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The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2008

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2008 and shall come into operation on 6th October 2008.

(2) The Interpretation Act (Northern Ireland) 1954 F1 shall apply to these Regulations as it applies to an Act of the Assembly.

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Amendments (Textual)

Amendment of the Social Security (Claims and Payments) Regulations

2.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 F2 are amended in accordance with paragraphs (2) and (3).

(2) In regulation 19(3) F3 (time for claiming benefit)—

(a)at the end of sub-paragraph (ga) omit “and”;

(b)in sub-paragraph (h) for “dependant.” substitute “ dependant; and ”, and

(c)after that sub-paragraph add—

(i)state pension credit..

(3) In Schedule 4 (prescribed times for claiming benefit) omit paragraph 12 F4.

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Amendments (Textual)

F2S.R. 1987 No. 465; relevant amending Regulations are S.R. 1997 No. 156, S.R. 2002 No. 323, S.R. 2004 No. 304 and S.R. 2005 Nos. 122 and 139

F3Regulation 19 was substituted by regulation 3(7) of S.R. 1997 No. 156 and paragraph 3 was amended by paragraph 2 of the Schedule to, S.R. 2002 No. 323, regulation 2(2) of S.R. 2004 No. 304, regulation 2(3) of S.R. 2005 No.122 and regulation 2(2)(a) of S.R. 2005 No. 139

F4Paragraph 12 was inserted by regulation 2(3) of S.R. 2004 No. 304

Amendment of the State Pension Credit Regulations

3.—(1) The State Pension Credit Regulations (Northern Ireland) 2003 F5 are amended in accordance with paragraphs (2) to (4).

(2) For regulation 3 F6 (persons temporarily absent from Northern Ireland) substitute—

Persons temporarily absent from Northern Ireland

3.  A claimant's entitlement to state pension credit during periods of temporary absence from Northern Ireland is to continue for up to 13 weeks if—

(a)the period of the claimant's absence from Northern Ireland is unlikely to exceed 52 weeks, and

(b)while absent from Northern Ireland the claimant continues to satisfy the other conditions of entitlement to state pension credit.

Persons temporarily absent from Northern Ireland on 6th October 2008

3A.  Where a claimant—

(a)is already temporarily absent from Northern Ireland on 6th October 2008;

(b)had a continuing entitlement to state pension credit immediately before that day, and

(c)while absent from Northern Ireland, continues to satisfy the other conditions of entitlement to state pension credit,

the claimant's entitlement to state pension credit is to continue during that period of absence from Northern Ireland for up to 13 weeks..

(3) In regulation 5 (persons treated as being or not being members of the same household)—

(a)for paragraph (1)(f) F7 substitute—

(f)he is absent from Northern Ireland for more than 13 weeks;, and

(b)omit paragraph (3) F8.

(4) In Schedule 3 (special groups) in paragraph 1(8) after “regulations” omit “3,”.

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Amendments (Textual)

F5S.R. 2003 No. 28; relevant amending Regulations are S.R. 2003 No. 421 and S.R. 2006 No. 128

F6Regulation 3 was amended by regulation 2(4) of S.R. 2003 No. 421 and regulation 5(2) of S.R. 2006 No. 128

F7Paragraph (1)(f) was substituted by regulation 2(5)(a)(ii) of S.R. 2003 No. 421

F8Paragraph (3) was inserted by regulation 2(5)(b) of S.R. 2003 No. 421

Amendment of the Housing Benefit Regulations

4.  In regulation 81(12)(b) of the Housing Benefit Regulations (Northern Ireland) 2006 F9 (time and manner in which claims are to be made) for “52 weeks” substitute “ 6 months ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9S.R. 2006 No. 405, to which there are amendments not relevant to these Regulations

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

5.  In regulation 62 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 F10 (time and manner in which claims are to be made)—

(a)in paragraph (1) for “12 months” substitute “ 3 months ”, and

(b)in paragraph (13)(b) for “52 weeks” substitute “ 3 months ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F10S.R. 2006 No. 406; to which there are amendments not relevant to these Regulations

Revocations

6.  The following regulations are revoked—

(a)regulation 2(4), (5)(a)(ii) and (5)(b) of the State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 F11;

(b)regulation 2(3) of the Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 2004 F12, and

(c)regulation 5(2) of the Social Security (Young Persons) (Amendment) Regulations (Northern Ireland) 2006 F13.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Sealed with the Official Seal of the Department for Social Development on 3rd October 2008

L.S.

John O'Neill

A senior officer of the

Department for Social Development

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