The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2003

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”), the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (“the Decisions and Appeals Regulations”), the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 (“the Housing Benefit Regulations”) and the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992 (“the Maintenance Assessment Procedure Regulations”).

Regulation 1 provides for the commencement of these Regulations and in particular, in relation to regulation 3(5) and (7), provides that any type of child support case which is not one in relation to which 3rd March 2003 is the appointed day for the coming into operation of section 9 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (“the 2000 Act”) shall come into operation on the day that section comes into operation in relation to that type of case.

Regulation 2 amends regulation 32(1) of the Claims and Payments Regulations to clarify the power of the Department for Social Development to require information from a beneficiary which might affect a continuing award of benefit or its payment, and a beneficiary’s duty to notify it of changes of circumstances which might affect a continuing award or its payment.

Regulation 3 amends the Decisions and Appeals Regulations to provide –

• the definition of “out of jurisdiction appeal” to include certain decisions in respect of housing benefit;

• a new ground for the supersession of a decision of an appeal tribunal or of a Social Security or Child Support Commissioner (“the Commissioner”) in a case where an appeal has been decided under –

  (a)

  Article 26(4)(b) of the Social Security (Northern Ireland) Order 1998 (“the 1998 Order”) and the decision is superseded in accordance with Article 26(5) of that Order, or

  (b)

  Article 28ZB(4)(b) of the Child Support (Northern Ireland) Order 1991 (“the 1991 Order”) and the decision is superseded in accordance with Article 28ZB(5) of that Order;

• a new effective date specifically for disability living allowance and attendance allowance where there is a change to relevant legislation so that the decision takes effect on the date the new legislation takes effect;

• a new effective date in a case where a “personal capability assessment” is conducted before the “own occupation test” expires so that the decision giving effect to the early assessment takes effect on the day immediately following the day on which the own occupation test no longer applies; and

• a new effective date where a decision is superseded in accordance with Article 26(5) of the 1998 Order or, as the case may be, Article 28ZB(5) of the 1991 Order to give effect to that decision on the date it would have taken effect if the appeal tribunal or the Commissioner had decided in accordance with the determination of the Commissioner or the court.

Regulation 4 makes amendments to the Housing Benefit Regulations corresponding to those made to the Decisions and Appeals Regulations by regulation 3(4)(a) and (b) and (7)(e).

Regulation 5 makes corresponding amendments to the Maintenance Assessment Procedure Regulations in relation to child support cases which continue to be dealt with under the 1991 Order prior to its amendment by the 2000 Act and the coming into operation of those provisions in any particular case.

Regulation 6 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.

These Regulations do not impose a charge on business.