The Age-Related Payments Regulations (Northern Ireland) 2005

Procedure

7.—(1) Where before 31st December 2005 the Department thinks that a person is entitled to a payment under any of regulations 2 to 5, the Department shall make the payment before that date without a claim being required.

(2) Where, by virtue of a decision made after the relevant week that section 115(9) of the Immigration and Asylum Act 1999 (exclusions) ceases to apply to a person, the Department thinks that the person is entitled to a payment, under any of regulations 2 to 5, the Department shall make the payment without a claim being required.

(3) A person who is entitled to a payment under any of regulations 2 to 5 and who does not receive it before 31st December 2005, may claim the payment.

(4) A claim under paragraph (3) must—

(a) be in writing to the Department;

(b) be received by the Department before 31st March 2006; and

(c) specify—

(i) the claimant’s name, address, date of birth and national insurance number (if he has one); and

(ii) the date on which the claim is sent to the Department; and

(d) include a declaration that the claimant was ordinarily resident in Northern Ireland on at least one day in the relevant week.

(5) If the Department is satisfied that a person making a claim under paragraph (3) is entitled to a payment under any of regulations 2 to 5, the Department shall make the payment.

(6) The provisions of Chapter II of Part II of the Social Security (Northern Ireland) Order 1998(1) (Social Security Decisions and Appeals) shall apply to a decision of the Department about a person’s entitlement to a payment under regulations 2 to 5 (whether or not following a claim) as they apply to a decision of the Department under Article 9 of that Order.

(1)

S.I. 1998/1506 (N.I. 10)