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

Statutory Rules of Northern Ireland

2008 No. 410

HOUSING; RATES; SOCIAL SECURITY

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

Made

3rd October 2008

Coming into operation

6th October 2008

The Department for Social Development makes the following Regulations in exercise of the powers conferred by section 171(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 F1 and sections 5(1)(a) and 165(1) and (3) to (5) of the Social Security Administration (Northern Ireland) Act 1992 F2 , and now vested in it F3 , and sections 1(5) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002 F4 .

The Social Security Advisory Committee has agreed that proposals in respect of regulations 4 and 5 should not be referred to it F5 .

Annotations:

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)

F1 1992 c. 7

F2 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) and section 165(3) was amended by paragraph 10 of Schedule 4 to, the Tax Credits Act 2002 (c. 21)

F3 See Article 8(b) of S.R. 1999 No. 481

F4 2002 c. 14 (N.I.)

F5 See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992

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 F6 shall apply to these Regulations as it applies to an Act of the Assembly.

Annotations:

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)

F6 1954 c. 33 (N.I.)

Amendment of the Social Security (Claims and Payments) Regulations

2.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 F7 are amended in accordance with paragraphs (2) and (3).

(2) In regulation 19(3) F8 (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 F9 .

Annotations:

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)

F7 S.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

F8 Regulation 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

F9 Paragraph 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 F10 are amended in accordance with paragraphs (2) to (4).

(2) For regulation 3 F11 (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) F12 substitute—

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

(b) omit paragraph (3) F13 .

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

Annotations:

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)

F10 S.R. 2003 No. 28; relevant amending Regulations are S.R. 2003 No. 421 and S.R. 2006 No. 128

F11 Regulation 3 was amended by regulation 2(4) of S.R. 2003 No. 421 and regulation 5(2) of S.R. 2006 No. 128

F12 Paragraph (1)(f) was substituted by regulation 2(5)(a)(ii) of S.R. 2003 No. 421

F13 Paragraph (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 F14 (time and manner in which claims are to be made) for “52 weeks” substitute “ 6 months ”.

Annotations:

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)

F14 S.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 F15 (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 ”.

Annotations:

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)

F15 S.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 F16 ;

(b) regulation 2(3) of the Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 2004 F17 , and

(c) regulation 5(2) of the Social Security (Young Persons) (Amendment) Regulations (Northern Ireland) 2006 F18 .

Annotations:

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)

F16 S.R. 2003 No. 421

F17 S.R. 2004 No. 304

F18 S.R. 2006 No. 128

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

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.