OpenLegislation

Article 11 Modification of the Social Security (Claims and Payments) RegulationsI1

Northern Ireland

The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 shall have effect in relation to any benefit mentioned in Article 2(b)(i) and (ii) as if—

(a)

in regulation 2(1) (interpretation)—

(i)

the definition of “adjudicating authority” were omitted, and

(ii)

in the definition of “claim for benefit” in paragraph (c) for “the review of an award or” in both places where it occurs there were substituted “a revision under Article 10 of the 1998 Order or supersession under Article 11 of that Order of”;

(b)

in regulation 13 (advance claims and awards)—

(i)

in paragraph (1) for “the adjudicating authority” and “that authority” there were substituted “the Department”, and

(ii)

in paragraph (2) for “An award under paragraph (1)(b) shall be reviewed by the adjudicating authority” there were substituted “A decision pursuant to paragraph (1)(b) to award benefit may be revised under Article 10 of the 1998 Order”;

(c)

in regulation 17(7) (duration of awards) “; and where those requirements are not satisfied the award shall be reviewed” were omitted;

(d)

in Part V (suspension and extinguishment)—

(i)

in the heading “Suspension and”, and

(ii)

regulations 36 to 36Bf1 (suspension and withholding of benefit),

were omitted;

(e)

in regulation 37(2A)f2 (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period)—

(i)

for “adjudicating authority” in both places where it occurs there were substituted “Department”,

(ii)

in sub-paragraph (a) for “the Department has” there were substituted “it”, and

(iii)

in sub-paragraph (c) “the Department has certified” and “that”, in each place where it occurs, were omitted and, in head (ii), for “it” there were substituted “the Department”;

(f)

in Schedule 8Af3 (deductions from benefits and direct payment to third parties)—

(i)

for “adjudicating authority” in each place where it occurs there were substituted “Department”, and

(ii)

in paragraph 6(4) for “reviewed” there were substituted “revised or superseded”; and

(g)

in Schedule 8Bf4 (deductions of mortgage interest from benefit and payment to qualifying lenders), in paragraph 3(1) (specified part of relevant benefit)—

(i)

for “adjudicating authority” there were substituted “Department”, and

(ii)

for “the Department” there were substituted “it”.

Annotations

Commencement

I1

Art. 11 in operation at 18.10.1999, see art. 3

Footnotes

f1

Regulations 36 to 36B were substituted for regulation 36 by regulation 7(9) of S.R. 1992 No. 83, regulation 36 was amended by regulation 3(8) of S.R. 1993 No. 375, regulation 2(17) of S.R. 1996 No. 354 and regulation 2(4) of S.R. 1996 No. 432, regulation 36A was substituted by regulation 2 of S.R. 1998 No. 241, regulations 36AA and 36AB were inserted by regulation 2(6) of S.R. 1994 No. 345 and regulation 36AA was amended by regulation 2(18) of S.R. 1996 No. 354 and regulation 2(5) of S.R. 1996 No. 432

f2

Paragraph (2A) was inserted by regulation 6(3) of S.R 1989 No. 398 and amended by regulation 3(10) of S.R. 1993 No. 375

f3

Schedule 8A was inserted by S.R. 1988 No. 67; relevant amending regulations are S.R. 1991 No. 488, S.R. 1993 Nos. 146 and 149 and S.R. 1996 Nos. 354 and 432

f4

Schedule 8B was inserted by S.R. 1992 No. 271 and paragraph 3(1) was substituted by S.R. 1995 No. 301 and amended by S.R. 1996 No. 354