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Statutory Rules of Northern Ireland

2010 No. 378

Social Security

The Social Fund Maternity and Funeral Expenses (General) (Amendment) Regulations (Northern Ireland) 2010

Made

18th November 2010

Coming into operation

13th December 2010

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 134(1)(a) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and sections 5(1)(a) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992(2) and now vested in it(3).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 13th December 2010.

(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations

2.—(1) The Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005(5) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(1) (interpretation)—

(a)after the definition of “the Act” insert—

“the Adoption Order” means the Adoption (Northern Ireland) Order 1987(6);

“the Children Order” means the Children (Northern Ireland) Order 1995(7);;

(b)after the definition of “absent parent” insert—

“adoption agency” has the meaning given in Article 2(2) of the Adoption Order;

“adoption order” means an order made under Article 12 of the Adoption Order;;

(c)in the definition of “confinement” for “issue” in both places where it occurs substitute “birth”;

(d)after the definition of “funeral payment” insert—

“guardian” means a person appointed as a guardian under Article 159 or 160 of the Children Order ;;

(e)after the definition of “occupational pension scheme” insert—

“order freeing a child for adoption” has the meaning given in Article 2(2) of the Adoption Order;

“parental order” means an order made under section 30 of the Human Fertilisation and Embryology Act 1990(8) (parental orders) or section 54 of the Human Fertilisation and Embryology Act 2008(9) (parental orders);; and

(f)after the definition of “prescribed time for claiming” insert—

“qualifying order” has the meaning given in regulation 3A(6);

“residence order” means a residence order as defined in Article 8(1) and made under Article 10 of the Children Order (power of court to make Article 8 orders);.

(3) After regulation 2(1) insert—

(1A) References in these Regulations to—

(a)Article 2, 12 or 39 of the Adoption Order; and

(b)Article 8, 10, 159 or 160 of the Children Order,

are to be construed as including a reference to a provision (if any) in legislation which has equivalent effect in England and Wales, Scotland, the Channel Islands or the Isle of Man..

(4) For regulation 4 (provision against double payment) substitute—

Provision against double payment: Sure Start Maternity Grants

3A.(1) In this regulation—

(a)“C” is the child in respect of whom a Sure Start Maternity Grant has been claimed;

(b)“first grant” is a first Sure Start Maternity Grant in respect of C; and

(c)“second grant” is a second Sure Start Maternity Grant in respect of C.

(2) Subject to paragraph (3), a second grant may not be awarded if a first grant has been awarded.

(3) A second grant may be awarded to a person (“P”) if the following conditions are satisfied.

(4) The first condition is that P—

(a)alone, or together with another person, has been granted a qualifying order; or

(b)falls within regulation 5(3)(b), (d), (e) or (f).

(5) The second condition is that P—

(a)has not already received a first grant; or

(b)was not, at the time a first grant was claimed, a member of the family of a person to whom a first grant has been paid.

(6) A qualifying order is one of the following types of order—

(a)an adoption order;

(b)a parental order;

(c)a residence order.

Provision against double payment: funeral payments

4.(1) Subject to paragraph (2), no funeral payment shall be made under these Regulations if such a payment has already been made in respect of any funeral expenses arising from the death of the same person.

(2) A further funeral payment may be made in respect of any funeral expenses arising from the death of a person in respect of which such a payment has already been made where—

(a)the decision pursuant to which the funeral payment was awarded has been revised; and

(b)the further amount of the award as revised, together with the amount of the funeral payment already paid in respect of the death of that person, does not exceed the amount of any funeral payment which may be awarded pursuant to regulation 9..

(5) For regulation 5(10) (entitlement) substitute—

Entitlement

5.(1) Subject to regulation 6, a payment of £500 to meet maternity expenses (referred to in these Regulations as a “Sure Start Maternity Grant”) shall be made in respect of a child or still-born child where the following conditions are satisfied.

(2) The first condition is that the claimant or the claimant’s partner has, in respect of the date of the claim for a Sure Start Maternity Grant, been awarded—

(a)income support;

(b)state pension credit;

(c)an income-based jobseeker’s allowance;

(d)working tax credit where the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002(11) (maximum rate) is included in the award;

(e)child tax credit payable at a rate higher than the family element; or

(f)an income-related employment and support allowance.

(3) The second condition is that—

(a)the claimant or, if the claimant is a member of a family, one of the family is pregnant or has given birth to a child or a still-born child;

(b)the claimant is the parent (but not the mother) of a child who does not exceed the age of twelve months at the date of the claim and is responsible for the child and the child’s parents are not partners at the date of the claim;

(c)the claimant or the claimant’s partner—

(i)i)has been granted a qualifying order in respect of a child who does not exceed the age of twelve months at the date of the claim, and

(ii)ii)is responsible for the child;

(d)the claimant or the claimant’s partner—

(i)i)has been appointed the guardian of a child who does not exceed the age of twelve months at the date of the claim, and

(ii)ii)is responsible for the child;

(e)a child who does not exceed the age of twelve months at the date of the claim has been placed by an adoption agency with the claimant or the claimant’s partner, by virtue of an order freeing a child for adoption and the claimant or claimant’s partner is responsible for the child; or

(f)the claimant or the claimant’s partner has adopted a child who does not exceed the age of twelve months at the date of the claim and that adoption falls within Article 39(1)(cc)(12) and (d) of the Adoption Order (meaning of “adoption” in Part V).

(4) The third condition is that the claimant or the claimant’s partner has received advice from a health professional—

(a)on health and welfare matters relating to the child (but this requirement does not apply where the claim is made after the birth of a still-born child); and

(b)where the claim is made before the child is born, on health and welfare matters relating to maternal health.

(5) The fourth condition is that the claim is made within the prescribed time for claiming a Sure Start Maternity Grant..

Amendment of the Social Security (Claims and Payments) Regulations

3.  In Schedule 4 to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(13) (prescribed times for claiming benefit)—

(a)for the entry in column (2) of paragraph 8(14) substitute—

The period beginning—

(a)in a case where regulation 5(3)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 (“the 2005 Regulations”) applies, 11 weeks before the first day of the expected week of confinement and ending 3 months after the actual date of confinement;

(b)in a case where regulation 5(3)(b) of the 2005 Regulations applies, with the date of confinement and ending 3 months after that date;

(c)in a case where regulation 5(3)(c) of the 2005 Regulations applies, with the date on which an order referred to in that sub-paragraph applies and ending 3 months after that date;

(d)in a case where regulation 5(3)(d) of those Regulations applies, with the date on which the guardianship referred to in that sub-paragraph takes effect and ending 3 months after that date;

(e)in a case where regulation 5(3)(e) of the 2005 Regulations applies, with the date on which the child is placed by virtue of the order referred to in that sub-paragraph and ending 3 months after that date;

(f)in a case where regulation 5(3)(f) of the 2005 Regulations applies, with the date on which the adoption—

(i)i)takes effect in respect of an adoption falling within Article 39(1)(cc) of the Adoption (Northern Ireland) Order 1987(15) (meaning of adoption in Part V), or

(ii)is recognised under Article 39(1)(d) of that Order,

and ending 3 months after that date.; and

(b)in the definition of—

(i)“actual date of confinement” for “issue” in both places where it occurs, substitute “birth”, and

(ii)“confinement”—

(aa)for “issue” in both places where it occurs, substitute “birth”; and

(bb)for “28” substitute “24”.

Revocations

4.  The following Regulations are revoked—

(a)regulation 3 of the Social Security (Social Fund and Claims and Payments) (Miscellaneous Amendments) Regulations (Northern Ireland) 1997(16); and

(b)regulation 34(3) of the Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008(17).

Sealed with the Official Seal of the Department for Social Development on 18th November 2010

(L.S.)

Anne Mc Cleary

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 to add to those eligible for a Sure Start Maternity Grant: people awarded residence orders; (adoption orders and parental orders are already included in the legislation); orders freeing a child for adoption to prospective adopters with whom a child is placed; those adopting under certain orders granted outside the United Kingdom, the Channel Islands or the Isle of Man; guardians, and a parent (not the mother) who has responsibility for the child concerned where the parents are not partners when a Sure Start Maternity Grant is claimed.

The Regulations also recast the provision against double payment to reflect these changes.

These Regulations also make consequential and other amendments to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 in relation to the prescribed time for claiming a Sure Start Maternity Grant. The definitions of “actual confinement” and “confinement” are updated and the reference to “28 weeks” is amended to “24 weeks” for consistency with other legislation.

Regulation 4 makes consequential revocations.

These Regulations make in relation to Northern Ireland only provision corresponding to provision 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, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

(1)

1992 c. 7; section 134(1) was substituted by Article 66(1) of the Social Security (Northern Ireland) Order 1998 (S.I. 1998 /1506 (N.I. 10)), section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

(2)

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)

(3)

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

(5)

S.R. 2005 No. 506; relevant amending Regulation is S.R. 2008 No. 286

(8)

1990 c. 37; section 30 has been repealed (with transitional savings provisions) by the Human Fertilisation and Embryology Act 2008

(10)

Regulation 5 was amended by regulation 34(3) of S.R. 2008 No. 286

(12)

Article 39 was amended by section 4(1) of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001

(13)

S.R. 1987 No. 465; relevant amending Regulations are S.R. 1997 No. 155 and S.I. 2010/986

(14)

Paragraph 8 was substituted by regulation 3 of S.R. 1997 No. 155 and amended by paragraph 3 of the Schedule to S.I. 2010/986