The Social Security (Payments on account, Overpayments and Recovery) (Amendment) Regulations (Northern Ireland) 2005

Statutory Rules of Northern Ireland

2005 No. 582

SOCIAL SECURITY

The Social Security (Payments on account, Overpayments and Recovery) (Amendment) Regulations (Northern Ireland) 2005

Made

21st December 2005

Coming into operation

19th January 2006

The Department for Social Development, in exercise of the powers conferred by sections 72(2) and 165(1) and (4) of the Social Security Administration (Northern Ireland) Act 1992(1), and now vested in it(2), and all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Social Security (Payments on account, Overpayments and Recovery) (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 19th January 2006.

Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations

2.  In regulation 8(1) of the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988(3) (duplication and prescribed payments) after sub-paragraph (i) there shall be added the following sub-paragraph—

“(j) any payment under the Financial Assistance Scheme Regulations 2005(4).”.

Sealed with the Official Seal of the Department for Social Development on 21st December 2005.

L.S.

John O'Neill

A senior officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations.)

Regulation 2 of these Regulations amends regulation 8 of the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988 to include payments made under the Financial Assistance Scheme Regulations 2005.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained 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. 8; section 72(2) was amended by paragraph 33 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and paragraph 11(b) of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and 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)

(2)

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

(3)

S.R. 1988 No. 142; relevant amending regulations are S.R 1992 No. 6, S.R. 2001 No. 108 and S.R. 2005 No. 46

(4)

S.I. 2005/1986, amended by S.I. 2005/3256