1 Citation and commencement
These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2008 and shall come into operation on 30th October 2008.
Reg. 1 in operation at 30.10.2008, see reg. 1

2 Amendment of the Social Security (Claims and Payments) Regulations
1 The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (5).
S.R. 1987 No. 465; relevant amending Regulations are S.R. 1992 No. 83, S.R. 1997 No. 156, S.R. 2000 No. 215, S.R. 2001 No. 176, S.R. 2002 Nos. 67 and 297, S.R. 2005 Nos. 14 and 299, S.R. 2006 No. 168 and S.R. 2007 No. 392
2 In regulation 3 (claims not required for entitlement to benefit in certain cases) for paragraph (da) substitute—

“(da) in the case of a bereavement payment where the beneficiary is in receipt of a retirement pension at the date of death of the beneficiary’s spouse or civil partner and satisfies the conditions of entitlement under section 36(1) of the Contributions and Benefits Act;
Section 36(1) was substituted by Article 51(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and amended by paragraph 70(2) of Schedule 24 to the Civil Partnership Act 2004 (c. 33)”

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Paragraph (da) was inserted by regulation 2(2)(b) of S.R. 2007 No. 392
3 In regulation 4 (making a claim for benefit)—
(a) in paragraph (1) for “paragraphs (10) and (11)” substitute “paragraphs (10) to (11B)”;
Paragraph (1) was amended by regulation 7(3) of S.R. 1992 No. 83, regulation 3(3)(a) of S.R. 1997 No. 156 and regulation 2(2)(a) of S.R. 2005 No. 14
(b) in paragraph (1A) at the beginning insert “Subject to paragraph (11A),”;
Paragraph (1A) was inserted by regulation 3(3)(b) of S.R. 1997 No. 156
(c) after paragraph (11) insert—

“11A A claim for income support or jobseeker’s allowance may be made by telephone call to the telephone number specified by the Department where such a claim falls within a category of case which the Department accepts for the purposes of making a telephone claim.
11B Paragraph (11A) shall apply unless in any particular case the Department directs that the claim must be made in writing.”

; and
Paragraphs (11) and (12) were added by regulation 2(2)(b) of S.R. 2005 No. 14 and paragraph (11) was amended by regulation 2(4)(b) of S.R. 2005 No. 299
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 2(3)(d) revoked (13.7.2009) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2009 (S.R. 2009/240), regs. 1, 4, Sch.
4 In regulation 6 (date of claim)—
(a) in paragraph (1)(c) for “regulation 4(11)” substitute “regulation 4(11) or (11A)”;
Paragraph (1) was amended by regulation 3(4)(a) of S.R. 1997 No. 156, paragraph 3 of Schedule 3 to S.R. 2001 No. 176 and regulation 2(4) of S.R. 2005 No. 14
(b) in paragraph (21)—
(i) after “the further claim” insert “for a relevant benefit”, and
(ii) for “on which the additional circumstances apply” substitute “of the decision to award, re-award, or recommence payment of the qualifying benefit on the grounds that sub-paragraph (a), (b), (c) or (d) was satisfied”;
Paragraph (21) was substituted by regulation 3(2)(a) of S.R. 2000 No. 215 and amended by regulation 2(2)(e) of S.R. 2002 No. 67 and regulation 2(3)(d) of S.R. 2007 No. 392
(c) in paragraph (33)—
(i) after “carer’s allowance” insert “or for an increase in carer’s allowance in respect of an adult or child dependant”, and
(ii) for “is the first day in respect of which that qualifying benefit is payable” substitute “shall be treated as the first day of the benefit week in which the award of the qualifying benefit became payable”; and
Paragraph (33) was added by regulation 2(7)(f) of S.R. 2006 No. 168 and amended by regulation 2(3)(g) of S.R. 2007 No. 392
(d) for paragraph (34) substitute—

“34 Where the decision awarding a qualifying benefit is made in respect of a renewal claim where a fixed period award of that benefit has expired, or is due to expire, the date of claim for carer’s allowance shall be treated as the first day of the benefit week in which the renewal award of the qualifying benefit became payable.”

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Paragraph (34) was added by regulation 2(3)(h) of S.R. 2007 No. 392
5 In regulation 22(1) (long term benefits) for “four weeks, or weekly in advance” substitute “four weeks in arrears, weekly in advance or, where the beneficiary agrees, at intervals not exceeding 13 weeks in arrears”.
Regulation 22(1) was substituted by regulation 2(3) of S.R. 2002 No. 297
Reg. 2 in operation at 30.10.2008, see reg. 1

3 Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
1 The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 are amended in accordance with paragraphs (2) to (4).
S.R. 1999 No. 162; relevant amending Rules are S.R. 1999 Nos. 267, 408 and 472 (C. 36), S.R. 2000 Nos. 3, 215 and 365, S.R. 2002 No. 80, S.R. 2003 Nos. 191 and 224, S.R. 2005 No. 46, S.R. 2006 Nos. 168 and 365 and S.R. 2008 Nos. 179 and 286
2 In regulation 3 (revision of decisions) after paragraph (8A) insert—

“8B A decision made under Article 9 or 11 (“the original decision”) may be revised at any time—
(a) where on or after the date of the original decision—
(i) a late paid contribution is treated as paid under regulation 5 of the Social Security (Crediting and Treatment of Contributions and National Insurance Numbers) Regulations (Northern Ireland) 2001 on a date which falls on or before the date on which the original decision was made,
S.R. 2001 No. 102; regulation 5 was amended by regulation 20(2) of S.I. 2002/2366 and is amended by regulation 28(4) of S.R. 2008 No. 286
(ii) a direction is given under regulation 6 of those Regulations that a late contribution shall be treated as paid on a date which falls on or before the date on which the original decision was made, or
Regulation 6 was amended by regulation 20(3) of S.I. 2002/2366
(iii) an unpaid contribution is treated as paid under regulation 60 of the Social Security (Contributions) Regulations 2001 on a date which falls on or before the date on which the original decision was made; and
S.I. 2001/1004; regulation 60 was amended by regulation 11 of S.I. 2002/2366
(b) where any of heads (i), (ii) or (iii) of sub-paragraph (a) apply, either an award of benefit would have been made or the amount of benefit awarded would have been different.”

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Paragraph (8A) was inserted by regulation 7(3) of S.R. 2002 No. 80
3 In regulation 6(2) (supersession of decisions)—
(a) in sub-paragraph (g) for “doctor” substitute “health care professional”; and
Sub-paragraph (g) was added by regulation 2(4) of S.R. 1999 No. 267
(b) after sub-paragraph (q) add—

“(r) is a decision where on or after the date on which the decision was made, a late or unpaid contribution is treated as paid under—
(i) regulation 5 of the Social Security (Crediting and Treatment of Contributions and National Insurance Numbers) Regulations (Northern Ireland) 2001 on a date which falls on or before the date on which the original decision was made,
(ii) regulation 6 of those Regulations on a date which falls on or before the date on which the original decision was made, or
(iii) regulation 60 of the Social Security (Contributions) Regulations 2001 on a date which falls on or before the date on which the original decision was made.”

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Sub-paragraph (q) was added by regulation 22(4)(a)(ii) of S.R. 2008 No. 286
4 In regulation 7 (date from which a decision superseded under Article 11 takes effect)—
(a) in paragraph (1)(a) after “(2)(b)” insert “, (bb)”;
Paragraph (1) was substituted by Article 17(a) of S.R. 1999 No. 472 (C. 36) and amended by regulation 18(a) of S.R. 2003 No. 191, regulation 3(6)(a) of S.R. 2003 No. 224 and regulation 22(5)(a) of S.R. 2008 No. 286
(b) in paragraph (2) for sub-paragraphs (bb) and (bc) substitute—

“(bb) where the decision is advantageous to the claimant and is made on the Department’s own initiative—
(i) except where head (ii) applies, from the beginning of the benefit week in which the Department commenced action with a view to supersession, or
(ii) in the case of a claimant who is in receipt of income support, jobseeker’s allowance or state pension credit where benefit is paid in advance and the Department commenced action with a view to supersession on a day which was not the first day of the benefit week, from the beginning of the benefit week following the week in which the Department commenced such action;
(bc) where—
(i) the claimant is a disabled person or a disabled person’s partner;
(ii) the decision is advantageous to the claimant; and
(iii) the decision is made in connection with the cessation of payment of a carer’s allowance relating to that disabled person,
the day after the last day for which carer’s allowance was paid to a person other than the claimant or the claimant’s partner;”

;
Paragraph (2) was amended by regulation 2(5) of S.R. 1999 No. 267, Article 17(b) of S.R. 1999 No. 472 (C. 36), regulation 6(5)(b) of S.R. 2000 No. 215, regulation 18(b) of S.R. 2003 No. 191, regulation 3(6)(b) of S.R. 2003 No. 224 and regulation 7(5)(a) of S.R. 2005 No. 46, regulation 4(4)(a) of S.R. 2006 No. 168, regulation 3(2) of S.R. 2006 No. 365, regulation 2(a) of S.R. 2008 No. 179 and regulation 22(5)(b) of S.R. 2008 No. 286
(c) omit paragraph (2A);
Paragraph (2A) was inserted by regulation 2(b) of S.R. 2008 No. 179
(d) after paragraph (8) insert—

“8A Where a decision is superseded in accordance with regulation 6(2)(r), the superseding decision shall take effect from the date on which the late or unpaid contribution is treated as paid.”

;
Paragraph (8) was substituted by regulation 3(4) of S.R. 1999 No. 408 and amended by regulation 4(c) of S.R. 2000 No. 365
(e) in paragraph (9)(b) and (c) for “first pay day (as specified in Schedule 6 to the Claims and Payments Regulations) after” substitute “date on which”; and
Paragraph (9) was substituted by regulation 2(2) of S.R. 2000 No. 3 and amended by regulation 3(6)(d) of S.R. 2003 No. 224
(f) in paragraph (30) omit “immediately following the day”.
Paragraph (30) was added by regulation 3(6)(e) of S.R. 2003 No. 224
Reg. 3 in operation at 30.10.2008, see reg. 1

4 Amendment of the Housing Benefit (Decisions and Appeals) Regulations
1 The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 are amended in accordance with paragraphs (2) and (3).
S.R. 2001 No. 213, to which there are amendments not relevant to these Regulations
2 In regulation 11 (cases where a relevant authority may suspend) after paragraph (2) insert—

“2A For the purposes of paragraph 13(3)(c) of Schedule 7 to the Act the prescribed circumstances are that a decision of an appeal tribunal, a Commissioner or a court has been made and the relevant authority—
(a) is waiting to receive that decision or, in the case of an appeal tribunal decision, is considering whether to apply for a statement of reasons for it, or has applied for such a statement and is waiting to receive it; or
(b) has received that decision or, in the case of an appeal tribunal decision, the statement of reasons for it, and is considering whether to apply for leave to appeal, or where leave to appeal has been granted, is considering whether to appeal,
and the relevant authority shall as soon as reasonably practicable give written notice of its intention to apply for a statement of the reasons for a tribunal decision, to apply for leave to appeal, or to appeal.”

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3 In regulation 21(death of a party to an appeal) after paragraph (3) add—

“4 For the purposes of this regulation “appeal” means an appeal to an appeal tribunal, a Commissioner or a court.”

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Reg. 4 in operation at 30.10.2008, see reg. 1

5 Amendment of the Housing Benefit Regulations
In regulation 77(11) of the Housing Benefit Regulations (Northern Ireland) 2006 (date on which change of circumstances is to take effect) for “liable to make payments in respect of” substitute “occupying”.
Reg. 5 in operation at 30.10.2008, see reg. 1
S.R. 2006 No. 405

6 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
In regulation 57(11) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (date on which change of circumstances is to take effect) for “liable to make payments in respect of” substitute “occupying”.
Reg. 6 in operation at 30.10.2008, see reg. 1
S.R. 2006 No. 406

7 Revocations
The Regulations specified in column (1) of the Schedule are revoked to the extent specified in column (3).
Reg. 7 in operation at 30.10.2008, see reg. 1
Sealed with the Official Seal of the Department for Social Development on 9th October 2008
(L.S.) John O’Neill A senior officer of the Department for Social Development