The Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 2002

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 2002 and, subject to paragraph (2), shall come into operation on 2nd September 2002.

(2) Regulation 2(3) shall come into operation in relation to a particular case on the date on which section 20 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(1) (which substitutes Article 40 of the Child Support (Northern Ireland) Order 1991) comes into operation for the purposes of that type of case.

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

Amendment of the Social Security (Claims and Payments) Regulations

2.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(3) shall be amended in accordance with paragraphs (2) and (3).

(2) Regulation 28 (fractional amounts of benefit) shall be renumbered paragraph (1) of regulation 28 and –

(a) at the beginning of that paragraph there shall be inserted “Subject to paragraph (2),”;

(b) in that paragraph for “regulation” there shall be substituted “paragraph”; and

(c) after that paragraph there shall be added the following paragraph –

“(2) Where the amount of any maternity allowance payable would, but for this paragraph, include a fraction of a penny, that fraction shall be treated as a penny.”.

(3) In Schedule 8C(4) (deductions from benefit in respect of child support maintenance and payment to persons with care) –

(a) in paragraph 1 in the definition of “maintenance” before “means” there shall be inserted “, except in paragraph 3,”; and

(b) in paragraph 3, after sub-paragraph (2) there shall be added the following sub-paragraph –

“(3) In sub-paragraph (1) “maintenance” means child support maintenance within the meaning of Article 4(6) of the Order –

(a) before the amendment of Article 4(6) by section 1(2)(a) of the Child Support, Pensions and Social Security Act (Northern ireland) 2000;

(b) after that amendment; or

(c) both before and after that amendment,

and includes maintenance payable at a transitional rate in accordance with regulations made under section 28(2)(a) of that Act.”.

Sealed with the Official Seal of the Department for Social Development on 25th July 2002.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development