The Social Security (Guardian’s Allowances) (Amendment) Regulations (Northern Ireland) 2002

Citation, commencement and interpretation

1.  These Regulations may be cited as the Social Security (Guardian’s Allowances) (Amendment) Regulations (Northern Ireland) 2002 and shall come into operation on 1st April 2002.

Amendment of the Social Security (Guardian’s Allowances) Regulations

2.—(1) Regulation 5 of the Social Security (Guardian’s Allowances) Regulations (Northern Ireland) 1975(1) (children whose surviving parents are in prison or legal custody) shall be amended in accordance with paragraphs (2) to (6).

(2) For paragraph (1) there shall be substituted the following paragraph—

“(1) Subject to the following provisions of this regulation, the circumstances in which a person is to be treated for the purposes of section 77(2)(c) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as being in prison are that he is—

(a) serving a custodial sentence within the meaning of Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996(2) of not less than 2 years; or

(b) detained in a hospital by order of the court under Article 44, 45, 50A or 51(2) and (3) of the Mental Health (Northern Ireland) Order 1986(3) or section 11 or 13(5A) and (6) of the Criminal Appeal (Northern Ireland) Act 1980(4).”.

(3) In paragraph (2)—

(a) for “5” in both places where it occurs there shall be substituted “2” and for “paragraph (1)” there shall be substituted “paragraph (1)(a)”;

(b) in sub-paragraph (c) for “a sentence of imprisonment” there shall be substituted “a custodial sentence as referred to in paragraph (1)(a) of this regulation”.

(4) For paragraph (3) there shall be substituted the following paragraph—

“(3) Subject to paragraph (4) of this regulation, a person shall be treated as—

(a) not having ceased to be serving such a custodial sentence as is referred to in paragraph (1)(a) of this regulation if he is transferred to a hospital or is temporarily released or is unlawfully at large; or

(b) not having ceased to be detained in such circumstances as are referred to in paragraph (1)(b) of this regulation if he is temporarily released or is unlawfully at large.”.

(5) In paragraph (4)—

(a) for “such a sentence or to be in such custody as is referred to in paragraph (1)” there shall be substituted “such a custodial sentence as is referred to in paragraph (1)(a)”;

(b) in sub-paragraph (a) for “5” there shall be substituted “2”.

(6) In paragraph (9) for “5” there shall be substituted “2”.

Sealed with the Official Seal of the Department for Social Development on 7th March 2002.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development