The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations (Northern Ireland) 2005

Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations

6.—(1) The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988(1) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 2 (making of interim payments) –

(a) in paragraph (1)(2) –

(i) after “may be entitled” there shall be inserted “or, where sub-paragraph (a) applies, entitled apart from satisfying the condition of making a claim”, and

(ii) in sub-paragraph (a) at the end there shall be added “, including where it is impracticable to satisfy immediately the national insurance number requirements in section 1(1A) and (1B) of the Administration Act”; and

(b) for paragraph (1A)(3) there shall be substituted the following paragraph –

“(1A) Paragraph (1) shall not apply pending the determination of an appeal.”.

(3) In regulation 8(1) (duplication and prescribed payments) after sub-paragraph (h)(4) there shall be added the following sub-paragraph –

“(i) any contribution-based jobseeker’s allowance within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995.”.

(4) In regulation 12(5) (circumstances in which determination need not be reversed, varied, revised or superseded) for “Article 54(4) of the Order” there shall be substituted “Section 69(5) or (5A) of the Administration Act”.

(5) In regulation 16(3) (limitations on deductions from prescribed benefits) for “regulation 36(1) of the Claims and Payments Regulations (suspension of payments)” there shall be substituted “regulation 20 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (making of payments which have been suspended)”.

(1)

S.R. 1988 No. 142; relevant amending regulations are S.R. 1996 No. 11, S.R. 1999 No. 472 (C. 36) and S.R. 2001 No. 108

(2)

Paragraph (1) was amended by regulation 7(a) of S.R. 1996 No. 11

(3)

Paragraph (1A) was inserted by regulation 7(b) of S.R. 1996 No. 11

(4)

Sub-paragraph (h) was added by regulation 11(3) of S.R. 2001 No. 108

(5)

Regulation 12 was amended by Article 11(7) of S.R. 1999 No. 472 (C. 36)