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STATUTORY RULES OF NORTHERN IRELAND

2006 No. 178

HOUSING; RATES; SOCIAL SECURITY

The Social Security (Persons from Abroad) (Amendment) Regulations (Northern Ireland) 2006

  Made 3rd April 2006 
  Coming into operation 30th April 2006 

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(a) and (d), 131(1) and (2), 133(2), 134(1)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[1] and Articles 6(5) and (12) and 36(2) of, and paragraph 11 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995[2], and now vested in it[3], and sections 1(5)(a) and 19(1), (2)(a) and (3) of the State Pension Credit Act (Northern Ireland) 2002[4].

     Regulation 3 of these Regulations is made with the consent of the Department of Finance and Personnel[5].

     The Social Security Advisory Committee has agreed that proposals in respect of regulation 3 should not be referred to it[6].

Citation, commencement and interpretation
     1. —(1) These Regulations shall be cited as the Social Security (Persons from Abroad) (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 30th April 2006.

    (2) In these Regulations—

    (3) The Interpretation Act (Northern Ireland) 1954[12] shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support Regulations
     2. —(1) The Income Support Regulations shall be amended in accordance with paragraphs (2) and (3).

    (2) In regulation 21 (special cases)—

    (3) After regulation 21 there shall be inserted the following regulation—

Amendment of the Housing Benefit Regulations
     3. —(1) The Housing Benefit Regulations shall be amended in accordance with paragraphs (2) to (4).

    (2) In regulation 7A[22] (persons from abroad)—

    (3) In regulation 7A(5ZB) (persons from abroad), as substituted by paragraph (2)(c), for sub-paragraph (k) there shall be substituted the following sub-paragraph—

    (4) The amendment made by paragraph (3) is to the Regulations as modified in their application to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003[27] applies.

Amendment of the Jobseeker's Allowance Regulations
     4. —(1) The Jobseeker's Allowance Regulations shall be amended in accordance with paragraphs (2) and (3).

    (2) In regulation 85 (special cases)—

    (3) After regulation 85 there shall be inserted the following regulation—

Amendment of the State Pension Credit Regulations
     5. For regulation 2[31] of the State Pension Credit Regulations (persons not in Northern Ireland) there shall be substituted the following regulation—

Amendment of the Social Fund Regulations
     6. In regulation 7 of the Social Fund Regulations (funeral payments: entitlement)—

Nationals of Norway, Iceland, Liechtenstein and Switzerland
     7. The following provisions shall apply in relation to a national of Norway, Iceland, Liechtenstein or Switzerland or a member of his family (within the meaning of Article 2 of Council Directive No. 2004/38/EC) as if such a national were a national of a member State—

Revocations and savings
     8. —(1) The following Regulations are hereby revoked—

    (2) Nothing in these Regulations shall affect the continued operation of the transitional arrangements and savings provided for in—



Sealed with the Official Seal of the Department for Social Development on


3rd April 2006.

L.S.


John O'Neill
A senior officer of the Department for Social Development


The Department of Finance and Personnel hereby consents to regulation 3 of the foregoing Regulations.



Sealed with the Official Seal of the Department of Finance and Personnel on


4th April 2006.

L.S.


Catherine Daly
A senior officer of the Department of Finance and Personnel

EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Jobseeker's Allowance Regulations (Northern Ireland) 1996, the State Pension Credit Regulations (Northern Ireland) 2003 ("the income-related benefits regulations") and the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 ("the Social Fund regulations").

The Regulations amend the income-related benefits regulations and the Social Fund regulations in consequence of the Council Directive No. 2004/38/EC (O.J. No. L158, 30.4.04, p.77) ("the Directive"), the provisions of which are to be transposed by the Immigration (European Economic Area) Regulations 2006. In particular, they amend the income-related benefits regulations so that the categories of persons who are excepted from the habitual residence test are defined in terms of the Directive. They also amend the income-related benefits regulations so that no claimant who has a right to reside existing by virtue of or in accordance with one or more of the specified rights will be treated as habitually resident for the purpose of entitlement to income support, jobseeker's allowance, housing benefit and state pension credit. This applies the derogation in Article 24(2) of the Directive.

The Regulations also include provision to ensure that a national of Norway, Iceland, Liechtenstein or Switzerland is treated as having the same status or right as a national of a member State in certain circumstances.

Regulation 8 makes consequential revocations, while preserving relevant transitional and savings provisions.

In so far as these Regulations are required, for the purposes of regulation 3, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.

Notes:

 [1] 1992 c. 7; section 133(2)(d) was substituted by paragraph 18(3) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705) (N.I. 15)); section 134(1) was substituted by Article 66(1) of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)back

[2] S.I. 1995/2705 (N.I. 15); Article 6 was amended by paragraph 6 of Schedule 7, and paragraph 27(2) of Schedule 8, to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and paragraph 2(3) of the Schedule to S.R. 2006 No. 37; Article 36(2)(a) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)back

[3] See Article 8(b) of S.R. 1999 No. 481back

[4] 2002 c. 14 (N.I.)back

[5] See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481back

[6] See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)back

[7] S.R. 1987 No. 461; relevant amending regulations are S.R. 1994 No. 80, S.R. 1996 Nos. 11, 334, 375, 405 and 448, S.R. 1998 No. 81, S.R. 2000 Nos. 71 and 125, S.R. 2003 No. 197 and S.R. 2004 No. 197back

[8] S.R. 1987 No. 459; relevant amending regulations are S.R. 1994 No. 266, S.R. 1995 No. 86, S.R. 1996 Nos. 375 and 405, S.R. 1998 No. 81, S.R. 2000 Nos. 71 and 125, S.R. 2004 No. 197 and S.R. 2005 Nos. 458, 536 and 580back

[9] S.R. 1996 No.198; relevant amending regulations are S.R. 1996 Nos. 356 and 503, S.R. 1998 No. 81, S.R. 2000 Nos. 71 and 125, S.R. 2004 No. 197 and S.R. 2005 Nos. 458, 536 and 580back

[10] S.R. 2003 No. 28; relevant amending regulations are S.R. 2003 No. 421 and S.R. 2004 No. 197back

[11] S.R. 2005 No. 506back

[12] 1954 c. 33 (N.I.)back

[13] Regulation 21(3) was amended by regulation 2(1) of S.R. 1994 No. 266, regulation 2(6)(a) of S.R. 1995 No. 86, regulation 5(6)(b) of S.R. 1996 No. 405, regulations 5(2)(b) and 11(3) of S.R. 1998 No. 81, regulation 5(4) of S.R. 2000 No. 71, regulation 2 of S.R. 2000 No. 125, regulation 3(a) and (b) of S.R. 2004 No. 197, paragraph 5(a) of Schedule 1 to S.R. 2005 No. 458, paragraph 12(3) of Schedule 3 to S.R. 2005 No. 536 and regulation 3(2)(b) of S.R. 2005 No. 580back

[14] Paragraph (3D) was inserted by regulation 3(3) of S.R. 1996 No. 375back

[15] Paragraph (3E) was inserted by regulation 3(c) of S.R. 2004 No. 197back

[16] S.I. 2006/1003back

[17] O.J. No. L158, 30.4.04, p.77back

[18] S.I. 2004/1219back

[19] Cmd. 9171back

[20] Cmnd. 3906back

[21] 1971 c. 77back

[22] Regulation 7A was inserted by regulation 2(1) of S.R. 1994 No. 80back

[23] Paragraph (4) was amended by regulation 4(3)(b) of S.R. 1996 No. 405, regulation 2(b) of S.R. 1996 No. 448, regulation 11(3) and (4)(a) of S.R. 1998 No. 81, regulation 6(3)(a) of S.R. 2000 No. 71, regulation 4 of S.R. 2000 No. 125 and regulation 2(a) of S.R. 2004 No. 197back

[24] Paragraph (4B) was inserted by regulation 2(b) of S.R. 2004 No. 197back

[25] Paragraph (5) was substituted by regulation 5(b) of S.R. 1996 No. 11 and amended by regulation 4 of S.R. 1996 No. 334, regulation 2 of S.R. 1996 No. 375, regulation 6(3)(a) of S.R. 2000 No. 71 and regulation 5 of S.R. 2003 No. 197back

[26] Paragraph (7) was amended by regulation 5(d) of S.R. 1996 No. 11, regulation 2(c) of S.R. 1996 No. 448 and regulation 6(3)(c) of S.R. 2000 No. 71back

[27] S.R. 2003 No. 197back

[28] Paragraph (4) was amended by regulation 8(1)(b) of S.R. 1996 No. 356, regulation 5(2)(c) and 11(3) of S.R. 1998 No. 81, regulation 10(3)(a) and (b) of S.R. 2000 No. 71, regulation 3 of S.R. 2000 No. 125, regulation 4(a) and (b) of S.R. 2004 No. 197, paragraph 4(b) of Schedule 3 to S.R. 2005 No. 458, paragraph 23(5) of Schedule 3 to S.R. 2005 No. 536 and regulation 5(2)(b) of S.R. 2005 No. 580back

[29] Paragraph (4A) was inserted by regulation 2(9)(b) of S.R. 1996 No. 503back

[30] Paragraph (4B) was inserted by regulation 4(c) of S.R. 2004 No. 197back

[31] Regulation 2 was amended by regulation 2(3) of S.R. 2003 No. 421 and regulation 5 of S.R. 2004 No. 197back

[32] S.I. 2006/1003back

[33] 1999 c. 33back

[34] Regulation 21(AA) was inserted by regulation 2(3) of these regulationsback

[35] Paragraph (5ZB) was substituted by regulation 3(2)(c) of these regulationsback

[36] Regulation 85A was inserted by regulation 4(3) of these regulationsback

[37] Regulation 2 was substituted by regulation 5 of these regulationsback

[38] Paragraph 10 was substituted by regulation 6(b) of these regulationsback

[39] S.R. 1994 No. 266back

[40] S.R. 1996 No. 375back

[41] S.R. 2000 No. 125back

[42] S.R. 2004 No. 197back

[43] S.R. 1996 No. 11; relevant amending regulations are S.R. 2000 No. 71back


ISBN 0 337 96475 0


 © Crown copyright 2006

Prepared 10 April 2006

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