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

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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(1) (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.

(1)

Regulation 24(1) was amended by regulation 2(13) of S.R. 1996 No. 354, regulation 4(a) of S.R. 2000 No. 404 and regulation 2(5) of S.R. 2002 No. 297 and in Schedule 7 paragraph 1 was substituted by regulation 2(16) of S.R. 2006 No. 168 and paragraph 3 was amended by regulation 7(2) of S.R. 1989 No. 398 and regulation 2(15)(b) of S.R. 1994 No. 456

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