Amendment of the Social Security (Claims and Payments) Regulations2

1

The Social Security (Claims and Payments) Regulations (Northern Ireland) 19875 are amended in accordance with paragraphs (2) to (5).

2

In regulation 3 (claims not required for entitlement to benefit in certain cases)—

a

after sub-paragraph (c) insert—

ca

in the case of a Category A retirement pension where the beneficiary—

i

is entitled to any category of retirement pension other than a Category A retirement pension; and

ii

becomes divorced or the beneficiary’s civil partnership is dissolved;

cb

in the case of a Category B retirement pension where the beneficiary—

i

is entitled to either a Category A retirement pension or to a graduated retirement benefit or to both; and

ii

marries or enters into a civil partnership;

b

after sub-paragraph (d) insert—

da

in the case of a bereavement payment where the beneficiary is over pensionable age and satisfies the conditions of entitlement under section 36(1) of the Contributions and Benefits Act6;

3

In regulation 6 (date of claim)—

a

after paragraph 157 insert—

15A

Paragraphs (16) to (34) shall not apply in any case where it would be advantageous to the claimant to apply the provisions of regulation 19.

b

in paragraph (19)8—

i

after “been terminated” insert “or reduced or payment under that award ceases”, and

ii

in sub-paragraph (b) at the end add “or becomes payable again”;

c

in paragraph (20)9—

i

omit “or” after sub-paragraph (a), and

ii

after sub-paragraph (b) add—

or

c

that the qualifying benefit has ceased to be payable in accordance with—

i

regulation 6(1) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 199210 or regulation 8(1) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 199211 because the claimant is undergoing treatment as an in-patient in a hospital or similar institution, or

ii

regulation 7 of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 or regulation 9 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 because the claimant is resident in certain accommodation other than a hospital.

d

in paragraph (21)12—

i

at the beginning insert “Subject to paragraph (21A),”,

ii

omit “and” after sub-paragraph (a), and

iii

for sub-paragraph (b) substitute—

b

the qualifying benefit is re-awarded following revision, supersession or appeal;

c

the qualifying benefit is re-awarded on a renewal claim when an award for a fixed period expires; or

d

the cessation of payment ends when the claimant leaves the hospital or similar institution or accommodation referred to in paragraph (20)(c); and

the further claim referred to in paragraph (19), is made within three months of the date on which the additional circumstances apply.

e

after paragraph (21) insert—

21A

Paragraph (21) applies whether the benefit is re-awarded when the further claim is decided or following a revision of, or an appeal against, such a decision.

f

in paragraph (30)(b)13 omit “not later than ten working days after the termination,”;

g

in paragraph (33)14 at the beginning insert “Subject to paragraph (34),”; and

h

after paragraph (33) add—

34

Paragraph (33) shall not apply where the decision awarding a qualifying benefit is made in respect of a renewal claim where a fixed period award of that benefit has expired, or is due to expire.

4

In regulation 1915 (time for claiming benefit) after paragraph (3B) insert—

3C

In any case where the application of regulation 6(16) to (34) would be advantageous to the claimant, this regulation shall apply subject to those provisions.

5

In regulation 30 (payments on death)—

a

in paragraph (4) at the beginning insert “Subject to paragraph (4B),”.

b

after paragraph (4A)16 insert—

4B

A written application is not required where—

a

an executor or administrator has not been appointed;

b

the deceased was in receipt of a retirement pension of any category or state pension credit including where any other benefit was combined for payment purposes with either of those benefits at the time of death;

c

the sum payable by way of benefit to the deceased is payable to a person who was the spouse or civil partner of the deceased at the time of death; and

d

either—

i

the spouse or civil partner and the deceased were living together at the time of death; or

ii

they would have been living together at the time of death but for the fact that either or both of them were in a residential care or nursing home or in a hospital.