NIM41316 - Home Responsibilities Protection: what was HRP and who qualified for it: legislation for Northern Ireland

The NI legislation and orders for Home Responsibilities Protection (HRP) are listed below. For corresponding legislation that exist for Great Britain, see NIM41315.

  1. Sections 137 to 143 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“SSCB(NI)A 1992”) set out the basis of the Child Benefit Scheme. Schedules 9 and 10 set out some specific provisions on entitlement to Child Benefit.
  2. Sections 43 to 52 and 54 to 55 and Schedules 4 to 5A of SSCB(NI)A 1992 set out the detailed provisions in relation to the calculation of the basic State Pension and Additional (State Second) Pension.
  3. Sections 21 to 23A of SSCB(NI)A 1992 set out the general framework for entitlement to contributory benefits. The two specific contribution conditions that need to be met for entitlement to the basic State Pension and bereavement benefits are set out in Part 1 of Schedule 3 of SSCB(NI)A 1992. Only the second contribution condition (i.e. the requisite number of qualifying years) is relevant to HRP.
  4. Paragraph 5(7)(b) of Schedule 3 to the SSCB(NI)A 1992 - provides for the second contribution condition for the basic State Pension and bereavement benefit to be satisfied (up to a maximum of 20 years) if the relevant person was precluded from regular employment by responsibilities at home. Paragraph 5(7)(b) allows for the making of regulations to define “precluded from regular employment”.
  5. Sections 5 and 7 and Schedule 1 of the Commissioners for Revenue and Customs Act 2005 - provides for officers of Revenue and Customs to carry out the functions of the former Inland Revenue and its Commissioners.
  6. Article 16(1)(a) of the Social Security Contributions (Transfer of functions, etc.) (Northern Ireland) Order 1999 - provides for the Department to make arrangements with HMRC for functions under Chapter II of Part II of the Social Security (Northern Ireland) Order 1998, in relation to a decision whether a person was (within the meaning of regulations) precluded from regular employment by responsibilities at home, to be undertaken by HMRC.
  7. Articles 9, 10, 11 and 13 of the Social Security (Northern Ireland) Order 1998 - provide for making and revising a decision, and making of an appeal.
  8. Regulation 3ZA of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 - provides that a person only has a right of appeal if the Department has considered an application whether to revise a decision under Article 10 of the Social Security (Northern Ireland) Order 1998 (Mandatory Reconsideration).

The following are the principal Northern Ireland regulations that define “precluded from regular employment”. These regulations have the same effect as the corresponding Great Britain regulations (see page NIM41315).

  1. The Social Security Pensions (Home Responsibilities) Regulations (Northern Ireland) 1994 (SR 1994/89)
  2. The Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2001 (Northern Ireland) (SR 2001/440)
  3. The Social Security Pensions (Home Responsibilities) (Amendment) Regulations (Northern Ireland) 2003 (SR 2003/486)
  4. The Social Security Pensions (Home Responsibilities) (Amendment) Regulations (Northern Ireland) 2005 (SR 2005/16)
  5. The Social Security Pensions (Home Responsibilities) (Amendment) Regulations (Northern Ireland) 2008 (SR 2008/88)