2004 No. 304

SOCIAL SECURITY

The Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 2004

Made

Coming into operation

The Department for Social Development, in exercise of the powers conferred by sections 5(1)(a) and 165(1) and (4) of the Social Security Administration (Northern Ireland) Act 19921, and now vested in it2, and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Social Security (Claims and Payments) (Amendment No.2) Regulations (Northern Ireland) 2004 and shall come into operation on 6th October 2004.

2

The Interpretation Act (Northern Ireland) 19543 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Social Security (Claims and Payments) Regulations2

1

The Social Security (Claims and Payments) Regulations (Northern Ireland) 19874 shall be amended in accordance with paragraphs (2) and (3).

2

In regulation 19(3)5 (time for claiming benefit) sub-paragraph (fa)6 shall be omitted.

3

In Schedule 4 (prescribed times for claiming benefit) after paragraph 117 there shall be added the following paragraph –

12

State pension credit. As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 12 months immediately following it.

Sealed with the Official Seal of the Department for Social Development on 19th July 2004.

John O'NeillSenior Officer of theDepartment for Social Development

(This note is not part of the Regulations.)

These Regulations amend the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 to provide that the time for claiming state pension credit is the day on which the claimant is entitled to it (apart from satisfying the condition of making a claim) and the period of 12 months immediately following that day.

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.

These Regulations do not impose a charge on business.