Regulation 7 ProcedureI1

Northern Ireland

(1)

Where before 31st December 2005 the Department thinks that a person is entitled to a payment under any of regulations 2 to 5, the Department shall make the payment before that date without a claim being required.

(2)

Where, by virtue of a decision made after the relevant week that section 115(9) of the Immigration and Asylum Act 1999 (exclusions) ceases to apply to a person, the Department thinks that the person is entitled to a payment, under any of regulations 2 to 5, the Department shall make the payment without a claim being required.

(3)

A person who is entitled to a payment under any of regulations 2 to 5 and who does not receive it before 31st December 2005, may claim the payment.

(4)

A claim under paragraph (3) must—

(a)

be in writing to the Department;

(b)

be received by the Department before 31st March 2006; and

(c)

specify—

(i)

the claimant’s name, address, date of birth and national insurance number (if he has one); and

(ii)

the date on which the claim is sent to the Department; and

(d)

include a declaration that the claimant was ordinarily resident in Northern Ireland on at least one day in the relevant week.

(5)

If the Department is satisfied that a person making a claim under paragraph (3) is entitled to a payment under any of regulations 2 to 5, the Department shall make the payment.

(6)

The provisions of Chapter II of Part II of the Social Security (Northern Ireland) Order 1998^f1 (Social Security Decisions and Appeals) shall apply to a decision of the Department about a person’s entitlement to a payment under regulations 2 to 5 (whether or not following a claim) as they apply to a decision of the Department under Article 9 of that Order.

Regulation 7 ProcedureI1

Annotations

Commencement

Footnotes