The Social Fund (Cold Weather Payments) (General) (Amendment) Regulations (Northern Ireland) 2009 No. 342

Statutory Rules of Northern Ireland

2009 No. 342

Social Security

The Social Fund (Cold Weather Payments) (General) (Amendment) Regulations (Northern Ireland) 2009

Made

7th October 2009

Coming into operation

1st November 2009

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 134(2) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and now vested in it(2).

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Social Fund (Cold Weather Payments) (General) (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 1st November 2009.

(2) In these Regulations “the principal Regulations” means the Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988(3).

(3) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Assembly.

Commencement Information

I1 Reg. 1 in operation at 1.11.2009, see reg. 1(1)

Modification of the principal Regulations in respect of the 2009-10 winter N.I.

2.  For the purpose of making a payment in respect of a period of cold weather which begins at any time after 31st October 2009 but before 1st April 2010, regulation 3(5) (prescribed amount) of the principal Regulations is applied as if the reference to £8.50 were to £25.00.

Commencement Information

I2 Reg. 2 in operation at 1.11.2009, see reg. 1(1)

Sealed with the Official Seal of the Department for Social Development on 7th October 2009

(L.S.)

Anne Mc Cleary

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations modify the Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988 (“the principal Regulations”).

Regulation 2 provides that for winter 2009/10 a cold weather payment will be £25 instead of £8.50.

These Regulations make in relation to Northern Ireland only provision corresponding to provision 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. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

(2)

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

(3)

S.R. 1988 No. 368; relevant amending Regulations are S.R. 1991 No. 464, S.R. 1995 No. 387 and S.R. 2008 No. 411

(4)

1954 c. 33 (N. I.)

(5)

Regulation 3 was amended by regulation 4 of S.R. 1991 No. 464, regulation 2 of S.R. 1995 No. 387 and modified by regulation 3 of S.R. 2008 No. 411