Made | 31st March 2006 | ||
Coming into operation in accordance with regulation 1 |
Amendment of the Social Security (Claims and Payments) Regulations
2.
—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[4]shall be amended in accordance with paragraphs (2) to (17).
(2) In regulation 2(1) (interpretation) the definitions of "benefit orders", "instrument for benefit payment"[5] and "serial order" shall be omitted.
(3) In regulation 4(6A)[6] (making a claim for benefit)—
(4) In regulation 4C[7] (making a claim for state pension credit)—
(5) In regulation 4E(2)[8] (making a claim after attaining the qualifying age: date of claim)—
(6) In regulation 5(1)[9] (amendment and withdrawal of claim) after "4(11)" there shall be inserted "or 4C(6A)".
(7) In regulation 6 (date of claim)—
(f) after paragraph (32) there shall be added the following paragraph—
awarding a qualifying benefit to the disabled person the date of claim is the first day in respect of which that qualifying benefit is payable.".
(8) In regulation 6A[16] (claims by persons subject to work-focused interviews)—
(b) in paragraph (5) for "a person is required to take part in under the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003" there shall be substituted "is conducted for such purposes connected with employment or training as are specified in regulations made under section 2A of the Administration Act".
(9) For regulation 20[17] (time and manner of payment: general provision) there shall be substituted the following regulation—
(10) Regulation 20A[18] (payment on presentation of an instrument for benefit payment) shall be omitted.
(11) In regulation 21(1)[19] (direct credit transfer) after "person claiming or entitled to it" there shall be inserted "or person appointed under regulation 33 or specified in regulation 33(1)(c)".
(12) In regulation 26 (income support)—
shall be omitted.
(13) In regulation 26B[22] (state pension credit)—
(14) In regulation 37(1)[23] (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period)—
(15) For regulation 46[24] (instruments of payment, etc.) there shall be substituted the following regulation—
(16) In Schedule 7[25] (manner and time of payment and commencement of entitlement in income support cases) for the heading and paragraph 1 there shall be substituted—
(17) In paragraph 4(2A) of Schedule 8A[26] (deductions from benefits and direct payment to third parties) for "£18·80", in each place where it occurs, there shall be substituted "£19·60".
Amendment of the Jobseeker's Allowance Regulations
3.
In regulation 24(7) of the Jobseeker's Allowance Regulations (Northern Ireland) 1996[27] (provision of information and evidence) for "in writing (unless the Department determines in any particular case to accept notice given otherwise than in writing) to the appropriate office" there shall be substituted “of the change—
to an office of the Department specified by it“.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
4.
—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[28] shall be amended in accordance with paragraphs (2) to (5).
(2) In regulation 3 (revision of decisions)—
(3) In regulation 5(2)[31] (date from which a decision revised under Article 10 takes effect) for sub-paragraph (c) there shall be substituted the following sub-paragraph—
(4) In regulation 7 (date from which a decision superseded under Article 11 takes effect)—
(b) for paragraph (7)[33] there shall be substituted the following paragraph—
from the date on which the claimant or his partner ceased to have a non-dependant or person residing with him or from the date on which the presence of that person was first ignored.".
(5) In Schedule 2B[34] (date on which change of circumstances takes effect where a claimant is entitled to state pension credit) after paragraph 6 there shall be added the following paragraphs—
Amendment of the Social Security (Notification of Change of Circumstances) Regulations
5.
In regulation 3(1) of the Social Security (Notification of Change of Circumstances) Regulations (Northern Ireland) 2001[35] (changes affecting jobseeker's allowance)—
Amendment of the Social Security (Hospital In-Patients) Regulations
6.
In regulation 1(1)(d) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005[36] (citation, commencement and interpretation) for head (ii) there shall be substituted the following heads—
Revocations
7.
The provisions specified in column (1) of the Schedule are revoked to the extent mentioned in column (3).
Sealed with the Official Seal of the Department for Social Development on
31st March 2006.
L.S.
John O'Neill
A senior officer of the Department for Social Development
Column (1) | Column (2) | Column (3) |
Citation | Reference | Extent of revocation |
The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 1989 | S.R. 1989 No. 40 | Regulation 4(a) and (b) |
The Social Security (Claims and Payments) (Amendment No. 4) Regulations (Northern Ireland) 1994 | S.R. 1994 No. 484 | The whole Regulations |
The Social Security (Claims and Payments Etc.) (Amendment) Regulations (Northern Ireland) 1996 | S.R. 1996 No. 85 | Regulations 2(2), (5) and (6) and 4 |
The Social Security (1998 Order) (Commencement No. 11 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999 | S.R. 1999 No. 472 (C. 36) | Article 9(7) |
The Social Security and Child Support (Decisions and Appeals) (Amendment No. 4) Regulations (Northern Ireland) 1999 | S.R. 1999 No. 473 | Regulation 2(2) |
The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2000 | S.R. 2000 No. 215 | Regulation 3(5)(a) |
The Social Security (Claims and Payments and Miscellaneous Amendments) Regulations (Northern Ireland) 2002 | S.R. 2002 No. 67 | Regulations 2(2)(f)(i) and 3(4) |
The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations (Northern Ireland) 2005 | S.R. 2005 No. 46 | Regulations 5(8)(b) and 7(5)(c) |
The Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 2005 | S.R. 2005 No. 139 | Regulation 2(3)(b) |
Regulation 3 amends the Jobseeker's Allowance Regulations to provide that a change of circumstances affecting the continuance of entitlement to, or the payment of, jobseeker's allowance shall be notified to the Department in writing or by telephone (unless it requires the person to give written notice or accepts another means of notification) or, if it so requires in a class of case, the change shall be notified in writing unless it accepts another means of notification in any particular case.
Regulation 4 amends the Decisions and Appeals Regulations to—
Regulation 5 amends the Change of Circumstances Regulations to make provision similar to the amendments made to the Jobseeker's Allowance Regulations by regulation 3 for the purpose of offences relating to failure to notify changes of circumstances.
Regulation 6 makes a technical amendment to the Hospital In-Patients Regulations.
Regulation 7 makes consequential revocations.
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, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.
[2] S.I. 1998/1506 (N.I. 10); Article 74(1) was amended by paragraph 17(2) of Schedule 4 to the Tax Credits Act 2002 (c. 21)back
[3] See Article 8(b) of S.R. 1999 No. 481back
[4] S.R. 1987 No. 465; relevant amending Rules are S.R. 1988 No. 67, S.R. 1989 Nos. 40 and 398, S.R. 1993 No. 217, S.R. 1994 No. 484, S.R. 1996 No. 85, S.R. 1999 No. 472 (C. 36), S.R. 2000 No. 215, S.R. 2002 Nos. 67, 297 and 323, S.R. 2003 Nos. 191, 317 and 412, S.R. 2004 No. 378 and S.R. 2005 Nos. 46, 139, 299 and 536back
[5] The definition of "instrument for benefit payment" was inserted by regulation 2(2) of S.R. 1994 No. 484back
[6] Paragraph (6A) was inserted by regulation 2(2)(b) of S.R. 2003 No. 317 and amended by regulation 2(4)(a) of S.R. 2005 No. 299back
[7] Regulation 4C was inserted by regulation 4(3) of S.R. 2003 No. 191 and amended by regulation 2(4) of S.R. 2003 No. 317, regulation 5(3) of S.R. 2005 No. 46 and paragraph 15(4) of Schedule 3 to S.R. 2005 No. 536back
[8] Regulation 4E was inserted by regulation 4(3) of S.R. 2003 No. 191 and amended by regulation 2(5) of S.R. 2003 No. 317 and regulation 7 of S.R. 2004 No. 394back
[9] Regulation 5(1) was amended by regulation 2(3) of S.R. 2005 No. 14back
[10] Paragraph (1A) was inserted by regulation 3(4)(b) of S.R. 1997 No. 156back
[11] Paragraphs (17), (22) and (26) were substituted by regulation 3(2)(a) of S.R. 2000 No. 215back
[12] Sub-paragraph (b) was amended by paragraph 2 of the Schedule to S.R. 2002 No. 323back
[13] Paragraph (22) was amended by regulation 2(2)(f) of S.R. 2002 No. 67 and paragraph 2 of the Schedule to S.R. 2002 No. 323back
[14] Paragraphs (31) and (32) were added by regulation 2 of S.R. 2004 No. 378 and paragraph (31) was amended by paragraph 15(5) of Schedule 3 to S.R. 2005 No. 536back
[15] S.R. 2001 No. 102; regulation 6A was inserted by regulation 2(b) of S.R. 2004 No. 223back
[16] Regulation 6A was inserted by paragraph 4 of Schedule 3 to S.R. 2001 No. 176 and amended by paragraph 1(2) of Schedule 2 to S.R. 2003 No. 274back
[17] Regulation 20 was amended by regulation 2(3) of S.R. 1994 No. 484back
[18] Regulation 20A was inserted by regulation 2(4) of S.R. 1994 No. 484 and amended by regulation 2(2) of S.R. 1996 No. 85back
[19] Paragraph (1) was substituted by regulation 2(2)(a) of S.R. 2002 No. 297back
[20] Paragraph (1) was amended by regulation 2(3) of S.R. 1993 No. 217 and regulation 3(3) of S.R. 2000 No. 215back
[21] Paragraphs (2) and (3) were amended by regulation 4(a) and (b) of S.R. 1989 No. 40 and Article 9(7)(b) of S.R. 1999 No. 472 (C. 36)back
[22] Regulation 26B was inserted by regulation 9 of S.R. 2003 No. 191back
[23] Regulation 37(1) was amended by regulation 6(2) of S.R. 1989 No. 398, regulation 2(5) of S.R. 1996 No. 85 and regulation 5(8) of S.R. 2005 No. 46back
[24] Regulation 46 was substituted by regulation 2(8) of S.R. 1994 No. 484back
[25] The heading to Schedule 7 was amended by regulation 3(5)(a) of S.R. 2000 No. 215 and paragraph 1 was amended by regulation 2(6) of S.R. 1996 No. 85back
[26] Schedule 8A was inserted by regulation 2(3) of S.R. 1988 No. 67 and paragraph 4(2A) was substituted by regulation 2(e) of S.R. 2003 No. 412 and amended by regulation 2(3)(b) of S.R. 2005 No. 139back
[27] S.R. 1996 No. 198; regulation 24(7) was amended by regulation 2(4)(b) of S.R. 2000 No. 37 and paragraph 3(e) of Schedule 2 to S.R. 2000 No. 350back
[28] S.R. 1999 No. 162; relevant amending Regulations are S.R. 1999 No. 473, S.R. 2002 No. 67, S.R. 2003 Nos. 191 and 421, S.R. 2004 No. 378, S.R. 2005 Nos. 46 and 539 and S.R. 2006 No. 104back
[29] Paragraphs (7B) and (7C) were inserted by regulation 7(2)(b) of S.R. 2005 No. 46back
[30] Paragraph (7E) is inserted by regulation 9(3) of S.R. 2006 No. 104back
[31] Regulation 5(2) was added by regulation 3 of S.R. 2004 No. 378 and amended by regulation 7(3) of S.R. 2005 No. 539back
[32] Head (iii) was substituted by regulation 2(2) of S.R. 1999 No. 473back
[33] Paragraph (7) was substituted by regulation 3(4) of S.R. 2002 No. 67 and amended by regulation 7(5)(c) of S.R. 2005 No. 46back
[34] Schedule 2B was inserted by regulation 22 of S.R. 2003 No. 191 and amended by regulation 5(4) of S.R. 2003 No. 421back
[35] S.R. 2001 No. 420, to which there are amendments not relevant to these Regulationsback
[37] S.R. 1975 No. 109; as amended by S. R. 1977 Nos. 166 and 316, S.R. 1979 No. 68, S.R. 1983 No. 36, S.R. 1984 Nos. 317 and 382, S.R. 1986 No. 157, S.R. 1987 Nos. 12 and 391, S.R. 1992 No. 453, S.R. 1995 No. 150, S.R. 1999 No.221, S.R. 2001 No. 108, S.R. 2003 No. 261 and S.R. 2004 No. 18back
[38] S.R. 1987 No. 465; relevant amending Regulations are S.R. 1999 No. 365, S.R. 1992 No. 7, S.R. 2001 No. 108, S.R. 2002 Nos. 297 and 323 and S.R. 2005 No. 299back