The Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002

PART VI DEDUCTIONS FROM BENEFITS AND DISQUALIFYING BENEFITS

Social security benefits not to be sanctionable benefits

19.  The following social security benefits are to be treated as a disqualifying benefit but not a sanctionable benefit—

(a) constant attendance allowance and exceptionally severe disabled allowance, payable under sections 104 and 105 respectively of the Benefits Act where a disablement pension is payable under section 103 of that Act; and

(b) a bereavement payment payable under section 36 of the Benefits Act(1).

Deductions from benefits

20.  Any restriction in section 6, 7 or 8 of the Act shall not apply in relation to payments of benefit to the extent of any deduction from the payments which fall to be made under regulations made under section 5(1)(q) of the Social Security Administration (Northern Ireland) Act 1992(2) for, or in place of, child support maintenance and for this purpose “child support maintenance” means such maintenance which is payable under Article 40 of the Child Support (Northern Ireland) Order 1991(3).

(1)

Section 36 was substituted by Article 51(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

(2)

1992 c. 8

(3)

S.I. 1991/2628 (N.I. 23); Article 40 is substituted by section 20 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) (N.I.))