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The State Pension Credit (Decisions and Appeals – Amendments) Regulations (Northern Ireland) 2003

S.R. 2003/312 · Made 18 June 2003 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 21 December 2004.

HOUSING; RATES; SOCIAL SECURITY

Made 18th June 2003

Coming into operation 19th June 2003

The Department for Social Development, in exercise of the powers conferred on it by Article 74(1) of, and paragraph 9 of Schedule 2 to, the Social Security (Northern Ireland) Order 1998f1, and now vested in itf2, and paragraphs 6(4)(b) and 20(1)(b) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000f3, and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnelf4 in so far as regulation 3 is concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of that regulation should not be referred to itf5, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1998/1506 (N.I. 10)

f2

See Article 8(b) of S.R. 1999 No. 481

f3

2000; c. 4 (N.I.)

f4

See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481

f5

See section150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
  3. 3Amendment of the Housing Benefit (Decisions and Appeals) Regulations
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the State Pension Credit (Decisions and Appeals – Amendments) Regulations (Northern Ireland) 2003 and shall come into operation on 19th June 2003.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of the Social Security and Child Support (Decisions and Appeals) RegulationsI1

In paragraph 5 of Schedule 1 to the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999f1 (decisions against which no appeal lies: claims and payments) –

F1(a)

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

(b)

after sub-paragraph (k), there shall be inserted the following sub-paragraph –

“(kk)

regulation 26Bf2 (as to the time and manner of payment of state pension credit);”.

3Amendment of the Housing Benefit (Decisions and Appeals) RegulationsI1

In the Schedule to the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001f1 (decisions against which no appeal lies), after paragraph 4 there shall be added the following paragraph –

“5.

No appeal shall lie against the calculation or estimation of the claimant's, or the claimant’s partner’s income or capital used by a relevant authority in accordance with regulation 23(1) of the Housing Benefit Regulationsf2 (calculation of claimant’s income in savings credit only cases), as modified by the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003f3.”.

Signature

Sealed with the Official Seal of the Department for Social Development on 18th June 2003.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulation 3 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 18th June 2003.

L.S.

Jack Layberry

Senior Officer of the

Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend –

  • the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 to provide that certain administrative decisions relating to claims for, and payment of, state pension credit, do not attract a right of appeal (regulation 2);

  • the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 to provide that no appeal lies against calculations and estimates of the income and capital of a claimant for housing benefit or his partner, where that claimant or his partner has been awarded state pension credit comprising only the savings credit (regulation 3).

In so far as these Regulations are required, for the purposes of regulation 3, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of the Act. Otherwise they 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 1992 Act, 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.