Search Legislation

The Social Security (Transitional Payments) Regulations (Northern Ireland) 2009

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Transitional Payments) Regulations (Northern Ireland) 2009 and shall come into operation on 6th April 2009.

(2) In these Regulations the “Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1).

Transitional payment

2.—(1) This regulation applies where, in accordance with regulation 22A(4) of, and paragraph 2ZA of Schedule 7 to, the Claims and Payments Regulations(2) (bereavement benefits and time of payment), the Department changes the manner in which a benefit mentioned in paragraph (2) is paid from weekly payments in advance to weekly payments in arrears.

(2) The benefits are income support, widowed mother’s allowance, widowed parent’s allowance and widow’s pension.

(3) Where this regulation applies, a person shall be entitled to a transitional payment determined in accordance with paragraph (4).

(4) The amount of the transitional payment shall be equivalent to the gross amount of benefit payable in respect of the last period of 7 days for which benefit was payable in advance.

(5) In paragraph (4) “the gross amount” means the amount of weekly benefit payable to a person before any deductions have been made—

(a)under regulation 34ZA, 34ZB or 34A of the Claims and Payments Regulations(3) (deductions from benefit and payment to third parties); or

(b)in respect of overpayment recovery or recovery of social fund loans under section 69, 72 or 74 of the Social Security Administration (Northern Ireland) Act 1992(4) (overpayments, income support and other payments and recovery of social fund awards).

Adjusting payment of benefit

3.—(1) This regulation applies where, in accordance with regulations 22A(1) and 24(1) of, and paragraphs 1 and 3 of Schedule 7 to, the Claims and Payments Regulations(5) (bereavement benefits, incapacity benefit, severe disablement allowance and maternity allowance and time of payment), the Department changes the manner in which a benefit mentioned in paragraph (2) is paid from weekly payments in arrears to fortnightly payments in arrears.

(2) The benefits are incapacity benefit, income support, severe disablement allowance, widowed mother’s allowance, widowed parent’s allowance and widow’s pension.

(3) Subject to paragraph (6), where this regulation applies, a person shall be entitled, on making a request to the Department, to an adjusting payment of benefit determined in accordance with paragraph (5).

(4) A request under paragraph (3) may only be made on a day before the day on which the first fortnightly payment is due.

(5) The amount of the adjusting payment of benefit shall be the person’s net weekly benefit payable in respect of the last period of 7 days for which benefit was payable weekly in arrears, rounded up so as to be divisible by 12.

(6) The Department shall not pay an adjusting payment of benefit where a person’s net weekly benefit is less than £4∙00 in respect of the period of 7 days ending on the payday which the Department has indicated will be the final payday for the purposes of paying the person at weekly intervals.

(7) In paragraphs (5) and (6), “net weekly benefit” means the amount of weekly benefit payable to a person after any deductions have been made—

(a)under regulation 34ZA, 34ZB or 34A of the Claims and Payments Regulations; or

(b)in respect of overpayment recovery or recovery of social fund loans under section 69, 72 or 74 of the Social Security Administration (Northern Ireland) Act 1992.

Adjustment of subsequent payments following an adjusting payment of benefit

4.—(1) Subject to paragraph (5), where an adjusting payment of benefit is made under regulation 3, the amount of that payment shall be recovered by means of an adjustment in subsequent payments of benefit in accordance with paragraphs (2) to (4).

(2) A person’s benefit payments shall be adjusted over a period of 12 consecutive weeks (“the adjustment period”).

(3) The first payment from which an adjusting payment of benefit shall be recovered is the payment that is due on the second occasion on which the person is due to receive payment of benefit at fortnightly intervals.

(4) The amount by which the person’s weekly benefit is to be reduced on each occasion during the adjustment period shall be 1/12th of the adjusting payment of benefit.

(5) The Department may, in any particular case or class of case, recover the whole of an adjusting payment of benefit, or the residue of it if partly recovered, by adjusting subsequent payments of the same benefit over any period of time.

Sealed with the Official Seal of the Department for Social Development on 13th March 2009

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources