The Social Security (1998 Order) (Commencement No. 10 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999

Amendment of the Social Security (Claims and Payments) Regulations

5.—(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) after the definition of “the Jobseekers Order”(2) there shall be inserted the following definition—

““the 1998 Order” means the Social Security (Northern Ireland) Order 1998;”.

(3) In regulation 3(g)(3) (claims not required for entitlement to benefit in certain cases)—

(a) in sub-paragraph (ii)—

(i) for “regulation 36(1A)” there shall be substituted “regulation 16(2) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999”, and

(ii) after “ought to be revised” there shall be inserted “under Article 10 of the 1998 Order or superseded under Article 11 of that Order”; and

(b) in sub-paragraph (iv) after “revised” there shall be inserted “or superseded”.

(4) In regulation 13A(4) (advance award of disability living allowance)—

(a) in paragraph (1) for “the adjudicating authority” and “that authority” there shall be substituted “the Department”; and

(b) in paragraph (3) for “An award under paragraph (1) or (2) shall be reviewed by the adjudicating authority” there shall be substituted “A decision pursuant to paragraph (1) or (2) to award benefit may be revised under Article 10 of the 1998 Order”.

(5) In regulation 13C(5) (further claim for and award of disability living allowance)—

(a) in paragraph (2) for “adjudicating authority” there shall be substituted “Department”; and

(b) in paragraph (3) for “An award under paragraph (2)(b) shall be reviewed by the adjudicating authority” there shall be substituted “A decision pursuant to paragraph (2)(b) to award benefit may be revised under Article 10 of the 1998 Order”.

(6) In regulation 26A(6) (jobseeker’s allowance) after “revised” in each place where it occurs there shall be inserted “or superseded”.

(7) In Schedule 2(7) (special provisions relating to claims for jobseeker’s allowance made during periods connected with public holidays), in paragraph 2(a) for “an adjudication officer” there shall be substituted “the Department”.

(1)

S.R. 1987 No. 465; relevant amending regulations are S.R. 1989 No. 398, S.R. 1991 No. 488, S.R. 1992 Nos. 7 and 83, S.R. 1993 Nos. 146, 149 and 375, S.R. 1994 Nos. 345 and 484, S.R. 1996 Nos. 85, 354 and 432 and S.R. 1998 Nos. 18 and 241

(2)

The definition of “the Jobseekers Order” was inserted by regulation 2(2)(a) of S.R. 1996 No. 354

(3)

Paragraph (g) was added by regulation 2(3) of S.R. 1996 No. 354

(4)

Regulation 13A was inserted by regulation 7(1) of S.R. 1992 No. 7

(5)

Regulation 13C was inserted by regulation 8 of S.R. 1992 No. 7

(6)

Regulation 26A was inserted by regulation 2(14) of S.R. 1996 No. 354 and amended by regulation 6(2) of S.R. 1998 No. 182

(7)

Schedule 2 was amended by regulation 2(20) of S.R. 1996 No. 354