The Social Security (Claims and Payments and Adjudication) (Amendment) Regulations (Northern Ireland) 1997
S.R. 1997/417 · Made 16 September 1997 · Extends to Northern Ireland
SOCIAL SECURITY
Made 16th September 1997
Coming into operation 13th October 1997
The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 5(1)(a) and (b), 25(1), 59(1) and 165(1) and (3) to (5) of the Social Security Administration (Northern Ireland) Act 1992f1 and of all other powers enabling it in that behalf, hereby makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and interpretation
- 2Amendment of the Social Security (Claims and Payments) Regulations
- 3Amendment of the Social Security (Adjudication) Regulations Repealed
- 4Transitional provision Repealed
- Signature
- Explanatory note
1Citation, commencement and interpretationI1
These Regulations may be cited as the Social Security (Claims and Payments and Adjudication) (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 13th October 1997.
The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to a Measure of the Assembly.
2Amendment of the Social Security (Claims and Payments) RegulationsI1
The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987f1 shall be amended in accordance with paragraphs (2) and (3).
In regulation 6 (date of claim) after paragraph (28)f2 there shall be added the following paragraph—
“(29)
In the case of a claim for an increase of severe disablement allowance or of invalid care allowance in respect of a child or adult dependant, paragraphs (16) and (21) shall apply to the claim as if it were a claim for severe disablement allowance or, as the case may be, invalid care allowance.”.
In regulation 19(7)f3 (time for claiming benefit)—
at the end of sub-paragraph (f) “or” shall be omitted; and
after sub-paragraph (g) there shall be added “or” and the following sub-paragraph—
“(h)
in the case of a claim for disability working allowance, the claimant had previously been entitled to income support, jobseeker’s allowance, incapacity benefit or severe disablement allowance (“the previous benefit”), and the claim for disability working allowance was made within one month of expiry of entitlement to the previous benefit.”.
3Amendment of the Social Security (Adjudication) RegulationsF1
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4Transitional provisionF1
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Signature
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
L.S.
John O'Neill
Assistant Secretary
16th September 1997.
Explanatory note
(This note is not part of the Regulations.)
These Regulations further amend the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 and the Social Security (Adjudication) Regulations (Northern Ireland) 1995 in the following respects—
to specify the circumstances in which a claim for an increase of severe disablement allowance or invalid care allowance for a dependant is treated as made on an earlier date (regulation 2(2));
to specify the circumstances in which the time for claiming disability working allowance may be extended (regulation 2(3));
to alter the period over which reviews are backdated in certain cases in respect of claims for attendance allowance and disability living allowance and income support and jobseeker’s allowance (regulation 3).
Regulation 4 makes transitional provision for backdating reviews of attendance allowance and disability living allowance in certain cases.
These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security 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.