The Social Security (Incapacity Benefit) (Amendment) Regulations (Northern Ireland) 2009

Statutory Rules of Northern Ireland

2009 No. 135

Social Security

The Social Security (Incapacity Benefit) (Amendment) Regulations (Northern Ireland) 2009

Made

26th March 2009

Coming into operation

27th March 2009

Approved by resolution of the Assembly on

2nd June 2009

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 30DD(5)(c) and 171(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and now vested in it(2).

Citation and commencement

1.  These Regulations may be cited as the Social Security (Incapacity Benefit) (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 27th March 2009.

Amendment of the Social Security (Incapacity Benefit) Regulations

2.  After regulation 19 of the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(3) (permanent health insurance) insert—

“Financial assistance scheme

19A.   For the purposes of section 30DD “pension payment” includes a payment made under the Financial Assistance Scheme Regulations 2005(4) to a person who first became entitled to such a payment on or after 27th March 2009 (the date on which the Social Security (Incapacity Benefit) (Amendment) Regulations (Northern Ireland) 2009 came into operation).”.

Sealed with the Official Seal of the Department for Social Development on 26th 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 (Incapacity Benefit) Regulations (Northern Ireland) 1994 to provide that, for the purposes of section 30DD of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, a “pension payment” includes a payment under the Financial Assistance Scheme Regulations 2005 made to anyone who first becomes entitled to such a payment on or after 27th March 2009 (the date on which these Regulations come into operation).

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 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

(1)

1992 c. 7; section 30DD was inserted by Article 60 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and amended by paragraph 1(2) of the Schedule to S.R. 2006 No. 37 and Article 5(2) of S.I. 2006/745

(2)

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

(3)

S.R. 1994 No. 461; regulation 19 was inserted by regulation 2(5) of S.R. 2000 No. 404

(4)

S.I. 2005/1986 as amended by S.I. 2005/3256, S.I. 2006/3370, S.I. 2007/3581 and S.I.s 2008/1432, 1903, 3069 and 3241 (C. 147)