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The Social Security (National Insurance Number Information: Exemption) Regulations (Northern Ireland) 2000

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Statutory Rules of Northern Ireland

2000 No. 135

SOCIAL SECURITY

The Social Security (National Insurance Number Information: Exemption) Regulations (Northern Ireland) 2000

Made

19th April 2000

Coming into operation

15th May 2000

The Department for Social Development, in exercise of the powers conferred by sections 1(1C), 11(1C) and 165(1), (3) and (4) of the Social Security Administration (Northern Ireland) Act 1992(1) and now vested in it(2), and of all other powers enabling it in that behalf, by this statutory rule which contains only regulations made consequential upon Article 66 of the Welfare Reform and Pensions (Northern Ireland) Order 1999(3), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (National Insurance Number Information: Exemption) Regulations (Northern Ireland) 2000 and shall come into operation on 15th May 2000.

(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Child Benefit (General) Regulations

2.  In the Child Benefit (General) Regulations (Northern Ireland) 1979(5) after regulation 19 (right to benefit of voluntary organisations) there shall be inserted the following regulation—

Disapplication of section 11(1A) of the Social Security Administration (Northen Ireland) Act

19A.  Section 11(1A) of the Social Security Administration (Northen Ireland) Act 1992 (requirement to state national insurance number) shall not apply to a claim for child benefit in respect of a child who is living with a voluntary organisation within the meaning of regulation 19..

Amendment of the Social Security (Guardian’s Allowances) Regulations

3.  In the Social Security (Guardian’s Allowances) Regulations (Northern Ireland) 1975(6) regulation 1A (disapplication of section 1(1A) of the Administration Act) shall be omitted.

Revocation

4.  Regulation 2 of the Social Security (National Insurance Number Information: Exemption) Regulations (Northern Ireland) 1997(7) is hereby revoked.

Sealed with the Official Seal of the Department for Social Development on 19th April 2000.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Child Benefit (General) Regulations (Northern Ireland) 1979 in order to provide that section 11(1A) of the Social Security Administration (Northern Ireland) Act 1992 (“the Administration Act”) (as inserted by Article 66 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (“the Order”)) shall not apply to claims for child benefit made in respect of children in the care of voluntary organisations (regulation 2).

In addition, these Regulations further amend the Social Security (Guardian’s Allowances) Regulations (Northern Ireland) 1975 in order to remove the exemption from the requirement to state a national insurance number when claiming guardian’s allowance (regulation 3). The exemption existed because payment of guardian’s allowance is dependent upon receipt of child benefit and, prior to the coming into force of section 11(1A) of the Administration Act, there was no requirement to state, or apply for, a national insurance number when claiming child benefit.

The Regulations also contain a consequential revocation (regulation 4).

These Regulations are made in consequence of Article 66 of the Order which inserted subsection (1C) into section 11 of the Administration Act. The Welfare Reform and Pensions (Commencement No. 3) Order (Northern Ireland) 2000 (S.R. 2000 No. 133 (C. 5)) provides for the coming into operation of Article 66 of the Order, for the purposes only of authorising the making of regulations on 18th April 2000 and for all other purposes on 15th May 2000. As these Regulations are made before the end of the period of 6 months from the commencement of the said Article, they are, accordingly exempt, by virtue of section 150(5)(b) of the Administration Act, from reference to the Social Security Advisory Committee.

(1)

1992 c. 8; subsection (1C) of section 1 was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)); subsections (1A) to(1C) of section 11 were inserted by Article 66 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

(2)

See Article 8(b) of S.R. 1999 No. 481

(5)

S.R. 1979 No. 5; to which there are amendments not relevant to these Regulations

(6)

S.R. 1975 No. 98; regulation 1A was inserted by regulation 2 of S.R. 1997 No. 483

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