The Social Security (Persons from Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976, the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984, the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Family Credit (General) Regulations (Northern Ireland) 1987, the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988, the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992, the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 and the Disability Working Allowance (General) Regulations (Northern Ireland) 1992.

The Regulations exclude a person from entitlement to certain non-contributory benefits if his right to reside or remain in Northern Ireland is subject to any limitation or condition (regulations 2, 3, 6, 8, 9 and 10); make provision regarding interim payments in the course of an appeal (regulation 7); make provision in respect of asylum seekers and sponsored immigrants who, except in certain circumstances, are denied income related benefits (regulations 4 and 5) and make savings provision (regulation 11).

In so far as these Regulations are required, for the purposes of regulations 5 and 11, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), (“the 1992 Act”), after agreement by the Social Security Advisory Committee they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise these Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.