Interpretation
This
adran has no associated
Memorandwm Esboniadol
2.—(1) In these Regulations—
“the Act” means the Welfare Reform Act (Northern Ireland) 2007;
“benefit week” has the same meaning as in the Employment and Support Regulations;
“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987();
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“contributory allowance” means an employment and support allowance to which a person is entitled by virtue of these Regulations which was based on an award of incapacity benefit or severe disablement allowance to which the person was entitled;
“conversion decision”, in relation to a notified person, has the meaning given in regulation 5(2);
“effective date”, in relation to a conversion decision, is to be construed in accordance with regulation 13;
“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008();
“income-related allowance” means an employment and support allowance to which a person is entitled by virtue of these Regulations which was based on an award of income support to which the person was entitled;
“notified person” has the meaning given in regulation 4(2);
“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995();
“relevant deduction”, in relation to a person, includes such of the following deductions as fall to be made in relation to the person—
(a)
any deduction made under any of the following provisions of the Claims and Payments Regulations—
(i)
regulation 34ZA() (deductions of mortgage interest which shall be made from benefit and paid to qualifying lenders),
(ii)
regulation 34ZB() (deductions of mortgage interest which may be made from benefit and paid to qualifying lenders in other cases), or
(iii)
regulation 34A() (deductions which may be made from benefits and paid to third parties);
(b)
any deduction in respect of overpayment recovery or recovery of social fund loans made under any of the following provisions of the Administration Act—
(i)
section 69() (overpayments – general),
(ii)
section 72() (income support and other payments), or
(iii)
section 74() (recovery of social fund awards).
(2) A requirement under these Regulations to give a notice (or to notify) is a requirement to give notice in writing; and for that purpose a message sent by electronic communication (within the meaning of section 4(1) of the Electronic Communications Act (Northern Ireland) 2001()) shall be treated as a notice given in writing.
(3) For the purposes of these Regulations, the conversion phase, in relation to any person entitled to an existing award or awards(), is the period which—
(a)begins in accordance with regulation 4(4); and
(b)ends in accordance with regulation 5(6).
(4) In these Regulations any reference to Step 1, 2 or 3, in relation to any person, is to be construed in accordance with regulation 8.
(5) The Interpretation Act (Northern Ireland) 1954() shall apply to these Regulations as it applies to an Act of the Assembly.