xmlns:atom="http://www.w3.org/2005/Atom"

Statutory Rules of Northern Ireland

2001 No. 373

SOCIAL SECURITY

The Social Fund Winter Fuel Payment (Amendment) Regulations (Northern Ireland) 2001

Made

16th October 2001

Coming into operation

2nd November 2001

The Department for Social Development, in exercise of the powers conferred by sections 134(2) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1), and now vested in it(2), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Fund Winter Fuel Payment (Amendment) Regulations (Northern Ireland) 2001 and shall come into operation on 2nd November 2001.

(2) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Social Fund Winter Fuel Payment Regulations

2.—(1) The Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000(4) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 1 (citation, commencement and interpretation)—

(a)in paragraph (3)(b)(5), for “resides” there shall be substituted “lives”;

(b)for sub-paragraph (a) of paragraph (3A)(6), there shall be substituted the following sub-paragraph—

(a)a person resides in a residential care home where the home in which he resides is included in sub-paragraphs (a) or (b) of paragraph 2A(3)(7) of Schedule 2 to the Income Support Regulations(8) (applicable amounts).

(3) In regulation 2(b)(9) (social fund winter fuel payments)—

(a)in sub-paragraph (i), for “£150” there shall be substituted “£200”, and

(b)in sub-paragraph (ii), for “£75” there shall be substituted “£100”.

Sealed with the Official Seal of the Department for Social Development on 16th October 2001.

L.S.

Bryan Davis

Senior Officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000 by increasing the amount of the winter fuel payment. They also make some clarifactory drafting amendments.

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 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.

(2)

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

(4)

S.R. 2000 No. 91; relevant amending Regulations are S.R. 2000 Nos. 259 and 321

(5)

Paragraph (3) was amended by regulation 2(2)(b)(ii) of S.R. 2000 No. 321

(6)

Paragraph (3A) was inserted by regulation 2(2)(c) of S.R. 2000 No. 321

(7)

Paragraph 2A(3) was inserted by regulation 2(6) of S.R. 1993 No. 149 and amended by paragraph 1(j) of Schedule 12 to S.R. 1994 No. 65

(8)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1993 No. 149 and S.R. 1994 No. 65

(9)

Regulation 2(b) was amended by regulation 2 of S.R. 2000 No. 259