The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1997

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Social Security (Maternity Allowance) Regulations (Northern Ireland) 1987 (“the Maternity Allowance Regulations”), the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (“the Claims and Payments Regulations”) and the Social Security (Adjudication) Regulations (Northern Ireland) 1995 (“the Adjudication Regulations”).

Regulation 2 amends the Maternity Allowance Regulations in respect of the circumstances in which the maternity allowance period may be modified.

Regulation 3 amends the Claims and Payments Regulations to provide that—

a claim for income support or jobseeker’s allowance must be made in writing on a form approved by the Department of Health and Social Services and, except in specified circumstances, must be made in accordance with the instructions on the form and include such information and evidence which may be required;

in certain cases where a properly completed claim form is received within one month of first notification of intention to make a claim, the date of claim shall be the date of that notification;

in specified circumstances where a claim for benefit has been refused, and a second claim is later made for the same benefit, the second claim shall be treated as made on the date of the first claim;

the maximum time for which benefit may be backdated is 3 months for all benefits and to allow backdating of claims only where the claimant was unable to claim earlier because of any of a number of specified reasons.

Regulation 4 amends the Adjudication Regulations to provide that, subject to certain exceptions, where entitlement to benefit is reviewed, the review cannot be backdated for more than one month.

Regulation 5 contains a saving provision in respect of claims for retirement pension or graduated retirement benefit or applications for review of decisions relating to retirement pension benefit made on or before 3rd August 1997.

Regulation 6 makes consequential revocations.

These Regulations correspond to provision contained in Regulations made by the Secretary of State for Social Security 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.