Legislation – The Social Security (Coronavirus) (Further Measures) (Amendment) and Miscellaneous Amendment Regulations (Northern Ireland) 2020

EXPLANATORY NOTE
(This note is not part of the Regulations)

Regulation 2 of these Regulations amends the Social Security (Coronavirus) (Further Measures) Regulations (Northern Ireland) 2020 (S.R. 2020 No. 53) (“the Further Measures Regulations”) in response to the continuing outbreak of Coronavirus disease in Northern Ireland.

Regulation 2 of the Further Measures Regulations gave the Department discretion to apply a number of measures in relation to the minimum income floor (“MIF”), which applies to self-employed claimants in universal credit.

Regulation 8 of the Further Measures Regulations enables any period during which a person is infected or contaminated with Coronavirus disease, in isolation or caring for a child or qualifying young person in their household who is so infected or contaminated or is in isolation, to not be counted towards a period of sickness under regulation 55 or 55ZA of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (S.R. 1996 No.198) or regulation 45 or 46 of the Jobseeker’s Allowance Regulations (Northern Ireland) 2016 (S.R. 2016 No.218). This means that a person will not lose entitlement to jobseeker’s allowance because of Coronavirus disease.

Regulation 9 of the Further Measures Regulations allows carers to retain their entitlement to carer’s allowance if they have a temporary break in caring as a result of isolation due to, or infection or contamination with, Coronavirus disease of either the carer or the person cared for.

Following a review by the Department of the operation of the Further Measures Regulations, regulation 2 amends the provision by which the Further Measures Regulations expire after eight months so that regulation 2 of the Further Measures Regulations now expires on 30th April 2021 and regulations 8 and 9 now expire on 12th May 2021.

Regulation 3 of these Regulations amends a typographical defect in the Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020 No. 119). The amendment ensures the correct operation of regulation 7 of those Regulations, the effect of which is as explained in the explanatory note to those Regulations.

These Regulations 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, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.