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The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations (Northern Ireland) 2005

Type Ni-Statutory-Rule
Publication 2005-02-16
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
Reform history JSON API PDF

Made: 16th February 2005

Coming into operation: 18th March 2005

The Department for Social Development, in exercise of the powers conferred by Article 22(4), (5) and (6) of the Child Support (Northern Ireland) Order 1991[^f00001], sections 122(1)(a), 123(1)(e) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00002], sections 5(1)(a), (g), (j), (n), (q) and (s), 5A(2), 69(5), (5A) and (8), 72(2), 165(1), (4) to (6) of the Social Security Administration (Northern Ireland) Act 1992[^f00003], Article 13(5)(a) and (b) of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997[^f00004], Articles 7(3), 10(1) and (6), 11(3) and (6), 13(2), (6) and (7), 15(3)(b) and (11), 16(1), 17(2), 28(1) and 74(1), (3) to (6) of, and paragraphs 1, 3, 4 and 6 of Schedule 4 to, the Social Security (Northern Ireland) Order 1998[^f00005], and now vested in it[^f00006], and paragraphs 3(1), 6(8), 10(1) and 20(1) and (3) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[^f00007] and of all other powers enabling it in that behalf, with the concurrence of the Lord Chancellor in so far as regulation 7(19) is concerned, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations (Northern Ireland) 2005 and shall come into operation on 18th March 2005.

Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations

2

Regulation 5 of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986[^f00008] (development of disease) shall be renumbered paragraph (1) of regulation 5 and after that paragraph there shall be added the following paragraph –

(2) Where a person claims benefit under Part V of the Contributions and Benefits Act and it is decided that he is not entitled on the basis of a finding that he was not suffering from a prescribed disease, the finding shall be conclusive for the purpose of a decision on a subsequent claim of that kind in respect of the same disease and the same person.

Amendment of the Income Support (General) Regulations

3

In paragraph 25 of Schedule 1B to the Income Support (General) Regulations (Northern Ireland) 1987[^f00009] (prescribed categories of person) for “prior to” there shall be substituted “beginning with the date on which that determination takes effect until”.

Amendment of the Housing Benefit (General) Regulations

4

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

Amendment of the Social Security (Claims and Payments) Regulations

5

(6CA) Paragraph (6C)(b) to (e) applies in respect of information, evidence and advice relating to any claim by a person to whom paragraph (6A) applies, whether the claim is made in accordance with paragraph (6B)(b) or otherwise.

(3A) A claim made in writing may also be made at an office designated by the Department for accepting claims for state pension credit.

(5) Where a claim is made in accordance with paragraph (4), the relevant authority or other specified person – (a) shall forward the claim to the Department as soon as reasonably practicable; (b) may receive information or evidence relating to the claim supplied by the person making, or who has made, the claim or another person, and shall forward it to the Department as soon as reasonably practicable; (c) may obtain information or evidence relating to the claim from the person who has made the claim and shall forward it to the Department as soon as reasonably practicable; (d) may record information or evidence relating to the claim supplied or obtained in accordance with sub-paragraph (b) or (c) and may hold the information or evidence (whether as supplied or obtained or as recorded) for the purpose of forwarding it to the Department; and (e) may give information and advice with respect to the claim to the person who makes, or has made, the claim.

; and

(5A) Paragraph (5)(b) to (e) applies in respect of information, evidence and advice relating to any claim for state pension credit, whether it is made in accordance with paragraph (4) or otherwise.

(f) state pension credit;

, and

(13C) (1) A person entitled to an award of disability living allowance or attendance allowance may make a further claim for disability living allowance or attendance allowance, as the case may be, during the period of 6 months immediately before the existing award expires.

(1A) Where a person has been appointed under regulation 71(3) of the Housing Benefit (General) Regulations (Northern Ireland) 1987 by a relevant authority within the meaning of those Regulations to act on behalf of another in relation to a benefit claim or award, the Department may, if that person agrees, treat him as if it had appointed him under paragraph (1).

; and

(bb) in relation to any such sum which the person entitled to it and the Department have arranged to be paid by means of direct credit transfer into a bank or other account, on the due date for payment of the sum;

; and

  • “child” means a person under the age of 16;

or (d) where the original term of hire is extended by an agreed variation of the agreement, the period of the extended term.

Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations

6

(i) any contribution-based jobseeker’s allowance within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995.

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

7

(7ZA) Where – (a) the Department makes a decision under Article 9 or 11 awarding income support or state pension credit to a claimant (“the original award”); (b) the claimant has a non-dependant within the meaning of regulation 3 of the Income Support Regulations or a person residing with him within the meaning of paragraph 1(1)(a)(ii), (b)(ii) or (c)(iii) of Schedule 1 to the State Pension Credit Regulations (“the non-dependant”); (c) but for the non-dependant – (i) a severe disability premium would be applicable to the claimant under regulation 17(1)(d) of the Income Support Regulations, or (ii) an additional amount would be applicable to the claimant as a severe disabled person under regulation 6(4) of the State Pension Credit Regulations; and (d) after the original award the non-dependant is awarded benefit which – (i) is for a period which includes the date from which the original award took effect, and (ii) is such that a severe disability premium becomes applicable to the claimant under paragraph 13(3)(a) of Schedule 2 to the Income Support Regulations or an additional amount for severe disability becomes applicable to him under paragraph 2(2)(a) of Schedule 1 to the State Pension Credit Regulations, the Department may revise the original award.

(7B) A decision under regulation 22A of the Income Support Regulations may be revised if the appeal is successful. (7C) Where a person’s entitlement to income support is terminated because of a determination that he is not incapable of work and he subsequently appeals the decision that embodies that determination and is entitled to income support under regulation 22A of the Income Support Regulations, the decision to terminate entitlement may be revised.

; and

, but if the applicant has requested a statement of the reasons in accordance with regulation 28(1)(b) the 13 month period shall be extended by – (i) where the statement is provided within one month of the notification, an additional 14 days, or (ii) where it is provided after the elapse of a period after the one month ends, the length of that period and an additional 14 days

(ee) is an original award within the meaning of regulation 3(7ZA) and sub-paragraphs (a) to (c) and (d)(ii) of regulation 3(7ZA) apply;

(m) is a decision by an appeal tribunal confirming a decision by the Department terminating a claimant’s entitlement to income support because he no longer falls within the category of person specified in paragraph 7 of Schedule 1B to the Income Support Regulations and a further appeal tribunal subsequently determines that he is incapable of work.

; and

(6A) Where – (a) there is a decision which is a relevant determination for the purposes of Article 27 and the Department makes a benefit decision of the kind specified in Article 27(1)(b); (b) there is an appeal against the determination; (c) after the benefit decision payment is suspended in accordance with regulation 16(1) and (3)(b)(ii); and (d) on appeal a court, within the meaning of Article 27, reverses the determination in whole or in part, a consequential decision by the Department under Article 11 which supersedes its earlier decision under sub-paragraph (a) shall take effect from the date on which the earlier decision took effect.

(33) A decision which supersedes a decision specified in regulation 6(2)(m) shall take effect from the effective date of the Department’s decision to terminate income support which was confirmed by the decision specified in regulation 6(2)(m).

(dd) it reverses a decision under Article 29(2) that an accident is not an industrial accident;

(4A) Where – (a) the decision notice is corrected in accordance with regulation 56; or (b) an application under regulation 57 for the decision to be set aside is refused for reasons other than a refusal to extend the time for making the application, the period specified in paragraph (4) shall run from the date on which notice of the correction or the refusal of the application for setting aside is sent to the applicant.

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