(1), ii in renumbered sub-paragraph (1), at the beginning, insert “Subject to sub-paragraph (2), ”, and iii after that sub-paragraph add— 2 The condition is not satisfied if— a the claimant is a single claimant or a lone parent and, in either case, is a long-term patient; b the claimant is a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or c the claimant is a member of a couple or polygamous marriage and a member of that couple or polygamous marriage— i is a long-term patient, and ii is the only member of the couple or polygamous marriage to whom the condition in sub-paragraph (1)(b) or (c) refers. ; d in paragraph 15 (severe disability premium) — i in sub-paragraph (7) for “the date on which the award is made” substitute “the date on which the award is first paid”, and ii in sub-paragraph (9) for “an invalid care allowance” substitute “a carer’s allowance”; e in paragraph 15A (enhanced disability premium) for sub-paragraph (2) substitute— 2 The condition is not satisfied if the person to whom sub-paragraph (1) refers is— a a child or young person— i whose capital if calculated in accordance with Part VIII of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000, or ii who is a long-term patient; b a single claimant or a lone parent and, in either case, is a long-term patient; c a member of a couple or polygamous marriage and each member of the couple or polygamous marriage is a long-term patient; or d a member of a couple or polygamous marriage who is— i a long-term patient, and ii the only member of the couple or polygamous marriage to whom sub-paragraph (1) refers. ; f for paragraph 16 (disabled child premium) substitute— Disabled Child Premium 16 1 Subject to sub-paragraph (2), the condition is that where the child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household is— a in receipt of disability living allowance or is no longer in receipt of that allowance because he is a patient provided that the child or young person continues to be a member of the family; or b blind or treated as blind within the meaning of paragraph 14(1)(h) and (2). 2 The condition is not satisfied in respect of a child or young person— a whose capital, if calculated in accordance with Part VIII of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000, or b who is a long-term patient. ; g in paragraph 20(5) (weekly amounts of premiums specified in Part III)— i in head (a) for “paragraph 13(a)” substitute “paragraph 13(1)(a)”, and ii in head (b) for “paragraph 13(b) or (c)” substitute “paragraph 13(1)(b) or (c)”; h in paragraph 20F (higher pensioner premium)— i in sub-paragraph (1), at the beginning, insert “Subject to sub-paragraph (4), ”, and ii after sub-paragraph (3) add— 4 The condition is not satisfied if the member of the joint-claim couple to whom sub-paragraph (1) refers is a long-term patient. ; i in paragraph 20G (disability premium)— i renumber paragraph 20G as paragraph 20G(1), ii in renumbered sub-paragraph (1), at the beginning, insert “Subject to sub-paragraph (2), ”, and iii after that sub-paragraph add— 2 The condition is not satisfied if— a sub-paragraph (1) only refers to one member of a joint-claim couple and that member is a long-term patient; or b sub-paragraph (1) refers to both members of a joint-claim couple and both members of the couple are long-term patients. ; j in paragraph 20I (severe disability premium)— i in sub-paragraph (6)— aa for “invalid care allowance” substitute “carer’s allowance”, and bb for “the date on which the award is made” substitute “the date on which the award is first paid”, and ii in sub-paragraph (7) for “an invalid care allowance” substitute “a carer’s allowance”; k in paragraph 20IA (enhanced disability premium) for sub-paragraph (2) substitute— 2 The condition is not satisfied if— a sub-paragraph (1) only refers to one member of a joint-claim couple and that member is a long-term patient, or b sub-paragraph (1) refers to both members of a joint-claim couple and both members of the couple are long-term patients. ; and l in paragraph 20M(3) (weekly amounts of premiums specified in Part IVA) for “paragraph 20G” substitute “paragraph 20G(1)”. 9 In Schedule 4 (applicable amounts in special cases)— a in the heading, for “Regulation 85” substitute “Regulations 85 and 85A”; b omit paragraph 1A in Columns (1) and (2); and c omit paragraph 2 in Columns (1) and (2). 10 In Schedule 4A (applicable amounts of joint-claim couples in special cases) omit paragraph 1A in Columns (1) and (2). 11 In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) in paragraph 32(1) for “whether or not the payment is charitable or voluntary” substitute “except a charitable or voluntary payment disregarded under paragraph 15”. 12 In Schedule 7 (capital to be disregarded) paragraph 41 shall be renumbered as paragraph 41(1). Amendment of the State Pension Credit Regulations 4 In paragraph 1(2)c of Schedule 1 to the State Pension Credit Regulations (Northern Ireland) 2003 (circumstances in which persons are treated as being or not being severely disabled) for “the date on which the award is made” substitute “the date on which the award is first paid”. Amendment of the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations 5 1 The Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003 shall be amended in accordance with paragraphs (2) and (3). 2 In Schedule 1 (amendments to the Income Support Regulations ) omit paragraph 21(d). 3 In Schedule 2 (amendments to the Jobseeker’s Allowance Regulations) omit paragraph 21(a) . Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 6 In regulation 2(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 (interpretation) in the definition of “partner” at paragraph (a) for “of couple” substitute “of a couple”. Amendment of the Housing Benefit Regulations 7 1 The Housing Benefit Regulations (Northern Ireland) 2006 shall be amended in accordance with paragraphs (2) to (5). 2 In regulation 39(2)(d) (notional income) for “refers” substitute “applies which is administered in a way referred to in paragraph 45(1)(a)”. 3 In regulation 46(2)(e) (notional capital) for “refers” substitute “applies which is administered in a way referred to in paragraph 45(1)(a)”. 4 In Schedule 1 (ineligible service charges) in paragraph 1(a) for head (iii) substitute— iii leisure items such as either sports facilities (except a children’s play area), or television rental, licence and subscription fees (except radio relay charges and charges made in respect of the conveyance and installation and maintenance of equipment for the conveyance of a television broadcasting service); . 5 In Schedule 4 (applicable amounts) in paragraph 14(6) for “the date on which the award is made” substitute “the date on which the award is first paid”. Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 8 1 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 shall be amended in accordance with paragraphs (2) and (3). 2 In Schedule 1 (ineligible service charges) in paragraph 1(a) for head (iii) substitute— iii leisure items such as either sports facilities (except a children’s play area), or television rental, licence and subscription fees (except radio relay charges and charges made in respect of the conveyance and installation and maintenance of equipment for the conveyance of a television broadcasting service); . 3 In Schedule 4 (applicable amounts) in paragraph 6(8)(a) for “the date on which the award is made” substitute “the date on which the award is first paid”. Revocations 9 1 The following provisions shall be revoked— a paragraph 21(d) of Schedule 1 and paragraph 21(a) of Schedule 2 to the Social Security (Working Tax Credit and Child Tax Credit Consequential Amendments) Regulations (Northern Ireland) 2003; and b regulations 3(3)(b) and 5(5)(b) and (6)(b) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005 . Sealed with the Official Seal of the Department for Social Development on 9th March 2007 (L.S.) John O’Neill A senior officer of the Department for Social Development The Department of Finance and Personnel consents to regulations 7 and 8. Sealed with the Official Seal of the Department of Finance and Personnel on 9th March 2007 (L.S.) Mary McIvor A senior officer of the Department of Finance and Personnel