The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 1999

Amendment of the Social Security (Claims and Payments) Regulations

2.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1) shall be amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation), in the definition of “long term benefits”(2) “guardian’s allowance,” shall be omitted.

(3) In regulation 16(3)(a)(3) (date of entitlement under an award for the purpose of determining the day from which benefit is to be payable and effective date of change of rate) after “child benefit” there shall be inserted “or guardian’s allowance”.

(4) In regulation 21 (direct credit transfer) after paragraph (3A)(4) there shall be inserted the following paragraphs—

“(3B) Where child benefit is payable in accordance with paragraph (1), any application to which paragraph (2) refers shall also have effect for any guardian’s allowance to which the claimant is entitled and that allowance shall be paid in the same manner as the child benefit which is due in his case.

(3C) Where guardian’s allowance is payable in accordance with paragraph (1), any application to which paragraph (2) refers shall also have effect for the child benefit to which the claimant is entitled and that benefit shall be paid in the same manner as the guardian’s allowance which is due in his case.”.

(5) In regulation 23 (child benefit)—

(a) for the heading there shall be substituted “Child benefit and guardian’s allowance”; and

(b) after paragraph (3) there shall be inserted the following paragraph—

“(3A) Where a claimant for child benefit is also entitled to guardian’s allowance, that allowance shall be payable in the same manner and at the same intervals as child benefit under this regulation.”.

(6) In regulation 35(5) (payment to a partner as alternative payee)—

(a) at the beginning there shall be inserted “Except where a wife has elected in accordance with regulation 6A of the Social Security (Guardian’s Allowances) Regulations (Northern Ireland) 1975(6) that guardian’s allowance is not to be paid to her husband,”; and

(b) for “, family credit or disability working allowance” there shall be substituted “, family credit, disability working allowance or guardian’s allowance”.

(7) In Schedule 6 (days for payment of long term benefits) paragraph 2 shall be omitted.

(1)

S.R. 1987 No. 465; relevant amending regulations are S.R. 1988 No. 141, S.R. 1992 No. 7 and S.R. 1993 No. 217

(2)

The definition of “long term benefits” was amended by regulation 2 of S.R. 1992 No. 7

(3)

Paragraph (3) was substituted by regulation 3(b) of S.R. 1988 No. 141 and amended by S.R. 1992 No. 7

(4)

Paragraph (3A) was inserted by regulation 2(2)(b) of S.R. 1993 No. 217

(5)

Regulation 35 was amended by regulation 17 of S.R. 1992 No. 7

(6)

S.R. 1975 No. 98; regulation 6A was inserted by regulation 9(4) of S.R. 1977 No. 73