The Social Security (Guardian’s Allowances) (Amendment) Regulations (Northern Ireland) 2002

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Social Security (Guardian’s Allowances) Regulations (Northern Ireland) 1975 in relation to the circumstances in which a person is to be treated as being in prison for the purposes of section 77(2)(c) of the Social Security Contributions and Benefits Act (Northern Ireland) 1992 by—

• reducing the minimum length of custodial sentence from five to two years; and

• including persons who are ordered by a court to be detained in a hospital under the Mental Health (Northern Ireland) Order 1986 or the Criminal Appeal (Northern Ireland) Act 1980 following conviction or following a verdict of not guilty by reason of insanity or a finding that the accused was under a disability.

The Regulations also make some minor consequential amendments.

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 (c. 8), 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 any charge on business.