The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (“the Claims and Payments Regulations”) and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”).

Regulation 2(2)(b) inserts paragraphs (2A) to (2C) into regulation 16 of the Claims and Payments Regulations to provide that where bereavement allowance, widowed mother’s allowance, widowed parent’s allowance and widow’s pension are paid in advance, and either the rate of the benefit changes or the award is terminated, that change or termination, if it would otherwise take effect on a day other than the first day of the benefit week, shall take effect on the first payday of the following benefit week.

Regulation 2(2)(d) adds bereavement allowance and widowed parent’s allowance to the list of benefits specified in regulation 16(4) of the Claims and Payments Regulations to exclude those benefits from the scope of paragraph (1) of that regulation which determines the date of entitlement of an award of benefit so that certain benefits are only payable from the next payday.

Regulation 2(4) inserts regulations 22A and 22B into the Claims and Payments Regulations and regulation 2(5)(b) amends regulation 24 of those Regulations to enable—

• bereavement allowance, widowed mother’s allowance, widowed parent’s allowance, widow’s pension, incapacity benefit, severe disablement allowance and maternity allowance to be paid weekly or fortnightly in arrears;

• a person’s payday to be determined in accordance with their national insurance number; and

• bereavement allowance, widowed mother’s allowance, widowed parent’s allowance and widow’s pension to be paid at a daily rate in certain circumstances.

Regulation 2(2)(a) and (c), (3), (5)(a), (c) and (d) and (6) makes consequential amendments to regulations 16, 22 and 24 of, and Schedule 6 to, the Claims and Payments Regulations.

Regulation 2(7) amends paragraph 2 of Schedule 7 to the Claims and Payments Regulations to provide that income support is only paid in advance if the claimant is also in receipt of widow’s benefit or bereavement benefit which is paid in advance.

Regulation 3 substitutes the definition of “benefit week” in the Jobseeker’s Allowance Regulations to enable a person’s payday to be determined in accordance with their national insurance number.

Regulation 4 makes consequential revocations.

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.