The Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 2004

Statutory Rules of Northern Ireland

2004 No. 304

SOCIAL SECURITY

The Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 2004

Made

19th July 2004

Coming into operation

6th October 2004

The Department for Social Development, in exercise of the powers conferred by sections 5(1)(a) and 165(1) and (4) of the Social Security Administration (Northern Ireland) Act 1992(1), and now vested in it(2), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Claims and Payments) (Amendment No.2) Regulations (Northern Ireland) 2004 and shall come into operation on 6th October 2004.

(2) The Interpretation Act (Northern Ireland) 1954(3) 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(4) shall be amended in accordance with paragraphs (2) and (3).

(2) In regulation 19(3)(5) (time for claiming benefit) sub-paragraph (fa)(6) shall be omitted.

(3) In Schedule 4 (prescribed times for claiming benefit) after paragraph 11(7) there shall be added the following paragraph –

“12.   State pension credit. As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 12 months immediately following it.”.

Sealed with the Official Seal of the Department for Social Development on 19th July 2004.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 to provide that the time for claiming state pension credit is the day on which the claimant is entitled to it (apart from satisfying the condition of making a claim) and the period of 12 months immediately following that day.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.

(1)

1992 c. 8

(2)

See Article 8(b) and Part II of Schedule 6 to, S.R. 1999 No. 481

(3)

1954 c. 33 (N.I.)

(4)

S.R. 1987 No. 465; relevant amending Regulations are S.R. 1992 No. 7, S.R. 1997 No. 156 and S.R. 2003 No. 191

(5)

Regulation 19 was substituted by regulation 3(7) of S.R. 1997 No. 156

(6)

Sub-paragraph (fa) was inserted by regulation 8(2) of S.R. 2003 No. 191

(7)

Paragraph 11 was added by regulation 26(b) of S.R. 1992 No. 7