The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (“the Claims and Payments Regulations”) and the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (“the Decisions and Appeals Regulations”).

Regulation 2 amends the Claims and Payments Regulations to—

• allow the Department for Social Development to extend the time in which defective claims for state pension credit may be corrected (paragraph (2));

• provide that the date of a claim for a relevant benefit made following the termination of an earlier award of that benefit is the date of entitlement to that qualifying benefit where the qualifying benefit is re-awarded or awarded on a claim made before termination of the award of the relevant benefit, provided the claim for the relevant benefit is made within 3 months of the date of the award of the qualifying benefit (paragraph (3));

• provide that the time for claiming income support or jobseeker’s allowance may be extended by a period not exceeding one month where the claimant was unable to notify the appropriate office of his intention of making a claim because the telephone lines were busy or inoperative (paragraph (4)); and

• provide that, where a claimant or his partner receives child tax credit, the amount of child benefit and child tax credit he or his partner is entitled to is to be taken into account in the calculation of the maximum amount payable to third parties (paragraph (5)).

Regulation 3 amends the Decisions and Appeals Regulations to provide that—

• where a decision is superseded in connection with the cessation of payment of a carer’s allowance, the decision takes effect from the day after the day in respect of which the carer’s allowance was paid (paragraph (2)); and

• a decision superseding a decision where regulation 9 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 applies, or ceases to apply, to a claimant for a period of less than one week takes effect from the date of the change (paragraph (3)).

Regulation 4 makes consequential revocations.

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