The Social Fund Maternity and Funeral Expenses (General) (Amendment) Regulations (Northern Ireland) 2012

Statutory Rules of Northern Ireland

2012 No. 292

Social Security

The Social Fund Maternity and Funeral Expenses (General) (Amendment) Regulations (Northern Ireland) 2012

Made

16th July 2012

Coming into operation

13th August 2012

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 134(1)(a) 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

1.—(1) These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) (Amendment) Regulations (Northern Ireland) 2012 and shall come into operation on 13th August 2012.

(2) In these Regulations “the principal Regulations” means the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005(3) and expressions defined in those Regulations have the same meaning in these Regulations.

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

Amendment of the principal Regulations

2.  Subject to regulation 3, for regulation 5A of the principal Regulations(5) (award not to be made where another member of the claimant’s family is under 16 unless an exception applies) substitute—

“Entitlement where another member of the claimant’s family is under the age of 16

5A.— (1) In this regulation—

(a) “C” means the child or still-born child in respect of whom a Sure Start Maternity Grant is claimed; and

(b) “existing member of the family” has the meaning given in paragraph (2) or, as the case may be, (3).

(2) Where a parent of C (“P”) is under the age of 20 and a member of the claimant’s family, “existing member of the family” means any member of the claimant’s family who is also a child of P, apart from C or any other child born as a result of the same pregnancy as C.

(3) In any other case, “existing member of the family” means any member of the claimant’s family apart from—

(a) C;

(b) any other child born as a result of the same pregnancy as C;

(c) any child whose parent is under the age of 20 and a member of the claimant’s family.

(4) Subject to the following provisions of this regulation, a Sure Start Maternity Grant shall not be awarded if, at the date of claim, any existing member of the family is under the age of 16

(5) Where C is one of two or more children—

(a) born or still-born as a result of the same pregnancy, or

(b) (if the claim is made before the confinement in a case where regulation 5(3)(a) applies) who are expected to be born as a result of the same pregnancy,

the number of Sure Start Maternity Grants to be awarded is to be determined in accordance with paragraphs (6) and (7).

(6) Where at the date of claim no existing member of the family is under the age of 16 a Sure Start Maternity Grant is to be awarded in respect of each of the children mentioned in paragraph (5).

(7) Where at the date of claim any existing member of the family is under the age of 16 then—

(a) where each of those existing members of the family under the age of 16 was born as a result of separate pregnancies, a Sure Start Maternity Grant is to be awarded for all but one of the children mentioned in paragraph (5); and

(b) where two or more of those existing members of the family under the age of 16 were born as a result of a single pregnancy, the number of Sure Start Maternity Grants to be awarded in respect of the children mentioned in paragraph (5) is the number of children mentioned in paragraph (5) minus the maximum number of existing members of the family born as a result of a single pregnancy.”.

Transitional Provisions

3.—(1) The substitution made by regulation 2 does not apply in a case where any of paragraphs (2) to (7) apply.

(2) This paragraph applies in a case where—

(a) the claimant falls within regulation 5(3)(a) of the principal Regulations;

(b) the claim is made before C’s birth;

(c) the claim is made before 13th August 2012; and

(d) the expected date of confinement is before 29th October 2012.

(3) This paragraph applies in a case where—

(a) the claimant falls within regulation 5(3)(a) or (b) of the principal Regulations;

(b) the claim is made after C’s birth; and

(c) C is born before 29th October 2012.

(4) This paragraph applies in a case where—

(a) the claimant falls within regulation 5(3)(c) of the principal Regulations; and

(b) the qualifying order is made before 29th October 2012.

(5) This paragraph applies in a case where—

(a) the claimant falls within regulation 5(3)(d) of the principal Regulations; and

(b) the appointment as guardian takes effect before 29th October 2012.

(6) This paragraph applies in a case where—

(a) the claimant falls within regulation 5(3)(e) of the principal Regulations; and

(b) C is placed for adoption with the claimant or the claimant’s partner before 29th October 2012.

(7) This paragraph applies in a case where—

(a) the claimant falls within regulation 5(3)(f) of the principal Regulations; and

(b) the adoption referred to in that provision takes effect before 29th October 2012.

(8) In this regulation “C” means the child or still-born child in respect of whom a Sure Start Maternity Grant is claimed.

Revocation

4.  Regulation 2(4) of the Social Fund Maternity and Funeral Expenses (General) (Amendment) Regulations (Northern Ireland) 2011(6) is revoked.

Sealed with the Official Seal of the Department for Social Development on 16th July 2012

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations substitutes a new regulation 5A in the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 which sets out entitlement to a Sure Start Maternity Grant where another member of the claimant’s family is under the age of 16.

New regulation 5A replicates the effect of the existing regulation and adds an additional exception to provide for entitlement to Sure Start Maternity Grants in respect of additional children born as a result of a multiple birth where there is already a child under the age of 16 in the family.

The Regulations provide that the number of Sure Start Maternity Grants payable is determined by reference to the number of children under the age of 16 already in the family and the number of children born as a result of the subsequent multiple birth.

Regulation 3 provides for transitional provisions as to when these amendments for eligibility for Sure Start Maternity Grants are to have effect.

Regulation 4 makes a consequential revocation.

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 (c.8), 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 134(1) was substituted by Article 66(1) of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and 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. 2005 No. 506; relevant amending Regulations are S.R. 2011 No. 130

(4)

1954 c.33 (N. I.)

(5)

Regulation 5A was inserted by regulation 2(4) of S.R. 2011 No. 130

(6)

S.R. 2011 No. 130