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

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987, the State Pension Credit Regulations (Northern Ireland) 2003, the Housing Benefit Regulations (Northern Ireland) 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006.

Regulation 2 amends regulation 19 of, and Schedule 4 to, the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987. Regulation 2(2) adds state pension credit to the list of benefits set out in regulation 19(3) so that the time for claiming it, is prescribed as 3 months beginning with any day on which, apart from satisfying the condition of making the claim, the claimant is entitled to the benefit concerned. Regulation 2(3) omits state pension credit from Schedule 4.

Regulation 3 amends the State Pension Credit Regulations (Northern Ireland) 2003 so that the period in which entitlement to state pension credit continues during a period of temporary absence abroad, is increased to 13 weeks in all cases and makes consequential amendments to regulation 5 and Schedule 3 to those Regulations.

Regulation 4 amends regulation 81(12)(b) of the Housing Benefit Regulations (Northern Ireland) 2006 so as to enable a claim for housing benefit to be backdated for 6 months.

Regulation 5 amends regulation 62(1) and (13)(b) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006. Regulation 5(a) amends regulation 62(1) so as to amend the time for claiming housing benefit from 12 months to 3 months. Regulation 5(b) amends regulation 62(13)(b) so as to enable a claim for housing benefit to be backdated for 3 months.

Regulation 6 makes consequential revocations.

In so far as these Regulations are required, for the purposes of regulations 4 and 5, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they 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, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.