The Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) (Amendment) Regulations (Northern Ireland) 2015

Statutory Rules of Northern Ireland

2015 No. 404

Social Security

The Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) (Amendment) Regulations (Northern Ireland) 2015

Made

7th December 2015

Coming into operation

28th December 2015

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 158C and 165(1) and (4) of the Social Security Administration (Northern Ireland) Act 1992(1) and now vested in it(2).

Citation and commencement

1.  These Regulations may be cited as the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) (Amendment) Regulations (Northern Ireland) 2015 and shall come into operation on 28th December 2015.

Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations

2.  In regulation 9(2A) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001(3) (application for the allocation of national insurance number), after “regulation 13” insert “or 13A”(4).

Sealed with the Official Seal of the Department for Social Development on 7th December 2015

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001 (“the Crediting and Treatment Regulations”) to disapply the requirement to apply for a National Insurance number in the case of a person in respect of whom the Department for Social Development or the Commissioners of Her Majesty’s Revenue and Customs are notified that a biometric immigration document is to be issued under regulation 13A of the Immigration (Biometric Registration) Regulations 2008 (S.I. 2008/3048 as amended by S.I. 2015/433) (“the 2008 Regulations”). Regulation 13A covers cases involving an application for entry clearance. There is already a similar disapplication for cases where a biometric immigration document is issued under regulation 13 of the 2008 Regulations.

Regulation 1 provides for citation and commencement.

Regulation 2 amends regulation 9(2A) of the Crediting and Treatment Regulations so as to insert a reference to regulation 13A of the 2008 Regulations.

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.

(1)

1992 c.8; section 158C was inserted by paragraph 6 of Schedule 1 to the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I.11)) and amended by paragraph 34 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

(2)

See Article 8(b) of S.R. 1999 No. 481

(3)

S.R. 2001 No. 102; regulation 9(2A) was inserted by regulation 5(b) of S.R. 2015 No. 34

(4)

Regulation 13A was inserted in S.I. 2008/3048 by regulation 12 of S.I. 2015/433