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

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Claims and Payments and Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2002 and shall come into operation on 2nd November 2002 except for regulations 2(2) and 4 which shall come into operation on 1st April 2003.

(2) The Interpretation Act (Northern Ireland) 1954(1) 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(2) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 19(3) (time for claiming benefit) –

(a) in paragraph (3)(ga)(4) after “bereavement benefit” there shall be added “, except for a bereavement payment within the meaning of section 36 of the Contributions and Benefits Act(5)”; and

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

“(3A) The prescribed time for claiming a bereavement payment is 12 months beginning with the day on which, apart from satisfying the condition of making a claim, the claimant is entitled to such a payment.”.

(3) Regulation 35(6) (payment to a partner as alternative payee) shall be renumbered paragraph (1) of regulation 35 and after that paragraph there shall be added the following paragraph –

“(2) Where a person is entitled to a winter fuel payment within the meaning of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000(7) and –

(a) that person is one of a married or unmarried couple or a member of a polygamous marriage;

(b) the other member of that couple or another member of that marriage (“the other person”) is in receipt of income support or an income-based jobseeker’s allowance; and

(c) both members of the couple or marriage are living together within the meaning of regulation 1(3)(b) of those Regulations(8)

the Department may pay the winter fuel payment to the other person on behalf of the person entitled to the payment as an alternative to paying the person entitled notwithstanding that the other person has not yet attained the age of 60 in the qualifying week.”.

Amendment of the Social Fund Winter Fuel Payment Regulations

3.  In regulation 2 of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000 (social fund winter fuel payments) after “regulation 3” there shall be inserted “and regulation 35(2) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987”.

Transitional provision

4.  Regulation 2(2) shall only have effect in respect of a person who is entitled to a bereavement payment because of the death of a spouse occurring on or after 1st April 2003.

Sealed with the Official Seal of the Department for Social Development on 23rd October 2002.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development