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The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2006

Type Ni-Statutory-Rule
Publication 2006-03-31
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
Reform history JSON API PDF

Made: 31st March 2006

Coming into operation in accordance with regulation 1

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 5(1)(a) to (c), (j), (k), (n) and (q), 5A(1) and (6)(c), 71(1)(b), 105A(1A), (1B), (1D) and (1E), 106(1A) to (1D) and 165(1) and (4) to (6) of the Social Security Administration (Northern Ireland) Act 1992[^f00001] and Articles 10(4), 11(3) and (6) and 74(1) and (3) of the Social Security (Northern Ireland) Order 1998[^f00002] and now vested in it[^f00003].

Citation and commencement

1

These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2006 and shall come into operation for the purposes of—

Amendment of the Social Security (Claims and Payments) Regulations

2

or (d) who has not attained the qualifying age and makes a claim for disability living allowance or carer’s allowance.

(6A) A claim for state pension credit may be made by telephone call to the telephone number specified by the Department. (6B) Where the Department, in any particular case, directs that the person making the claim approves a written statement of his circumstances, provided for the purpose by the Department, a claim made by telephone is not a valid claim unless the person complies with the direction. (6C) A claim made by telephone in accordance with paragraph (6A) is defective unless the Department is provided, during that telephone call, with all the information it requires to determine the claim. (6D) Where a claim made by telephone in accordance with paragraph (6A) is defective, the Department shall provide the person making it with an opportunity to correct the defect. (6E) If the person corrects the defect within one month, or such longer period as the Department considers reasonable, of the date it last drew attention to the defect, the Department shall treat the claim as if it had been duly made in the first instance.

; and

(1B) Subject to paragraph (1C) and without prejudice to the generality of paragraph (1), where a properly completed claim for incapacity benefit is received in an appropriate office within one month of the claimant first notifying such an office, by whatever means, of his intention to make that claim, the date of claim shall be the date on which that notification is made or the first day in respect of which the claim is made if later. (1C) For the purposes of paragraph (1B), a person who has attained the qualifying age may notify his intention and may send or deliver his claim to an office specified in regulation 4(6B).

(c) in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001[^f00015] the contributions are treated as paid on a date earlier than the date on which they were paid; and

; and

(33) Where a person makes a claim for a carer’s allowance within 3 months of a decision made— (a) on a claim; (b) on a revision or supersession; or (c) on appeal whether by an appeal tribunal, a Commissioner or the court, awarding a qualifying benefit to the disabled person the date of claim is the first day in respect of which that qualifying benefit is payable.

(d) without prejudice to sub-paragraphs (a) and (b), where a properly completed claim for incapacity benefit is received in an appropriate office within one month of the claimant first notifying such an office, by whatever means, of his intention to make that claim, the date of claim shall be the date on which that notification is made or the first day in respect of which the claim is made if later.

; and

(20) Subject to regulations 21 to 26B, benefit shall be paid in accordance with an award as soon as is reasonably practicable after the award has been made.

shall be omitted.

(46) (1) Instruments of payment issued by the Department shall remain its property. (2) Any person having an instrument of payment shall, on ceasing to be entitled to the benefit to which the instrument relates, or when so required by the Department, deliver it to the Department or such other person as it may direct.

Time of payment and commencement of entitlement in income support cases (1) Except as otherwise provided in these Regulations income support shall be paid in arrears in accordance with the award.

Amendment of the Jobseeker’s Allowance Regulations

3

In regulation 24(7) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00027] (provision of information and evidence) for “in writing (unless the Department determines in any particular case to accept notice given otherwise than in writing) to the appropriate office” there shall be substituted “of the change—

to an office of the Department specified by it“.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

4

(7F) A decision under regulation 17(1)(d) of the Income Support Regulations that a person is no longer entitled to a disability premium because of a determination that he is not incapable of work may be revised where the decision which embodies that determination is revised or his appeal against the decision is successful.

(c) in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001 the contributions are treated as paid on a date earlier than the date on which they were paid; and

(iv) in the case of a disability benefit decision, where the change of circumstances is not in relation to the disability determination embodied in or necessary to the disability benefit decision, from the date of change; or (v) in any other case, except in the case of a decision which supersedes a disability benefit decision, from the date of the change.

; and

(7) A decision which is superseded in accordance with regulation 6(2)(e) or (ee) shall be superseded— (a) subject to sub-paragraph (b), from the date on which entitlement arises to the other relevant benefit referred to in regulation 6(2)(e)(ii) or (ee) or to an increase in the rate of that other relevant benefit; or (b) where the claimant or his partner is not a severely disabled person for the purposes of section 131(5) of the Contributions and Benefits Act or section 2(7) of the State Pension Credit Act at the date the superseded decision would, but for this sub-paragraph, have had effect, by virtue of his having— (i) a non-dependant as defined by regulation 3 of the Income Support Regulations; or (ii) a person residing with him for the purposes of paragraph 1 of Schedule 1 to the State Pension Credit Regulations whose presence may not be ignored in accordance with paragraph 2 of that Schedule, from the date on which the claimant or his partner ceased to have a non-dependant or person residing with him or from the date on which the presence of that person was first ignored.

(7) Where an amount of state pension credit payable under an award is changed by a superseding decision specified in paragraph 8 the superseding decision shall take effect from the day specified in paragraph 1(b). (8) The following are superseding decisions for the purposes of paragraph 7— (a) a decision which supersedes a decision specified in regulation 6(2)(b) to (ee) and (l); and (b) a superseding decision which would, but for paragraphs 2 and 7, take effect from a date specified in regulation 7(5) to (7), (12) to (16) and (28C).

Amendment of the Social Security (Notification of Change of Circumstances) Regulations

5

In regulation 3(1) of the Social Security (Notification of Change of Circumstances) Regulations (Northern Ireland) 2001[^f00035] (changes affecting jobseeker’s allowance)—

(attendance)— (a) in writing or by telephone (unless the Department determines in any particular case that notice must be in writing or may be given otherwise than in writing or by telephone); or (b) in writing if in any class of case it requires written notice (unless it determines in any particular case to accept notice given otherwise than in writing)

Amendment of the Social Security (Hospital In-Patients) Regulations

6

In regulation 1(1)(d) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005[^f00036] (citation, commencement and interpretation) for head (ii) there shall be substituted the following heads—

(ii) in so far as it relates to a particular beneficiary, other than a beneficiary in receipt of incapacity benefit or severe disablement allowance, to whom the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975[^f00037] apply, on 10th April 2006 if it is his day for payment or, if not, on his day for payment next following 10th April 2006, and for the purposes of this sub-paragraph “day for payment” has the same meaning as in regulation 22(3) of, and Schedule 6 to, the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00038], and (iii) otherwise, on 10th April 2006.

Revocations

7

The provisions specified in column (1) of the Schedule are revoked to the extent mentioned in column (3).

SCHEDULE — Revocations

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