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53 provisions
40 Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005
In regulation 10(1A) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 (deductions from an award of a funeral payment), after sub-paragraph (c) insert—
(ca) carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;
.
41 Amendment of the Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005
In regulation 3(1)(a) of the Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005 (amount of retirement pension not included in the calculation of the lump sum), after head (iv) insert—
(v) carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;
.
42 Amendment of the Housing Benefit Regulations (Northern Ireland) 2006
(1) The Housing Benefit Regulations (Northern Ireland) 2006 are amended as follows.
(2) In regulation 2(1) (interpretation), after the definition of “broad rental market determination” insert—
“carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;
.
(3) In regulation 73F(1) (exception to the benefit cap: receipt of specified benefit), after sub-paragraph (ha) insert—
(hb) the claimant, the claimant’s partner, or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a carer support payment;
.
(4) In Schedule 4 (applicable amounts)—
(a) in paragraph 7—
(i) at the end of sub-paragraph (1)(a) omit “and”;
(ii) at the end of sub-paragraph (1)(b) insert “and”;
(iii) after sub-paragraph (1)(b) insert—
(c) in the case of carer support payment, any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.
;
(iv) in sub-paragraph (2)—
(aa) after “carer’s allowance by virtue of sub-paragraph (1)(a)” insert “or carer support payment by virtue of sub-paragraph (1)(c)”;
(bb) after “the allowance” insert “or payment”;
(b) in paragraph 14—
(i) in sub-paragraph (2)(a)(iii), after “carer’s allowance under section 70 of the Act” insert “, carer support payment”;
(ii) in the words after sub-paragraph (2)(b)(iii)—
(aa) after “carer’s allowance” insert “, carer support payment”;
(bb) after “such an allowance” insert “or payment”;
(iii) in sub-paragraphs (5)(b) and (6), after “carer’s allowance”, in each place it occurs, insert “, carer support payment”;
(c) in paragraph 17—
(i) in sub-paragraph (1), after “carer’s allowance under section 70 of the Act” insert “or carer support payment”;
(ii) in sub-paragraph (2), after “carer’s allowance”, in both places it occurs, insert “or carer support payment”;
(iii) in sub-paragraph (3)—
(aa) after “carer’s allowance”, in both places it occurs, insert “or carer support payment”;
(bb) after “that allowance” insert “or payment”;
(iv) in sub-paragraph (4)—
(aa) after “carer’s allowance”, in each place it occurs insert “or carer support payment”;
(bb) after “that allowance”, in both places it occurs, insert “or payment”;
(d) in paragraph 20—
(i) in sub-paragraph (6)(b)(i), after “carer’s allowance” insert “or carer support payment”;
(ii) in sub-paragraph (6)(b)(ii), after “such an allowance” insert “, such a payment”.
(5) In paragraph 5(1) of Schedule 5 (sums to be disregarded in the calculation of earnings), after “carer’s allowance”, in both places it occurs, insert “or carer support payment”.
(6) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings), after paragraph 70 insert—
71 Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Act.
.
43 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006
(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 are amended as follows.
(2) In regulation 2 (interpretation), after the definition of “broad rental market area determination” insert—
“carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;
.
(3) In regulation 27 (meaning of “income”), after paragraph (4)(f) insert—
(g) regulation 16(2) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.
.
(4) In Schedule 4 (applicable amounts)—
(a) in paragraph 5—
(i) at the end of sub-paragraph (1)(a) omit “and”;
(ii) at the end of sub-paragraph (1)(b) insert “and”;
(iii) after sub-paragraph (1)(b) insert—
(c) in the case of carer support payment, any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.
;
(iv) in sub-paragraph (2)—
(aa) after “by virtue of sub-paragraph (1)(a)” insert “or carer support payment by virtue of sub-paragraph (1)(c)”;
(bb) after “the allowance” insert “or payment”;
(b) in paragraph 6—
(i) in sub-paragraph (2)(a)(iii), after “carer's allowance under section 70 of the Act” insert “or carer support payment”;
(ii) in the words after sub-paragraph (2)(b)(iii)—
(aa) after “carer’s allowance” insert “or carer support payment”;
(bb) after “such an allowance” insert “or payment”;
(iii) in sub-paragraph (7)(b), after “carer’s allowance” insert “or carer support payment”;
(c) in paragraph 9, after “carer’s allowance”, in each place it occurs, insert “or carer support payment”;
(d) in paragraph 12—
(i) in sub-paragraph (1)(b)(i), after “carer’s allowance” insert “or carer support payment”;
(ii) in sub-paragraph (1)(b)(ii), after “such an allowance” insert “or payment”.
(5) In Schedule 6 (amounts to be disregarded in the calculation of income other than earnings), after paragraph 25 insert—
26 Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Act.
.
44 Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008
(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended as follows.
(2) In regulation 2(1) (interpretation), after the definition of “carer’s allowance” insert—
“carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;
.
(3) In regulation 8(2)(a) (relaxation of the first contribution condition), after “carer’s allowance” insert “or carer support payment”.
(4) In regulation 144(2)(a) (waiting days), after “carer’s allowance” insert “, carer support payment”.
(5) In regulation 165(3) (entitlement for less than a week – amount of an employment and support allowance payable), after “carer’s allowance” insert “, carer support payment”.
(6) In regulation 167(d) (modification in the calculation of income), after “carer’s allowance” insert “, carer support payment”.
(7) In Schedule 4 (amounts)—
(a) in paragraph 4—
(i) at the end of sub-paragraph (1)(a) omit “and”;
(ii) at the end of sub-paragraph (1)(b) insert “and”;
(iii) after sub-paragraph (1)(b) insert—
(c) in the case of carer support payment, for any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.
;
(iv) in sub-paragraph (2)—
(aa) after “carer’s allowance by virtue of sub-paragraph (1)(a)” insert “or carer support payment by virtue of sub-paragraph (1)(c)”;
(bb) after “the allowance” insert “or payment”;
(b) in paragraph 6—
(i) in sub-paragraph (2)(a)(iii), after “carer’s allowance” insert “or carer support payment”;
(ii) in the words after sub-paragraph (2)(b)(iii)—
(aa) after “carer’s allowance” insert “or carer support payment”;
(bb) after “such an allowance” insert “or payment”;
(iii) in sub-paragraph (5)(b), after “carer’s allowance”, in both places it occurs, insert “or carer support payment”;
(iv) in sub-paragraph (6), after “carer’s allowance” insert “, carer support payment”;
(c) in paragraph 8—
(i) in sub-paragraph (1), after “carer's allowance under section 70 of the Contributions and Benefits Act” insert “or carer support payment”;
(ii) in sub-paragraph (2), after “carer’s allowance”, in both places it occurs, insert “or carer support payment”;
(iii) in sub-paragraph (3)—
(aa) after “carer’s allowance”, in both places it occurs, insert “or carer support payment”;
(bb) in sub-paragraph (b), after “that allowance” insert “or payment”;
(iv) in sub-paragraph (4)—
(aa) after “carer’s allowance”, in each place it occurs, insert “or carer support payment”;
(bb) after “that allowance”, in both places it occurs, insert “or payment”;
(d) in paragraph 11—
(i) in sub-paragraph (2)(b)(i), after “carer’s allowance” insert “or carer support payment”;
(ii) in sub-paragraph (2)(b)(ii), after “an allowance” insert “or payment”.
(8) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), after paragraph 68 insert—
69 Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Contributions and Benefits Act.
.
45 Amendment of the Social Security (Contributions Credits for Parents and Carers) Regulations (Northern Ireland) 2010
(1) The Social Security (Contributions Credits for Parents and Carers) Regulations (Northern Ireland) 2010 are amended as follows.
(2) In regulation 7 (additional period in respect of entitlement to carer’s allowance and relevant benefits)—
(a) in the heading, after “carer’s allowance” insert “, carer support payment”;
(b) at the end of paragraph (1)(a), insert “or carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023”;
(c) at the end of paragraph (1)(b), insert “or carer support payment by virtue of those Regulations”;
(d) at the end of paragraph (2), insert “or a payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023”.
(3) In regulation 10(2) (applications: carers for 20 or more hours per week), after “carer’s allowance” insert “or carer support payment”.
46 Amendment of the Employment and Support Allowance (Work-related Activity) Regulations (Northern Ireland) 2011
(1) The Employment and Support Allowance (Work-related Activity) Regulations (Northern Ireland) 2011 are amended as follows.
(2) In regulation 2(1) (interpretation), after “carer’s allowance” insert “, carer support payment”.
(3) In regulation 3 (requirement to undertake work-related activity)—
(a) at the end of paragraph (2)(c) omit “and”;
(b) after paragraph (2)(c) insert—
(ca) not entitled to carer support payment; and
.
47 Amendment of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012
In regulation 43(1) of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012 (flat rate)—
(a) at the end of sub-paragraph (h) omit “and”;
(b) at the end of sub-paragraph (i) insert “and”;
(c) after sub-paragraph (i) insert—
(j) carer support payment under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.
.
48 Amendment of the State Pension Regulations (Northern Ireland) 2015
In regulation 11 of the State Pension Regulations (Northern Ireland) 2015 (days which are not included in determining the period of deferral), after sub-paragraph (2)(a)(vi) insert—
(via) carer support payment under the Carer's Assistance (Carer Support Payment) (Scotland) Regulations 2023 (carer support payment);
.
49 Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2016
(1) The Employment and Support Allowance Regulations (Northern Ireland) 2016 are amended as follows.
(2) In regulation 2 (interpretation), after the definition of “carer’s allowance” insert—
“carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;
.
(3) In regulation 9(2)(a) (relaxation of the first contribution condition), after “carer’s allowance” insert “or have entitlement to carer support payment”.
(4) In regulation 47 (claimants subject to no work-related requirements)—
(a) in paragraph (1)(a), after “carer’s allowance” insert “or have entitlement to carer support payment”;
(b) in paragraph (2), for sub-paragraphs (a) and (b) substitute—
(a) satisfies the conditions for entitlement to a carer’s allowance, or would do so but for the fact that—
(i) their earnings have exceeded the limit prescribed for the purposes of that allowance; or
(ii) they are—
(aa) resident, or treated as resident, in Scotland; or
(bb) resident outside of Northern Ireland and have a genuine and sufficient link to Scotland; or
(b) is entitled to carer support payment.
;
(c) in paragraph (5), after the definition of “severely disabled” insert—
“sufficient” has the meaning given in paragraph 3 of Schedule 1 to the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;
.
(5) In regulation 85(2)(a) (waiting days), after “carer’s allowance,” insert “carer support payment,”.
(6) In regulation 100(b) (modification in the calculation of income), after “carer’s allowance” insert “, carer support payment”.
50 Amendment of the Jobseeker’s Allowance Regulations (Northern Ireland) 2016
(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 2016 are amended as follows.
(2) In regulation 2(2) (general interpretation), after the definition of “benefit week” insert—
“carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;
.
(3) In regulation 35(1) (waiting days), for “or carer’s allowance” substitute “, carer’s allowance or carer support payment”.
(4) In regulation 38 (linking periods)—
(a) in paragraph (2)(a), after “carer’s allowance under section 70 of the Benefits Act” insert “or carer support payment”;
(b) in paragraph (4), after “carer’s allowance” insert “or carer support payment”.
(5) In regulation 41(3)(c)(iii) (remunerative work), after “carer’s allowance under section 70 of the Benefits Act” insert “or carer support payment”.
51 Amendment to the Universal Credit Regulations (Northern Ireland) 2016
(1) The Universal Credit Regulations (Northern Ireland) 2016 are amended as follows.
(2) In regulation 2(1) (interpretation) after the definition of “carer element” insert—
“carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.
.
(3) In regulation 30(1) (award to include the carer element)—
(a) for “section 70(7)” substitute “section 70”;
(b) after “carer’s allowance” insert “or carer support payment”.
(4) In regulation 31 (meaning of “regular and substantial caring responsibilities for a severely disabled person”)—
(a) for paragraph (1) substitute—
(1) For the purposes of Part 2 of the Order and these Regulations, a person has regular and substantial caring responsibilities if—
(a) they satisfy the conditions for entitlement to a carer’s allowance or would do so but for the fact that—
(i) their earnings have exceeded the limit prescribed for the purposes of that allowance; or
(ii) they are—
(aa) resident, or treated as resident, in Scotland; or
(bb) resident outside of Northern Ireland and have a genuine and sufficient link to Scotland; or
(b) they are entitled to carer support payment.
;
(b) in paragraph (2), for “paragraph (1)” substitute “paragraph (1)(a)”;
(c) after paragraph (3) insert—
(4) For the purposes of paragraph (1), “sufficient” has the meaning given in paragraph 3 of Schedule 1 to the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.
.
(5) In regulation 66 (what is included in unearned income?) after paragraph (1)(b)(iii) insert—
(iiia) carer support payment but only up to a maximum of the amount a claimant would receive if they had an entitlement to carer’s allowance,
.
(6) In regulation 83(1) (exceptions - entitlement or receipt of certain benefits) after sub-paragraph (j) insert—
(ja) a claimant, or a qualifying young person for whom a claimant is responsible, is entitled to carer support payment;
.
(7) In regulation 88(1)(b) (claimants subject to no work-related requirements) after “carer’s allowance” insert “or carer support payment”.
(8) After paragraph 15(2)(g) of Schedule 4 (no deduction for housing cost contributions in respect of certain non-dependants) insert—
(ga) in receipt of carer support payment;
.
52 Amendment of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016
In paragraph 8 of Schedule 2 to the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (claimants previously entitled to a severe disability premium)—
(a) in sub-paragraph (2), after “a carer’s allowance” insert “or carer support payment”;
(b) after sub-paragraph (2) insert—
(3) In sub-paragraph (2) “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.
.