The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2018

Statutory Rules of Northern Ireland

2018 No. 172

Social Security

The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2018

Made

8th October 2018

Coming into operation

18th October 2018

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 5(1)(a), 165(1) and (4) of Social Security Administration (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 Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2018 and shall come into operation on 18th October 2018.

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

Amendments to the Social Security (Claims and Payments) Regulations

2.  In Schedule 4 (prescribed times for claiming benefit), to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(4) in each of the entries (a) to (f) in column 2 relating to paragraph 8(5) (social fund payment in respect of maternity expenses) for “3 months” substitute “6 months”.

Sealed with the Official Seal of the Department for Communities on 8th October 2018

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the provisions governing the time limits applicable to making a claim for a Sure Start Maternity Grant.

The Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 506) make provision for the payment of Sure Start Maternity Grants. The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 465) (“the Claims and Payments Regulations”) set out the time limits for making a claim for a Sure Start Maternity Grant.

Regulation 2 of these Regulations amends Schedule 4 to the Claims and Payments Regulations to extend the period in which claims can be made from 3 months to 6 months after the occurrence of the relevant event giving rise to a claimant becoming responsible for a child.

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 (1992 c. 8 (N.I.)), 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 (N.I.); section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (SI 1999/671) and section 18(5) of the National Insurance Contributions Act 2014 (c. 7)

(2)

See Article 8(b) of S.R. 1999 No. 481 and Section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))

(3)

1954 c. 33 (N.I.)

(4)

S.R. 1987 No. 465

(5)

Paragraph 8 was amended by regulation 3(a) of S.R. 2010 No. 378 and regulation 4 of S.R. 2011 No. 130