The Social Security (Claims and Payments and Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2002

Made: 23rd October 2002

Coming into operation in accordance with regulation 1(1)

The Department for Social Development, in exercise of the powers conferred by sections 134(2) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00001] and sections 5(1)(a) and (q) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992[^f00002], and now vested in it[^f00003], and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Social Security (Claims and Payments and Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2002 and shall come into operation on 2nd November 2002 except for regulations 2(2) and 4 which shall come into operation on 1st April 2003.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00004] shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Social Security (Claims and Payments) Regulations

2

• (1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00005] shall be amended in accordance with paragraphs (2) and (3).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Regulation 35[^f00009] (payment to a partner as alternative payee) shall be renumbered paragraph (1) of regulation 35 and after that paragraph there shall be added the following paragraph –

(2) Where a person is entitled to a winter fuel payment within the meaning of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000[^f00010] and – (a) that person is one of a married or unmarried couple or a member of a polygamous marriage; (b) the other member of that couple or another member of that marriage (“the other person”) is in receipt of income support or an income-based jobseeker’s allowance; and (c) both members of the couple or marriage are living together within the meaning of regulation 1(3)(b) of those Regulations[^f00011] the Department may pay the winter fuel payment to the other person on behalf of the person entitled to the payment as an alternative to paying the person entitled notwithstanding that the other person has not yet attained the age of 60 in the qualifying week.

Amendment of the Social Fund Winter Fuel Payment Regulations

3

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

Transitional provision

4

Regulation 2(2) shall only have effect in respect of a person who is entitled to a bereavement payment because of the death of a spouse occurring on or after 1st April 2003.

Signed

Sealed with the Official Seal of the Department for Social Development on 23rd October 2002.

John O'Neill — Senior Officer of the — Department for Social Development

Explanatory note

(This note is not part of the Regulations.)

Regulation 2 of these Regulations amend the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 to –

• extend the period for claiming a bereavement payment from 3 to 12 months; and

• provide for a winter fuel payment out of the social fund to be paid, alternatively, to the partner of the person entitled despite the partner being aged under 60 where partner is in receipt of income support or an income-based jobseeker’s allowance.

Regulation 3 makes a consequential amendment to the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000.

Regulation 4 provides for the extended period for claiming a bereavement payment to apply only in respect of deaths occurring on or after 1st April 2003.

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.

Footnotes

[^f00001]: 1992 c. 7

[^f00002]: 1992 c. 8; section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

[^f00003]: See Article 8(b) of S.R. 1999 No. 481

[^f00004]: 1954 c. 33 (N.I.)

[^f00005]: S.R. 1987 No. 465; relevant amending regulations are S.R. 1997 Nos. 156 and 417, S.R. 1999 No. 365, S.R. 2001 Nos. 108 and 175 and S.R. 2002 No. 67

[^f00009]: Regulation 35 was amended by regulation 2(6) of S.R. 1999 No. 365

[^f00010]: S.R. 2000 No. 91

[^f00011]: Regulation 1(3) was amended by regulation 2(2)(a) of S.R. 2001 No. 373

Editorial notes

[^key-73506e8eb4ff2541b57f04eb7aaf2a2d]: Reg. 1 in operation at 2.11.2002, see reg. 1(1)

[^key-62ebec4a1fcd782f3b45a9130cfe8460]: Reg. 2(1)(3) in operation at 2.11.2002, see reg. 1(1)

[^key-46bbb8bb70d98352c01440dab86f21af]: Reg. 4 in operation at 1.4.2003, see reg. 1(1)

[^key-74b4b5539a22a08d40428169c655957f]: Reg. 2 modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pt. 2 (with regs. 1(2), 44)

[^key-98c3064813c4f8f1bd2e0d1fcf0f7d46]: Reg. 2(2)(a) revoked (11.4.2005) by The Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 2005 (S.R. 2005/139), regs. 1, 3, Sch.

[^key-7d505f0e10f4158ec98e06c893230fb0]: Reg. 3 revoked (16.9.2024) by The Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2024 (S.R. 2024/160), regs. 1(1), 7(1), Sch. 2