1.—(1) These Regulations may be cited as the Social Security (National Insurance Number Information: Exemption) Regulations (Northern Ireland) 2009 and shall come into operation on 6th April 2009.
(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.
2. In regulation 2A of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976(2) (disapplication of section 1(1A) of the Administration Act), at the end of paragraph (c) add—
“(d)to an adult dependant who—
(i)is a person in respect of whom a claim for an increase of carer’s allowance is made,
(ii)is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999(3), and
(iii)has not previously been allocated a national insurance number.”.
3. In regulation 1A of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979(4) (disapplication of section 1(1A) of the Administration Act for the purposes of retirement pension), at the end of paragraph (b) add—
“(c)to an adult dependant who—
(i)is a person in respect of whom a claim for an increase of retirement pension is made;
(ii)is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999; and
(iii)has not previously been allocated a national insurance number.”.
4. For regulation 1A of the Social Security (Maternity Allowance) Regulations (Northern Ireland) 1987(5) (disapplication of section 1(1A) of the Administration Act), substitute—
“1A. Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to an adult dependant who—
(a)is a person in respect of whom a claim for an increase of maternity allowance is made;
(b)is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999; and
(c)has not previously been allocated a national insurance number.”.
5. In regulation 2A of the Income Support (General) Regulations (Northern Ireland) 1987(6) (disapplication of section 1(1A) of the Administration Act), at the end of paragraph (b) add—
“(c)to a person who—
(i)is a person in respect of whom a claim for income support is made,
(ii)is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act,
(iii)is not entitled to income support for the purposes of section 123 of the Contributions and Benefits Act(7), and
(iv)has not previously been allocated a national insurance number.”.
6. In regulation 1A of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(8) (disapplication of section 1(1A) of the Administration Act), at the end of paragraph (b) add—
“(c)to an adult dependant who—
(i)is a person in respect of whom a claim for an increase of incapacity benefit is made;
(ii)is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999, and
(iii)has not previously been allocated a national insurance number.”.
7. In regulation 2A of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(9) (disapplication of section 1(1A) of the Administration Act), at the end of paragraph (b) add—
“(c)to a person who—
(i)is a person in respect of whom a claim for jobseeker’s allowance is made;
(ii)is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;
(iii)is not entitled to a jobseeker’s allowance for the purposes of Article 3 of the Order(10), and
(iv)has not previously been allocated a national insurance number.”.
8. After regulation 1 of the State Pension Credit Regulations (Northern Ireland) 2003(11) (citation, commencement and interpretation), insert—
1A. Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to a person who—
(a)is a person in respect of whom a claim for state pension credit is made;
(b)is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999;
(c)does not satisfy the conditions of entitlement to state pension credit specified in section 1(2) of the Act, and
(d)has not previously been allocated a national insurance number.”.
9. In regulation 4 of the Housing Benefit Regulations (Northern Ireland) 2006(12) (cases in which section 1(1A) of the Administration Act is disapplied)—
(a)at the end of paragraph (a) omit “or”;
(b)at the end of paragraph (b) add “; or” and the following paragraph—
“(c)to a person who—
(i)is a person in respect of whom a claim for housing benefit is made;
(ii)is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;
(iii)is a person from abroad for the purposes of these Regulations as defined in regulation 10(2), and
(iv)has not previously been allocated a national insurance number.”.
10. In regulation 4 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(13) (cases in which section 1(1A) of the Administration Act is disapplied)—
(a)at the end of paragraph (a) omit “or”;
(b)at the end of paragraph (b) add “; or” and the following paragraph—
“(c)to a person who—
(i)is a person in respect of whom a claim for housing benefit is made;
(ii)is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999;
(iii)is a person from abroad for the purposes of these Regulations as defined in regulation 10(2), and
(iv)has not previously been allocated a national insurance number.”.
11. After regulation 2 of the Employment and Support Allowance Regulations (Northern Ireland) 2008(14) (interpretation), insert—
2A. Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to a person who—
(a)is a person in respect of whom a claim for employment and support allowance is made;
(b)is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;
(c)does not satisfy the basic conditions of entitlement in relation to an income-related employment and support allowance for the purposes of section 1(3) of the Act; and
(d)has not previously been allocated a national insurance number.”.
12. Regulation 6 of the Social Security (National Insurance Number Information: Exemption) Regulations (Northern Ireland) 1997(15) is revoked.
Sealed with the Official Seal of the Department for Social Development on 10th March 2009
(L.S.)
John O’Neill
A senior officer of the Department for Social Development