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The Social Security (Overlapping Benefits) (Amendment) Regulations (Northern Ireland) 2003

S.R. 2003/44 · Made 30 January 2003

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.

SOCIAL SECURITY

Made 30th January 2003

Coming into operation 7th April 2003

The Department for Social Development, in exercise of the powers conferred by sections 71(1)(a) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992f1, and now vested in itf2, and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992. c. 8; section 71(1) was amended by paragraph 32(2) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705) (N.I. 15)) and 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

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security (Overlapping Benefits) Regulations
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security (Overlapping Benefits) (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation on 7th April 2003.

2Amendment of the Social Security (Overlapping Benefits) Regulations

In regulation 8 of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979f1 (child benefit)–

(a)

in paragraph (2)–

(i)

after “is or would be payable to a beneficiary,” there shall be inserted “except where that benefit is guardian’s allowance payable to any person under section 77 of that Act,”,

(ii)

sub-paragraph (a) shall be omitted, and

(iii)

in sub-paragraph (b) the words “in any other case,” shall be omitted; and

(b)

in paragraph (3) after “is or would be payable to a beneficiary,” there shall be inserted “except where that benefit is guardian’s allowance payable to any person under section 77 of that Act,”.

Signature

Sealed with the Official Seal of the Department for Social Development on 30th January 2003.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend regulation 8 of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 to remove the provision to adjust the amount of guardian’s allowance payable under section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 by reference to the rates of child benefit payable.

These Regulations 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 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.

These Regulations do not impose a charge on business.