DMG Memo Vol 1/97, 3/85, 4/112, 5/88, 6/74, 7/39, 8/41, 9/21,
13/49 & 14/48
APRIL 2012 MISCELLANEOUS AMENDMENTS
Contents
Paragraphs
Introduction
1
Paternity leave and paternity pay
2
Ordinary paternity leave
3
Additional paternity leave
4
Paternity leave
5
Income
6-7
Treatment of ordinary and
additional paternity pay
8
Remunerative work: Income Support
and Jobseeker’s Allowance
9
Remunerative work: income-related
Employment and Support Allowance
10
Availability: Jobseeker’s Allowance
11
The remunerative work rule for
non-dependant housing cost deductions:
income-related Employment and
Support Allowance
12
Housing costs – meaning of remunerative work:
State Pension Credit
13
Prescribed categories of person:
Income Support
Young person living away from home and cannot
be supported by parents: Income Support
14
15
Prescribed categories of person: Income Support
Second chance learning
16 - 17
Relaxation of the first contribution condition:
contribution-based Employment and
Support Allowance
18
Work-related activity and education: income-related
Employment and Support Allowance
19
Incapacity Benefit reassessment: Repeat claims
for contribution-based Employment and
Support Allowance
20
Simple payments
21 - 25
Recovery of overpayments by direct credit transfer
26
Winter fuel payments
Persons not entitled to a winter fuel payment
27
Deadline date for new claims
28
Effective date of supersession:
Jobseeker’s Allowance
29
Annotations
Contacts
INTRODUCTION
1.
This memo provides guidance to decision makers on the changes made
to social security legislation by the Social Security (Miscellaneous
Amendments) Regulations (NI) 2012 (S.R. 2012 / 121). The changes
take effect
1.
on 1.5.121 for paragraphs 18 and 20 and
2.
on 1.4.122 for every other paragraph.
1 Social Security (Miscellaneous Amendments) Regulations (NI) 2012, reg 1(3); 2 reg 1(4)
PATERNITY LEAVE AND PATERNITY PAY
2.
Since April 2011, fathers satisfying certain conditions have been able to
claim up to 26 weeks Additional Paternity Leave and Additional Statutory
Paternity Pay.
Ordinary paternity leave
3.
DMG 26575 for Income Support and Jobseeker’s Allowance and DMG
49596 for Employment and Support Allowance provides guidance on the
meaning of paternity leave. This is now known as “ordinary paternity
leave”1.
1 JSA Regs (NI), reg 1(2); IS (Gen) Regs (NI), reg 2(1); ESA Regs (NI), reg 2(1)
Additional paternity leave
4.
Additional paternity leave for Jobseeker’s Allowance, Income Support
and Employment and Support Allowance means1 a period of absence
from work on leave following the birth or adoption of a child under
relevant legislation2. The period of absence cannot exceed 26 weeks.
1 JSA Regs (NI), reg 1(2); IS (Gen) Regs (NI), reg 2(1); ESA Regs (NI), reg 2(1);
2 ER (NI) Order 1996, art 112A & 112B
Paternity leave
5.
For State Pension Credit, paternity leave means1 a period of absence
from work on leave on
1.
ordinary paternity leave or
2.
additional paternity leave
under relevant legislation2.
1 SPC Regs (NI), reg 1(2); 2 ER (NI) Order 1996, art 112A, 112B, 112AA & 112BB
Income
6.
Payments made for periods when an employee is on ordinary paternity
leave or additional paternity leave do not count as earnings for Income
Support, Jobseeker’s Allowance or Employment and Support
Allowance1. The payments are income other than earnings.
1 JSA Regs (NI), reg 98(2)(c); IS (Gen) Regs (NI), reg 35(2)(b); ESA Regs (NI), reg 95(2)(b)
7.
For State Pension Credit, payments of
1.
ordinary statutory paternity pay and
2.
additional statutory paternity pay
are included as earnings1. The payments do not count as benefit
income2.
1 SPC Regs (NI), reg 17A(2)(i) & (ia); 2 reg 15(1)(p) & (pa)
Treatment of ordinary and additional paternity pay
8.
For Jobseeker’s Allowance, Income Support and income-related
Employment and Support Allowance the amount of ordinary and
additional paternity pay that the decision maker should take into account
is the gross amount less
1.
any income tax paid1 and
2.
any amount deducted by way of primary class 1 contributions2 and
3.
one half of any contribution paid by the claimant to an occupational
or personal pension scheme3.
1 JSA Regs (NI), Sch 7, para 1; IS (Gen) Regs (NI), Sch 9, para 4;ESA Regs (NI), Sch 8, para 1;
2 JSA Regs (NI), Sch 7, para 4(a) & 5(a);IS (Gen) Regs (NI), Sch 9, para 4(a) & 4A(a); ESA Regs (NI),
Sch 8, para 4(a) & 5(a);
3 JSA Regs (NI), Sch 7, para 4(b) & 5(b); IS (Gen) Regs (NI), Sch 9, para 4(b) & 4A(b); ESA Regs (NI),
Sch 8, para 4(b) & 5(b)
Remunerative work: Income Support and Jobseeker’s Allowance
9.
DMG 20308 provides guidance on where a person is absent from work
in certain circumstances and is therefore treated as not being in
remunerative work for those periods. From 1.4.12, the category of
paternity leave is changed to ordinary paternity leave and additional
paternity leave as per the definitions1 in paragraphs 3 and 4 of this
memo.
1 Employment Rights (NI) Order 1996, art 112A, 112B, 112AA & 112BB;
JSA Regs (NI), reg 52(1); IS (Gen) Regs (NI), reg 5(3A)
Remunerative work: income-related Employment and Support
Allowance
10. Where an Employment and Support Allowance claimant’s partner is
absent from remunerative work, they are normally treated as engaged in
remunerative work1 (see DMG 41441). However, where they are on
paternity leave, they are not treated as in remunerative work2 (see DMG
41383). From 1.4.12, paternity leave is defined3 as ordinary4 or
additional5 paternity leave.
1 ESA Regs (NI), reg 42(3); 2 reg 43(3); 3 reg 2(1);
4 ER (NI) Order 1996, art 112A or 113B; 5 art 112AA or 112BB
Availability: Jobseeker’s Allowance
11. DMG 21255 provides guidance on when a person is to be regarded as
not available for employment for the purposes of Jobseeker’s Allowance.
A person on
1.
ordinary paternity leave or
2.
additional paternity leave
is regarded as not available1.
1 JSA Regs (NI), reg 15(1)(bc)
The remunerative work rule for non-dependant housing cost
deductions: income-related Employment and Support Allowance
12. A non-dependant is treated as not being in remunerative work on any
day on which they are on
1.
ordinary paternity leave or
2.
additional paternity leave1.
1 ESA Regs (NI), Sch 6, para 2(5)
Housing costs - meaning of remunerative work: State Pension
Credit
13. A person is treated as not being in remunerative work on any day on
which they are on
1.
ordinary paternity leave or
2.
additional paternity leave1.
1 SPC Regs (NI), Sch II, para 2(7)
Prescribed categories of person: Income Support
14. The prescribed category relating to paternity leave1 as per DMG 20164
has been amended from 1.4.12 so that to qualify for Income Support
under this category a person has to be entitled to and taking ordinary
paternity leave as per the definition2 in paragraph 3. The category also
requires that the person is not entitled to statutory paternity pay. This is
also amended from the same date to ordinary statutory paternity pay3.
1 Employment Rights (NI) Order 1996, art 112A & 112B; IS (Gen) Regs (NI), Sch 1B, para 14B;
2 reg 2(1); 3 Sch 1B, para 14B(2)(a)
YOUNG PERSON LIVING AWAY FROM HOME AND CANNOT BE
SUPPORTED BY PARENTS: INCOME SUPPORT
15. DMG 20702 provides guidance on young people who are living away
from home and cannot be supported by their parents. One of the criteria
is that the parents are chronically sick or mentally disabled. The
definition of chronically sick or mentally disabled has been amended to
include where the parent is entitled to Employment and Support
Allowance including a work-related activity component or support
component1.
1 IS (Gen) Regs (NI), reg 13(3)(b)(iv)
PRESCRIBED CATEGORIES OF PERSON: INCOME SUPPORT
Second chance learning
16. The prescribed category relating to persons under 21 in non-advanced
full-time education with no parents has been amended. To be able to
satisfy this category1
1.
the person has enrolled on or been accepted for or is undertaking a
course of full-time non-advanced education and
2.
the person
3.
2.1
is under 21 or
2.2
is 21 and became that age while they were undertaking a
course of full-time non-advanced education and
the person
3.1
has no parent or any person acting in place of a parent or
3.2
has to live away from their parent and any person acting in
place of a parent because
3.2.a
they are estranged from their parents and any
person acting in place of a parent or
3.2.b
they are in physical or moral danger or
3.2.c
there is a serious risk to their physical or mental
health or
3.3
is living away from their parents and any person acting in
place of their parents where their parents or any person
acting in place of their parents are unable financially to
support them and are
3.3.a
chronically sick or mentally or physically disabled or
3.3.b
detained in custody pending trial or sentence upon
conviction or under a sentence imposed by a court or
3.3.c
prohibited from entering or re-entering NI.
1 IS (Gen) Regs (NI), Sch 1B, para 15A (1) – (4)
17. For the purposes of second chance learning, the meaning of “course of
full-time, non-advanced education”1 means a course of full time
education which is not advanced2 and which is not provided as a result
of the persons employment or any office held and which is provided
1.
at a school or college or
2.
elsewhere but is approved by the Department as being such a
course.
1 IS (Gen) Regs (NI), Sch 1B, para 15A (6); 2 reg 61(1)
RELAXATION OF THE FIRST CONTRIBUTION CONDITION:
CONTRIBUTION-BASED EMPLOYMENT AND SUPPORT
ALLOWANCE
18. DMG 41032 3.4 provides guidance on treating the first contribution
condition1 as satisfied where the claimant had received contributionbased Employment and Support Allowance in the last tax year
immediately before the relevant benefit year in which a further claim for
contribution-based Employment and Support Allowance is made2. From
1.4.12 this provision is revoked3.
1 WR Act (NI) 07, Sch 1 para 1(4)(b); 2 ESA Regs (NI), reg 8(2)(d); 3 Social Security (Miscellaneous
Amendments) Regulations (NI) 2012, reg 18(2)(c)
WORK–RELATED ACTIVITY AND EDUCATION: INCOME-RELATED
EMPLOYMENT AND SUPPORT ALLOWANCE
19. Normally a claimant is not entitled to income-related Employment and
Support if they are in full–time education1. See DMG 41556 et seq for
guidance on when a claimant is in education. From 1.4.12, the guidance
does not apply where the claimant is required to attend a course of study
as part of a requirement to undertake work-related activity2. For
example, a claimant who is required to attend a training course of more
than 16 hours a week as part of their work-related activity is not treated
as being in full–time education. See DMG 53031 et seq for guidance on
work-related activity.
1 WR Act (NI) 07, Sch 1 para 6(1)(g); 2 ESA Regs (NI), reg 14(2A)
INCAPACITY BENEFIT REASSESSMENT: REPEAT CLAIM FOR
CONTRIBUTION-BASED EMPLOYMENT AND SUPPORT
ALLOWANCE
20. DMG 45676 gives guidance on modification of the contribution
conditions where an award of Incapacity Benefit or Severe Disablement
Allowance is converted to an award of contribution-based Employment
and Support Allowance1. Where
1.
an award of contribution-based Employment and Support
Allowance made on conversion from Incapacity Benefit or Severe
Disablement Allowance is terminated and
2.
a further claim for Employment and Support Allowance is made
and
3.
the claimant has, or is treated as having, limited capability for work
within the 12 or 104 week linking period2 (see DMG 41111 et seq)
the contribution conditions do not apply3. Decision makers are reminded
that, where an award is ended after application of the work capability
assessment, or because the claimant failed to return the questionnaire
or failed to attend an examination, on a further claim made within six
months the claimant cannot be treated as having limited capability for
work pending assessment4 (see DMG 42203).
1 WR Act (NI) 07, Sch 1, paras 1 – 5; ESA (TP & HB)(EA) Regs (NI), Sch 2;
2 ESA Regs (NI), reg 145(1)&(2);
3 ESA (TP & HB)(EA) Regs (NI), reg 16(1A);
4 ESA Regs (NI), reg 30(2)(b)
SIMPLE PAYMENTS
21. The “Simple Payment” service is being introduced in July 2012. It is
specifically designed for those claimants who, for the purposes of
receiving their benefit payments, are unable to make use of mainstream
accounts, such as
1.
a bank, building society or credit union account or
2.
a Post Office card account.
22. As payments under the “Simple Payment” service are based on an
electronic transfer of funds, the Department considers that this
constitutes payment of benefit by direct credit transfer – see DMG 8006.
23. DMG 8007 gives guidance on the arrangements for paying benefit by
direct credit transfer including the requirement for this to be done by
arrangement between the Department and the claimant or their
representative1.
1 SS (C&P Regs)(NI), reg 21(1)
24. However, it is not necessary to have a prior arrangement between the
Department and the claimant or their representative, where benefit is
being paid by means of the “Simple Payment” service.
25. DMG 8012 gives guidance on how an arrangement described in DMG
8007 may be ended1. As a consequence of the introduction of the
“Simple Payment” service, this provision is removed with effect from
1.4.12.
1 SS (C & P) Regs (NI), reg 21(5)
RECOVERY OF OVERPAYMENTS BY DIRECT CREDIT TRANSFER
26. DMG 9125 describes the prescribed conditions for recovery of
overpayments by direct credit transfer. As a consequence of the “Simple
Payment” changes, notice of what would happen, if there was any
overpayment, must be given to the claimant or their representative,
before the arrangement came into effect
1.
in writing, where the claim was made in writing or
2.
orally or in writing, where the claim was made by telephone.
1 SS (POR) Regs (NI), reg 11(2)(b)
WINTER FUEL PAYMENTS
Persons not entitled to a winter fuel payment
27. DMG 39910 gives guidance on persons not entitled to a Winter Fuel
Payment. From 1.4.12 persons will not qualify for a Winter Fuel
Payment if the conditions in DMG 39910 are met throughout the
qualifying week1.
1 SFWFP Regs (NI), reg 3(1)(a)
Deadline date for new claims
28. All Winter Fuel Payment claim forms must be received on or before the
31st March1 following the qualifying week (see DMG 39916).
1 SFWFP Regs (NI), reg 3(1)(b)
EFFECTIVE DATE OF SUPERSESSION: JOBSEEKER’S
ALLOWANCE
29. Where
1.
a claimant or their partner is awarded a benefit which would
otherwise give entitlement to a Severe Disability Premium for the
purposes of Jobseeker’s Allowance1 and
2.
at the date from which the other benefit is awarded, they have a
non-dependant living with them2 and
3.
the non-dependant leaves the household
the Jobseeker’s Allowance supersession decision awarding Severe
Disability Premium is effective from the first day of the benefit week in
which the non-dependant leaves the household3.
1 SS CB (NI) Act 92, sec 131(5); 2 JSA Regs (NI), reg 2;
3 SS CS (D&A) Regs (NI), reg 7(7)(b)(i); Sch 2A, paras 12 & 13
ANNOTATIONS
Please annotate the number of this memo (DMG Memo Vol 1/97, 3/85,
4/112, 5/88, 6/74, 7/39, 8/41, 9/21, 13/49 & 14/48) against DMG
paragraphs: 04354, 08006, 08007, 08012, 09125, 20164, 20167, 20308,
20390, 20701, 20702, 21255, 26014, 26575, 28212, 28215, 33545,
33604 (heading), 39910, 39916, 41032, 41383, 41556, Chapter 44,
Appendix 2, paragraphs 71, 72, 75, 79 and 141, 45676, 49017, 49596,
Chapter 49 Appendix 6 para 142, 51132, 51135, Chapter 78, Appendix
5, paragraphs 71, 72, 75, 79, 141 and 142, 79660, 79700 (heading),
85281, 85322, 86033.
CONTACTS
If you have any queries about this memo please contact:
Decision Making Services
Sections 1, 2 and 3
Level 1
James House
Gasworks Business Park
Belfast
Extensions: 37188, 37193 and 37208.
DECISION MAKING SERVICES
April 2012
Distribution: All Holders of
DMG Volumes
1, 3, 4, 5, 6, 7, 8,
9, 13 & 14