The Social Fund Maternity and Funeral Expenses (General) and Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2023

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) and Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2023 and shall come into operation on 8^th June 2023.

(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Social Security (Claims and Payments) Regulations

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

(2) In regulation 19 (time for claiming benefit), after paragraph (7), insert—

“(7A) Where—

(a) a claim for a social fund payment in respect of maternity expenses (a “relevant social fund payment”) is made by a person to whom paragraph (7B) or (7C) applies; and

(b) both of the conditions in paragraph (7D) are met,

sub-paragraphs (a) to (f) of the entry in column (2) of Schedule 4 relating to the relevant social fund payment each have effect as if at the end there were added “or, if later, 8th December 2023”.

(7B) This paragraph applies to a person who—

(a) is granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971(3) (“the 1971 Act”) where such leave is granted by virtue of—

(i) Appendix Afghan Relocations and Assistance Policy of those rules(4); or

(ii) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme)(5); or

(b) does not come within sub-paragraph (a) and who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021.

(7C) This paragraph applies to a person who was residing in Ukraine immediately before 1st January 2022, who left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and who—

(a) has a right of abode in the United Kingdom within the meaning given in section 2 of the 1971 Act(6);

(b) has been granted leave in accordance with immigration rules made under section 3(2) of the 1971 Act;

(c) has been granted, or is deemed to have been granted, leave outside those rules; or

(d) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of the 1971 Act(7).

(7D) The conditions for the purposes of paragraph (7A)(b) are that—

(a) at the date of the claim for a relevant social fund payment, there is an existing member of the family (within the meaning given in regulation 5A of the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005); and

(b) that existing member of the family is under the age of 16 on that date.”

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

3.—(1) The Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005(8) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 5 (entitlement to Sure Start Maternity Grant)—

(a) omit paragraph (4);

(b) in paragraph (5), for “fourth” substitute “third”;

(c) in paragraph (6), for “fifth” substitute “fourth”.

(3) At the end of regulation 5A (entitlement to Sure Start Maternity Grant where another member of the claimant’s family is under the age of 16)(9) insert—

“(8) A Sure Start Maternity Grant shall be awarded if—

(a) at the date of claim, any existing member of the family is under the age of 16;

(b) the claimant is a person to whom paragraph (9) or (10) applies;

(c) no Sure Start Maternity Grant has been awarded to the claimant—

(i) where the claimant is a person to whom paragraph (9) applies, on or after 15th August 2021;

(ii) where the claimant is a person to whom paragraph (10) applies, on or after 24th February 2022; and

(d) the other conditions for entitlement to the grant are satisfied.

(9) This paragraph applies where the claimant is—

(a) a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971 (“the 1971 Act”) by virtue of—

(i) Appendix Afghan Relocations and Assistance Policy of those rules; or

(ii) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme); or

(b) a person in Northern Ireland not coming within sub-paragraph (a) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021.

(10) This paragraph applies where the claimant is a person who was residing in Ukraine immediately before 1st January 2022, who left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and who —

(a) has a right of abode in the United Kingdom within the meaning given in section 2 of the 1971 Act;

(b) has been granted leave in accordance with immigration rules made under section 3(2) of the 1971 Act;

(c) has been granted, or is deemed to have been granted, leave outside those rules; or

(d) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of the 1971 Act.”.

Sealed with the Official Seal of the Department for Communities on 26th May 2023.

(L.S.)

David Tarr

A senior officer of the Department for Communities