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

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Amendment of the Social Security (Claims and Payments) Regulations

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

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

(a)in paragraph (3)(ga)(3) after “bereavement benefit” there shall be added “, except for a bereavement payment within the meaning of section 36 of the Contributions and Benefits Act(4)”; 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(5) (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(6) 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(7)

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..

(2)

Regulation 19 was substituted by regulation 3(7) of S.R. 1997 No. 156 and amended by regulation 2(3) of S.R. 1997 No. 417, regulation 10(4) of S.R. 2001 No. 108, paragraph 2(7) of Schedule 2 to S.R. 2001 No. 175 and regulation 2(3) of S.R. 2002 No. 67

(3)

Sub-paragraph (ga) was added by regulation 10(4) of S.R. 2001 No. 108

(4)

Section 36 was substituted by Article 51 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

(5)

Regulation 35 was amended by regulation 2(6) of S.R. 1999 No. 365

(7)

Regulation 1(3) was amended by regulation 2(2)(a) of S.R. 2001 No. 373

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