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The Social Security (Claims and Payments) (Amendment No. 3) Regulations (Northern Ireland) 2007

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Statutory Rules of Northern Ireland

2007 No. 330

social security

The Social Security (Claims and Payments) (Amendment No. 3) Regulations (Northern Ireland) 2007

Made

10th July 2007

Coming into operation

31st July 2007

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 5(1)(q) and 165(1) and (4) of the Social Security Administration (Northern Ireland) Act 1992(1) and now vested in it(2).

Citation and commencement

1.  These Regulations may be cited as the Social Security (Claims and Payments) (Amendment No. 3) Regulations (Northern Ireland) 2007 and shall come into operation on 31st July 2007.

Amendment of the Social Security (Claims and Payments) Regulations

2.  In Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(3) (deductions from benefits and direct payment to third parties)—

(a)in paragraph 1 (interpretation)—

(i)after the definition of “the Income Support Regulations” insert—

“integration loan which is recoverable by deductions” means an integration loan made under the Integration Loans for Refugees and Others Regulations 2007(4) and which is recoverable from the recipient by deductions from a specified benefit under regulation 9 of those Regulations;, and

(ii)in paragraph (a) of the definition of “specified benefit”(5) after “water charges” insert “and integration loans”;

(b)after paragraph 7B(6) (arrears of child support maintenance) insert—

Integration loans

7C.(1) Subject to sub-paragraph (2) and paragraphs 8 and 9, where a person has an integration loan which is recoverable by deductions, the weekly amount payable in respect of the loan shall be equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 years, including where the loan is a joint loan.

(2) Notwithstanding paragraph 8(1), no deduction may be made under sub-paragraph (1) unless the amount of the beneficiary’s award of the specified benefit is not less than the amount authorised to be so paid under that sub-paragraph plus 10 pence.;

(c)in paragraph 8 (aggregate amounts and maximum amount of payments to third parties)—

(i)in sub-paragraph (2)(7) for “, 7(3) and 7A” substitute “, 7(3), 7A and 7C”,

(ii)in sub-paragraph (2A)(8) for “and 7B” substitute “, 7B and 7C”, and

(iii)in sub-paragraph (3)(9) for “, 6(2) and 6A”, in both places where it occurs, substitute “, 6(2), 6A and 7C”; and

(d)in paragraph 9(1)(10) (priority as between debts)—

(i)after “7A” insert “and 7C”, and

(ii)after head (e)(11) add—

(f)any liability mentioned in paragraph 7C (integration loans)..

Revocations

3.  Regulation 2(4) of the Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 1993(12) and regulation 2(f)(ii) of the Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 2007(13) are revoked.

Sealed with the Official Seal of the Department for Social Development on 10th July 2007

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 of these Regulations amends Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 to provide for deductions from specified benefits in respect of integration loans made under the Integration Loans for Refugees and Others Regulations 2007.

Regulation 3 makes consequential revocations.

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, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

(1)

1992 c.8; section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

(2)

See Article 8(b) of S.R. 1999 No. 481

(5)

The definition of “specified benefit” was substituted by regulation 2(a)(iii) of S.R. 2007 No. 206

(6)

Paragraph 7B was inserted by regulation 2(8)(b) of S.R. 1996 No. 432

(7)

Sub-paragraph (2) was amended by regulation 2(4) of S.R. 1993 No. 146, regulation 4(2)(a) of S.R. 1997 No. 165 and regulation 2(f)(i) of S.R. 2007 No. 206

(8)

Sub-paragraph (2A) was inserted by regulation 2(8)(c) of S.R. 1996 No. 432 and amended by regulation 2(f)(i) of S.R. 2007 No. 206

(9)

Sub-paragraph (3) was substituted by regulation 2(5)(c) of S.R. 2006 No. 365 and amended by regulation 2(f)(ii) of S.R. 2007 No. 206

(10)

Paragraph 9(1) was amended by regulation 6(5) of S.R. 1989 No. 40, regulation 2(5) of S.R. 1993 No. 146, regulation 2(8)(d)(i) of S.R. 1996 No.432, regulation 4(2)(c) of S.R. 1997 No. 165 and regulation 2(g) of S.R. 2007 No. 206

(11)

Head (e) was added by regulation 2(5)(b) of S.R. 1993 No. 146

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