2002 No. 323

SOCIAL SECURITY

The Social Security (Carer’s Allowance) (Amendment) Regulations (Northern Ireland) 2002

Made21st October 2002

Coming into operation in accordance with regulation 1(1)

The Department for Social Development, in exercise of the powers conferred by paragraph 4(1)(b) and (c) and (2) of Schedule 1 to the Child Support (Northern Ireland) Order 19911, sections 22(5), 70, 79(2), 90, 113, 122(1)(d), 123(1)(e), 131(1), 132(3) and (4)(b), 134(2), 171(1) and (4) of, and paragraph 2(8) of Schedule 3 to, the Social Security Contributions and Benefits (Northern Ireland) Act 19922, sections 2A, 5(1), 5A, 71, 74(2), 102(1) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 19923, section 5 of, and paragraph 12 of Schedule 3 to, the Social Security (Consequential Provisions) (Northern Ireland) Act 19924, Articles 4 and 19(1) of the Child Support (Northern Ireland) Order 19955, Articles 28(1) and 39(1) and (2) of the Jobseekers (Northern Ireland) Order 19956, Articles 69 and 73(3), (4) and (6) of the Welfare Reform and Pensions (Northern Ireland) Order 19997 and section 115(3) and (4) of the Immigration and Asylum Act 19998, and now vested in it9, and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel insofar as its consent is required in respect of paragraph 1(h) of the Schedule10 hereby makes the following Regulations:

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Social Security (Carer’s Allowance) (Amendment) Regulations (Northern Ireland) 2002 and shall come into operation –

(a)

except for the purposes of regulation 3, on 28th October 2002; and

(b)

for the purposes of regulation 3, on 1st April 2003.

(2)

In these Regulations “the Invalid Care Allowance Regulations” means the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 197611.

(3)

The Interpretation Act (Northern Ireland) 195412 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Invalid Care Allowance Regulations2.

In regulation 10A(c) of the Invalid Care Allowance Regulations13 (women aged 65 before 28th October 1994) “and (5)” shall be omitted.

Amendments consequential upon change of name of benefit3.

The Schedule (which substitutes, and makes related provision for, references to invalid care allowance) shall have effect.

Revocations4.

The following regulations are hereby revoked –

(a)

regulations 10 and 11 of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976;

(b)

regulation 5(3), (4), (6) and (7) of the Social Security (Severe Disablement Allowance and Invalid Care Allowance) (Amendment) Regulations (Northern Ireland) 199414; and

(c)

regulation 2(9) and (10) of the Social Security (Invalid Care Allowance) (Amendment) Regulations (Northern Ireland) 199615.

Sealed with the Official Seal of the Department for Social Development on 21st October 2002.

John O'Neill

Senior Officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to paragraph 1(h) of the Schedule to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 22nd October 2002.

David Thomson

Senior Officer of the

Department of Finance and Personnel

SCHEDULESUBSTITUTION OF REFERENCES TO INVALID CARE ALLOWANCE AND RELATED PROVISION

Regulation 3

1.

In each of the following provisions for “invalid care allowance” in each place where those words occur, there shall be substituted “carer’s allowance” preceded, where appropriate, by “a” instead of “an” –

(a)

regulation 7A(1) of the Social Security (Credits) Regulations (Northern Ireland) 197516;

(b)

regulations 2A, 3(1), 6, 7, 8(1), 9(1), 10A, 11A(b) and 11B of, and Schedule 1 to, the Invalid Care Allowance Regulations17;

(c)

regulations 1(3) and 12(2) of, and Schedule 2 to, the Social Security Benefit (Dependency) Regulations (Northern Ireland) 197718;

(d)

regulation 12 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 197819;

(e)

regulations 4(2)(d) and 12 of, and Schedule 1 to, the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 197920;

(f)

regulation 17(1)(f) of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 197921;

(g)

regulation 57(1)(b)(iv) of, and paragraph 4(b) of Schedule 1B and paragraphs 7(2), 13(2), 13(3ZA), 13(3A)(b), 14ZA and 15(5) of Schedule 2 and paragraph 6A(1) of Schedule 8 to, the Income Support (General) Regulations (Northern Ireland) 198722;

F1(h)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)

regulations 2 and 4A(2)(d) of, and Part I of Schedule 1 and paragraph 4 of Schedule 6 to, the Social Security (Claims and Payments) Regulations (Northern Ireland) 198724;

(j)

regulation 2(l) and (u) of the Social Fund (Recovery by Deductions from Benefits) Regulations (Northern Ireland) 198825;

(k)

regulation 2(1)(e) of the Income Support (Liable Relatives) Regulations (Northern Ireland) 199026;

F2(l)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m)

regulation 1B(2)(a) of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 199428;

(n)

regulations 46(1)(a) and (d), 48(2)(a) and (3), 51(3)(c)(iii), 121(1)(b)(iv), 150(2) and 153(c) of, and paragraph 3(b) of Schedule A1, paragraphs 8(2), 15(1)(c) and (d), (5)(b) and (7), 17, 20(6), 20D(2), 20I(1)(d) and (4)(b), 20J and 20M(4) of Schedule 1 and paragraph 7 of Schedule 5 to, the Jobseeker’s Allowance Regulations (Northern Ireland) 199629;

(o)

regulation 4(1)(c) of the Social Security (Back to Work Bonus) (No. 2) Regulations (Northern Ireland) 199630;

(p)

regulations 7(a)(i), 10(3) and 13(3) of, and Schedule 3 to, the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 199631;

(q)

regulation 3 of the Social Security (Invalid Care Allowance) (Amendment) Regulations (Northern Ireland) 199632;

(r)

regulation 4(3)(d) of the Social Security (Child Maintenance Bonus) Regulations (Northern Ireland) 199633;

(s)

regulations 2(2) and (4)(b) and 11(8) of, and Part II of the Schedule to, the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 200034;

(t)

regulation 4(1)(a)(vi) of the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 200135;

(u)

regulation 13(2)(e) of the Social Security (Claims and Information) Regulations (Northern Ireland) 200136; and

(v)

regulation 5(4)(b) of the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 200137.

2.

In –

(a)

regulations 6(17), (22) and (29) and 19(3)(d) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 198738; and

(b)

regulation 3(2)(a) and (5) of the Jobseeker’s Allowance (Transitional Provisions) (No. 2) Regulations (Northern Ireland) 199639,

after “invalid care allowance”, in each place where those words occur, there shall be inserted “or, as the case may be, carer’s allowance”.

(This note is not part of the Regulations.)

These Regulations amend the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 (“the Invalid Care Allowance Regulations”) and other Regulations as a consequence of changes made to section 70 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 by the Deregulation (Carer’s Allowance) Order (Northern Ireland) 2002.

Regulation 2 amends regulation 10A of the Invalid Care Allowance Regulations to omit the reference to section 70(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

Regulation 3 and the Schedule to these Regulations makes changes as a consequence of the change of the name from invalid care allowance to carer’s allowance.

Regulation 4 makes consequential revocations.

These Regulations correspond 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.

These Regulations do not impose a charge on business.