2005 No. 14
The Social Security (Claims and Payments and Payments on account, Overpayments and Recovery) (Amendment) Regulations (Northern Ireland) 2005
Made
Coming into operation
The Department for Social Development, in exercise of the powers conferred by sections 5(1)(a), 69(4) and 165(1), (4) and (6) 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 and commencementI11
These Regulations may be cited as the Social Security (Claims and Payments and Payments on account, Overpayments and Recovery) (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 2nd May 2005.
Amendment of the Social Security (Claims and Payments) RegulationsI22
1
The Social Security (Claims and Payments) Regulations (Northern Ireland) 19873 shall be amended in accordance with paragraphs (2) to (4).
2
In regulation 4 (making a claim for benefit) –
a
in paragraph (1)4 at the beginning there shall be inserted “Subject to paragraphs (10) and (11),”; and
b
after paragraph (10)5 there shall be added the following paragraphs –
11
A claim for graduated retirement benefit or retirement pension may be made by telephone call to the telephone number specified by the Department, unless the Department directs, in any particular case, that the claim must be made in writing.
12
A claim made by telephone in accordance with paragraph (11) is defective unless the Department is provided, during that telephone call, with all the information it requires to determine the claim.
13
Where a claim made by telephone is defective, the Department may refer the claim to the person making it.
14
If the person corrects the defect within one month, or such longer period as the Department considers reasonable, of the date it referred the claim to the person, the Department shall treat the claim as if it had been duly made in the first instance.
F13
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4
In regulation 6(1)6 (date of claim) after sub-paragraph (b) there shall be added the following sub-paragraphs –
c
in the case of a claim made by telephone in accordance with regulation 4(11), the date of that telephone call;
d
in the case of a claim made by telephone which is defective but which is treated under regulation 4(14) as having been duly made, the date of that telephone call.
Amendment of the Social Security (Payments on account, Overpayments and Recovery) RegulationsI33
In regulation 11(2) of the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 19887 (recovery of overpayments by automated or other direct credit transfer) for sub-paragraph (b) there shall be substituted the following sub-paragraph –
b
notice of the effect which this regulation would have, in the event of an overpayment, was given to the beneficiary or to a person acting for him-
i
in writing, where the claim was made in writing; or
ii
either orally or in writing, where the claim was made by telephone,
before he agreed to the arrangement.
Sealed with the Official Seal of the Department for Social Development on 13th January 2005.
(This note is not part of the Regulations.)