The Social Security Pensions (Home Responsibilities) (Amendment) Regulations (Northern Ireland) 2005

Amendment of the Social Security Pensions (Home Responsibilities) Regulations

2.—(1) The Social Security Pensions (Home Responsibilities) Regulations (Northern Ireland) 1994(1) shall be amended in accordance with paragraphs (2) and (3) of this regulation.

(2) In regulation 1(2) (interpretation) after the definition of “foster parent”(2) there shall be inserted the following definition –

““the General Regulations” means the Child Benefit (General) Regulations 2003(3);”.

(3) In regulation 2 (preclusion from regular employment for the purpose of paragraph 5(7)(b) of Schedule 3 to the Act) after paragraph (4A)(4) there shall be inserted the following paragraph –

“(4B) For the purposes of paragraph (2)(a) of this regulation, in respect of the year 2004-2005 or any subsequent year, where –

(a) a notice is given under regulation 15(1) of the General Regulations (modification of priority between persons entitled to child benefit) by the person who is entitled to child benefit;

(b) that notice becomes effective in relation to any week falling in the first three months of a year;

(c) as a result of that notice, child benefit becomes payable to another person (“the new payee”) in priority to anyone else;

(d) for each week of that year prior to that notice becoming effective, child benefit would, but for the provisions of regulation 15(2)(b) of those Regulations, have been payable to the new payee; and

(e) no other notice under regulation 15(1) of those Regulations was given in respect of the same child which became effective during any week referred to in sub-paragraph (d) above;

the new payee shall be treated as if he were entitled to child benefit and, accordingly, as if child benefit were payable to him for each week of the year prior to the notice becoming effective.”.

(1)

S.R. 1994 No. 89; relevant amending regulations are S.R. 2001 No. 440 and S.R. 2003 No. 486

(2)

The definition of “foster parent” was inserted by regulation 2(2) of S.R. 2003 No. 486

(3)

S.I. 2003/493

(4)

Paragraph (4A) was inserted by regulation 7(a) of S.R. 2001 No. 440