The Social Security (Recovery of Benefits) (Amendment) Regulations (Northern Ireland) 2007

Statutory Rules of Northern Ireland

2007 No. 73

SOCIAL SECURITY

The Social Security (Recovery of Benefits) (Amendment) Regulations (Northern Ireland) 2007

Made

12th February 2007

Coming into operation

12th March 2007

The Department for Social Development makes the following Regulations in the exercise of powers conferred by section 165(4) of the Social Security Administration (Northern Ireland) Act 1992(1) and paragraph 4 of Schedule 1 to the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997(2) and now vested in it(3).

Citation and commencement

1.  These Regulations may be cited as the Social Security (Recovery of Benefits) (Amendment) Regulations (Northern Ireland) 2007 and shall come into operation on 12th March 2007.

Amendment of the Social Security (Recovery of Benefits) Regulations

2.  In regulation 2(1) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997(4) (exempted trusts and payments) after sub-paragraph (f)(5) add—

“(g) the UK Asbestos Trust established on 10th October 2006 for the benefit of certain persons suffering from asbestos-related diseases;

(h) the EL Scheme Trust established on 23rd November 2006 for the benefit of certain persons suffering from asbestos-related diseases.”.

Sealed with the Official Seal of the Department for Social Development on 12th February 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 2(1) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997 to exempt the UK Asbestos Trust established on 10th October 2006 and the EL Scheme Trust established on 23rd November 2006 for the benefit of certain persons suffering from asbestos-related diseases from the effect of the compensation recovery scheme established under the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997.

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.

(1)

1992 c. 8; see Article 28(3) of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/ 1183 (N.I. 12)

(2)

S.I. 1997/ 1183 (N.I. 12)

(3)

See Article 8(b) of S.R. 1999 No. 481

(4)

S.R.1997 No. 429; relevant amending Regulations are S.R. 2001 No. 150

(5)

Sub-paragraph (f) was added by regulation 4 of S.R. 2001 No. 150