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The Social Security (National Insurance Number Information: Exemption) Regulations (Northern Ireland) 2009

S.R. 2009/90 · Made 10 March 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Housing; Rates; Social Security

Made 10th March 2009

Coming into operation 6th April 2009

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 1(1C)(a) and (c) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992f1 and now vested in itf2.

The Social Security Advisory Committee has agreed that proposals in respect of regulations 9 and 10 should not be referred to itf3.

Annotations to the whole text

Footnotes

f1

1992 c. 8; section 1(1C) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)). Section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

f2

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

f3

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Social Security (Invalid Care Allowance) Regulations
  3. 3Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations
  4. 4Amendment of the Social Security (Maternity Allowance) Regulations
  5. 5Amendment of the Income Support (General) Regulations
  6. 6Amendment of the Social Security (Incapacity Benefit) Regulations
  7. 7Amendment of the Jobseeker’s Allowance Regulations
  8. 8Amendment of the State Pension Credit Regulations
  9. 9Amendment of the Housing Benefit Regulations
  10. 10Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
  11. 11Amendment of the Employment and Support Allowance Regulations
  12. 12Revocation
  13. Signature
  14. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Social Security (National Insurance Number Information: Exemption) Regulations (Northern Ireland) 2009 and shall come into operation on 6th April 2009.

(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 (Invalid Care Allowance) Regulations

In regulation 2A of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976f1 (disapplication of section 1(1A) of the Administration Act), at the end of paragraph (c) add—

“(d)

to an adult dependant who—

(i)

is a person in respect of whom a claim for an increase of carer’s allowance is made,

(ii)

is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999f2, and

(iii)

has not previously been allocated a national insurance number.”.

3Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations

In regulation 1A of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979f1 (disapplication of section 1(1A) of the Administration Act for the purposes of retirement pension), at the end of paragraph (b) add—

“(c)

to an adult dependant who—

(i)

is a person in respect of whom a claim for an increase of retirement pension is made;

(ii)

is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999; and

(iii)

has not previously been allocated a national insurance number.”.

4Amendment of the Social Security (Maternity Allowance) Regulations

For regulation 1A of the Social Security (Maternity Allowance) Regulations (Northern Ireland) 1987f1 (disapplication of section 1(1A) of the Administration Act), substitute—

“1A.

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to an adult dependant who—

(a)

is a person in respect of whom a claim for an increase of maternity allowance is made;

(b)

is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999; and

(c)

has not previously been allocated a national insurance number.”.

5Amendment of the Income Support (General) Regulations

In regulation 2A of the Income Support (General) Regulations (Northern Ireland) 1987f1 (disapplication of section 1(1A) of the Administration Act), at the end of paragraph (b) add—

“(c)

to a person who—

(i)

is a person in respect of whom a claim for income support is made,

(ii)

is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act,

(iii)

is not entitled to income support for the purposes of section 123 of the Contributions and Benefits Actf2, and

(iv)

has not previously been allocated a national insurance number.”.

6Amendment of the Social Security (Incapacity Benefit) Regulations

In regulation 1A of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994f1 (disapplication of section 1(1A) of the Administration Act), at the end of paragraph (b) add—

“(c)

to an adult dependant who—

(i)

is a person in respect of whom a claim for an increase of incapacity benefit is made;

(ii)

is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999, and

(iii)

has not previously been allocated a national insurance number.”.

7Amendment of the Jobseeker’s Allowance Regulations

In regulation 2A of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 (disapplication of section 1(1A) of the Administration Act), at the end of paragraph (b) add—

“(c)

to a person who—

(i)

is a person in respect of whom a claim for jobseeker’s allowance is made;

(ii)

is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

(iii)

is not entitled to a jobseeker’s allowance for the purposes of Article 3 of the Orderf2, and

(iv)

has not previously been allocated a national insurance number.”.

8Amendment of the State Pension Credit Regulations

After regulation 1 of the State Pension Credit Regulations (Northern Ireland) 2003f1 (citation, commencement and interpretation), insert—

“Disapplication of section 1(1A) of the Administration Act

1A.

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to a person who—

(a)

is a person in respect of whom a claim for state pension credit is made;

(b)

is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999;

(c)

does not satisfy the conditions of entitlement to state pension credit specified in section 1(2) of the Act, and

(d)

has not previously been allocated a national insurance number.”.

9Amendment of the Housing Benefit Regulations

In regulation 4 of the Housing Benefit Regulations (Northern Ireland) 2006f1 (cases in which section 1(1A) of the Administration Act is disapplied)—

(a)

at the end of paragraph (a) omit “or”;

(b)

at the end of paragraph (b) add “; or” and the following paragraph—

“(c)

to a person who—

(i)

is a person in respect of whom a claim for housing benefit is made;

(ii)

is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

(iii)

is a person from abroad for the purposes of these Regulations as defined in regulation 10(2), and

(iv)

has not previously been allocated a national insurance number.”.

10Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

In regulation 4 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006f1 (cases in which section 1(1A) of the Administration Act is disapplied)—

(a)

at the end of paragraph (a) omit “or”;

(b)

at the end of paragraph (b) add “; or” and the following paragraph—

“(c)

to a person who—

(i)

is a person in respect of whom a claim for housing benefit is made;

(ii)

is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999;

(iii)

is a person from abroad for the purposes of these Regulations as defined in regulation 10(2), and

(iv)

has not previously been allocated a national insurance number.”.

11Amendment of the Employment and Support Allowance Regulations

After regulation 2 of the Employment and Support Allowance Regulations (Northern Ireland) 2008f1 (interpretation), insert—

“Disapplication of section 1(1A) of the Administration Act

2A.

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to a person who—

(a)

is a person in respect of whom a claim for employment and support allowance is made;

(b)

is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

(c)

does not satisfy the basic conditions of entitlement in relation to an income-related employment and support allowance for the purposes of section 1(3) of the Act; and

(d)

has not previously been allocated a national insurance number.”.

12Revocation

Regulation 6 of the Social Security (National Insurance Number Information: Exemption) Regulations (Northern Ireland) 1997f1 is revoked.

Signature

Sealed with the Official Seal of the Department for Social Development on 10th March 2009

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976, the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979, the Social Security (Maternity Allowance) Regulations (Northern Ireland) 1987, the Income Support (General) Regulations (Northern Ireland) 1987, the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996, the State Pension Credit Regulations (Northern Ireland) 2003, the Housing Benefit Regulations (Northern Ireland) 2006, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 and the Employment and Support Allowance Regulations (Northern Ireland) 2008.

Regulation 1 provides for citation, commencement and interpretation.

Regulations 2 to 11 amend the above Regulations to provide that where a person is the partner of a benefit claimant; has no right to enter or remain in the United Kingdom; is not entitled to social security benefits; and has not previously been allocated a national insurance number, the claimant will not be required to state a national insurance number in relation to that person on a claim form.

Regulation 12 makes a consequential revocation.

In so far as these Regulations are required, for the purposes of regulations 9 and 10, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that 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, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.