The Welfare Supplementary Payment (Extension) Regulations (Northern Ireland) 2022

Amendment of the Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016

4.—(1) The Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1), at the appropriate place insert—

““the administrative period” means the period beginning on 31st March 2020 and ending on the day the Welfare Supplementary Payment (Extension) Regulations (Northern Ireland) 2022 are made,”;

(b) after paragraph (2) insert—

“(3) Where the date mentioned in regulation 7(1), 11(1), 15(1) or 19(1) is in the administrative period, that provision’s requirement that welfare supplementary payment must cease to be paid from that date is to be read as a requirement that welfare supplementary payment must not be paid for times on or after that date.

(4) Where the expiry mentioned in regulation 21B(2) or 22(1) occurs in the administrative period, that provision’s requirement that welfare supplementary payment must cease to be paid at that expiry is to be read as a requirement that welfare supplementary payment must not be paid for times after that expiry.”.

(3) In each of regulations 6, 10, 14 and 18—

(a) in paragraph (3)(b) for “on 31st March 2020” substitute “on 31st March 2025”;

(b) after that paragraph insert—

“(4) But the period during which welfare supplementary payment is payable does not include any times in the administrative period (nor any times more than a year after the commencement day given by paragraph (2)).”.

(4) In regulation 20—

(a) after paragraph (2) insert—

“(2A) Where the date on which the caree ceases to be entitled to welfare supplementary payment under the DLA Regulations is in the administrative period, paragraph (2) has effect as if for “must cease to be paid from the day after the first payment of welfare supplementary payment under these Regulations following” there were substituted “must not be paid for times after”.”;

(b) in paragraph (5)—

(i) in the words before sub-paragraph (a), before “welfare supplementary payment” insert “further”, and

(ii) in sub-paragraph (b), for “on 31st March 2020” substitute “on 31st March 2025”;

(c) after that paragraph insert—

“(5A) But the period during which further welfare supplementary payment is payable does not include any times in the administrative period.

(5B) Where the date the Commissioner’s decision is received by the Department is in the administrative period, paragraph (5) has effect as if for “after the first payment following” there were substituted “on”.”.

(5) In regulation 21, after paragraph (2) insert—

“(3) Where the date on which the caree ceases to be entitled to personal independence payment is in the administrative period, paragraph (2) has effect as if for “must cease to be paid from the day after the first payment of welfare supplementary payment following” there were substituted “must not be paid for times after”.”.

(6) In regulation 21A, after paragraph (2) insert—

“(3) Where the date on which the caree is awarded that component is in the administrative period, paragraph (2) has effect as if for “must cease to be paid from the day after the first payment of welfare supplementary payment following” there were substituted “must not be paid for times after”.”.

(7) In each of the sub-paragraphs of regulations 21B(3) and 22(2), after “(3)” insert “and (4)”.

(1)

S.R. 2016 No. 253. Regulations 2(1), 20(2) and 22(2) were amended, and regulations 21A and 22A were inserted, by S.R. 2017 No. 28.