The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2013

Amendment of the Social Security (Claims and Payments) RegulationsN.I.

This section has no associated Explanatory Memorandum

4.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 M1 are amended in accordance with paragraphs (2) and (3)

(2) In regulation 5 (amendment and withdrawal of claim) for paragraph (1) M2 substitute—

(1) A person who has made a claim for benefit may amend it at any time before a determination has been made on the claim by notice in writing received at an appropriate office, by telephone call to a telephone number specified by the Department or in such other manner as the Department may decide or accept.

(1A) Any claim amended in accordance with paragraph (1) may be treated as if it had been so amended in the first instance..

(3) In paragraph 4 (miscellaneous accommodation costs) of Schedule 8A M3 (deductions from benefits and direct payment to third parties)—

(a)in sub-paragraph (1) M4 for head (b) substitute—

(b)in the case of state pension credit, is made to a person residing in—

(i)a nursing home or residential care home as defined in regulation 1(2) of the State Pension Credit Regulations,

(ii)an independent hospital as defined in regulation 1(2) of those Regulations,

(iii)an establishment run by the Abbeyfield Society (including all bodies corporate or incorporate which are affiliated to the Society), or

(iv)accommodation provided under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 M5.; and

(b)in sub-paragraph (2)(a) M6 for “regulation 15(7)(c) of the State Pension Credit Regulations” substitute “ sub-paragraph (1)(b)(ii) ”.

Marginal Citations

M1S.R. 1987 No. 465; relevant amending Rules are S.R. 1988 No. 67, S.R. 1989 No. 398, S.R. 1993 No. 149, S.R. 1996 No. 354, S.R. 1999 No. 472 (C. 36), S.R. 2002 No. 132, S.R. 2005 Nos. 14 and 458, S.R. 2008 No. 286 and S.R. 2009 No. 240

M2Paragraph (1) was amended by regulation 2(3) of S.R. 2005 No. 14 and regulation 2(5) of S.R. 2009 No. 240

M3Schedule 8A was inserted by regulation 2(3) of S.R. 1988 No. 67 and paragraph 4 was substituted by paragraph 2(2) of Schedule 1 to S.R. 1993 No. 149

M4Sub-paragraph (1) was amended by regulation 8(a)(ii) of S.R. 1989 No. 398, paragraph 2(2) of Schedule 1 to, S.R. 1993 No. 149, regulation 2(26)(d) of S.R. 1996 No. 354, Article 9(2) of S.R. 1999 No. 472 and regulation 3(3)(a) and (b) of S.R. 2002 No. 132

M6Sub-paragraph (2)(a) was substituted by regulation 5(3)(b)(ii) of S.R. 2005 No. 458 and amended by regulation 13(18)(2)(ii)(aa) and (bb) of S.R. 2008 No. 286