2021 No. 267
Social Security

The Social Security Benefits (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2021

Made
Coming into operation
The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 5(1)(j) and 165(1), (4) and (6) of the Social Security Administration (Northern Ireland) Act 19921, and now vested in it2.

Citation and commencement1.

(1)

These Regulations may be cited as the Social Security Benefits (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2021 and come into operation on 18th October 2021.

F1(2)

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

Amendment of the Social Security (Claims and Payments) Regulations2.

(1)

The Social Security (Claims and Payments) Regulations (Northern Ireland) 19873 are amended in accordance with paragraph (2).

(2)

After Regulation 21 (Direct credit transfer) insert—

“Payment of arrears of benefit by instalments21ZA.

(1)

Except where Regulation 23 (Child Benefit and Guardian’s Allowance) applies, the Department may pay arrears of benefit in instalments where—

(a)

the Department considers it is necessary for protecting the interests of the beneficiary; and

(b)

the beneficiary agrees that those arrears may be paid in instalments.”.

Annotations:
Commencement Information

I2Reg. 2 in operation at 18.10.2021, see reg. 1

Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations3.

(1)

The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 20164 are amended in accordance with paragraphs (2) to (5).

(2)

In Regulation 42 (Payment of universal credit), after paragraph (6), insert—

“(6A)

The Department may pay arrears of universal credit in instalments where—

(a)

the Department considers it is necessary for protecting the interests of the claimant or, in the case of joint claimants, either of the claimants; and

(b)

the claimant agrees, or in the case of joint claimants, both claimants agree, that those arrears must be paid in instalments. ”.

(3)

In Regulation 43 (Payment of personal independence payment), after paragraph (3), insert—

“(4)

The Department may pay arrears of personal independence payment in instalments where—

(a)

the department considers it is necessary for protecting the interests of the claimant; and

(b)

the claimant agrees that those arrears may be paid in instalments.”.

(4)

In Regulation 46 (Payment of an employment and support allowance), after paragraph 10, insert—

“(11)

The Department may pay arrears of employment and support allowance in instalments where—

(a)

the department considers it is necessary for protecting the interests of the claimant; and

(b)

the claimant agrees that those arrears may be paid in instalments.”.

(5)

In Regulation 47 (Payment of a jobseeker’s allowance), after paragraph 6, insert—

“(7)

The Department may pay arrears of jobseeker’s allowance in instalments where—

(a)

the department considers it is necessary for protecting the interests of the claimant; and

(b)

the claimant agrees that those arrears may be paid in instalments.”.

Annotations:
Commencement Information

I3Reg. 3 in operation at 18.10.2021, see reg. 1

Sealed with the Official Seal of the Department for Communities on 22nd September 2021

(L.S.)
Anne McCleary
A senior officer of the Department for Communities
EXPLANATORY NOTE
(This note is not part of the Regulations)

Regulations 2 and 3 of these Regulations amend respectively the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 465) and the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016 (S.R. 2016 No. 220) to allow the Department to pay benefit arrears in instalments where the Department considers it to be in the interest of the person entitled to the benefit and that person agrees, or as the case may be, those persons agree, to the payment of the arrears in that fashion.