The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2009

Citation and commencement

1.  These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2009 and shall come into operation on 13th July 2009.

Amendment of the Social Security (Claims and Payments) Regulations

2.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1) are amended in accordance with paragraphs (2) to (8).

(2) In regulation 2(1) (interpretation) for the definition of “appropriate office”(2) substitute—

““appropriate office” means an office of the Department and, where any provision in these Regulations relates to a claim, notice or other information, evidence or document being received by or sent, delivered or otherwise furnished in writing to an appropriate office, includes a postal address specified by the Department for that purpose;”.

(3) In regulation 3(cb)(3) (claims not required for entitlement to benefit in certain cases)—

(a)omit “or” after sub-paragraph (i); and

(b)after sub-paragraph (ii) add—

“or

(iii)the spouse or civil partner of the beneficiary dies having been entitled to a Category A retirement pension at the date of death;”.

(4) In regulation 4 (making a claim for benefit)—

(a)in paragraph (6A)(d)(4) for “or incapacity benefit” substitute “, incapacity benefit or an employment and support allowance”;

(b)for paragraph (7)(5) substitute—

“(7) If a claim, other than a claim for income support or jobseeker’s allowance, is defective at the date it is received in an appropriate office or office specified in paragraph (6B)(6) where that paragraph applies—

(a)the Department shall advise the claimant of the defect; and

(b)if a properly completed claim is received within one month, or such longer period as the Department may consider reasonable, from the date on which the claimant is advised of the defect, the Department shall treat the claim as properly made in the first instance.

(7ZA) If a claim, other than a claim for income support or jobseeker’s allowance, has been made in writing but not on the form approved for the time being—

(a)the Department may supply the claimant with the approved form; and

(b)if the form is received properly completed within one month, or such longer period as the Department may consider reasonable, from the date on which the claimant is supplied with the approved form, the Department shall treat the claim as properly made in the first instance.”;

(c)in paragraph (10)(7) after “state pension credit or” insert “, subject to regulation 6(1D),”;

(d)in paragraph (11A)(8) for “which the Department accepts for the purposes of making a telephone claim” substitute “for which the Department accepts telephone claims, or in any other case where the Department is willing to do so”;

(e)for paragraphs (12) and (13)(9) substitute—

“(12) A claim made by telephone in accordance with paragraph (11) or (11A) is properly completed if the Department is provided with all the information required to determine the claim and the claim is defective if not so completed.

(13) Where a claim made by telephone is defective—

(a)in the case of a claim other than a claim for income support or jobseeker’s allowance, paragraph (7) applies;

(b)in the case of a claim for income support, paragraph (7A)(10) applies; and

(c)in the case of a claim for jobseeker’s allowance, paragraph (7B) applies,

except that references to a defective claim being received or received in an appropriate office or office specified in paragraph (6B) where that paragraph applies are to be read as references to a defective claim being made by telephone and the reference in paragraph (7)(b) to a properly completed claim being received is to be read as a reference to a claim made by telephone being properly completed.”; and

(f)omit paragraph (14).

(5) In regulation 5(1)(11) (amendment and withdrawal of claim) for “or 4C(6A)” substitute “, 4C(6A) or 4F(1)(12)”.

(6) In regulation 6 (date of claim)—

(a)in paragraph (1)(13)—

(i)in sub-paragraph (b) for “duly” substitute “properly”,

(ii)in sub-paragraph (c) for “of that telephone call” substitute “the claim is properly completed”, and

(iii)in sub-paragraph (d) for “regulation 4(14) as having been duly” substitute “regulation 4(13)(a) as having been properly”;

(b)in paragraph (1A)(14)—

(i)in sub-paragraphs (a) and (b) after “an appropriate office” insert “or a claim made by telephone is properly completed”, and

(ii)in sub-paragraph (b) after “the date on which that notification is” insert “made or is”;

(c)for paragraph (1D)(15) substitute—

“(1D) In the case of a claim for an employment and support allowance, the date on which the claim is made or treated as made shall be the first date on which—

(a)a claim made by telephone is properly completed, or a properly completed claim is received in an appropriate office, or office mentioned in regulation 4G(3);

(b)a defective claim is received or made but is treated as properly made in the first instance in accordance with regulation 4F(5) in the case of a telephone claim, or 4G(7) in the case of a written claim; or

(c)the Department is notified of an intention to claim and within one month or such longer period as the Department considers reasonable of first notification, a claim made by telephone is properly completed, or a properly completed claim is received in an appropriate office, or office mentioned in regulation 4G(3),

or the first day in respect of which the claim is made, if later.

(1E) In paragraph (1D) “properly completed” has the meaning assigned by regulation 4(8)(16) in the case of a written claim and 4(12) in the case of a telephone claim.”;

(d)in paragraph (4ZC)(17) in sub-paragraphs (a) and (b) after “an appropriate office” insert “or a claim made by telephone is properly completed”;

(e)in paragraph (4A)(b)(18) in heads (i) and (ii) after “an appropriate office” insert “or a claim made by telephone is properly completed”; and

(f)in paragraph (4AA)(19) after “shall be provided” insert “or made”, and

(g)after paragraph (4AA) insert—

“(4AB) The Department may direct that the time for providing or making a properly completed claim may be extended to a date no later than the date one month after the date of first notification of intention to make that claim.”.

(7) In regulation 32A(3)(20) (information relating to awards of benefit) after sub-paragraph (e) insert—

“(ee)employment and support allowance;”.

(8) In Schedule 8A (deductions from benefits and direct payment to third parties) in paragraph 4A(1)(21)—

(a)in head (a) for “he” substitute “the beneficiary”;

(b)for head (b) substitute—

“(b)either the beneficiary or the beneficiary’s partner—

(i)is resident in a hostel and has claimed housing benefit, or

(ii)is resident in premises provided and maintained by virtue of Article 4(2) of the Probation Board (Northern Ireland) Order 1982(22); and”;

(c)omit head (c); and

(d)in head (d) after “that hostel” insert “or those premises, as the case may be,”.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

3.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(23) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 3 (revision of decisions)—

(a)omit paragraph (5D)(24);

(b)in paragraph (7ZA)(25)—

(i)in sub-paragraph (a) after “income support” insert “, income-based jobseeker’s allowance”,

(ii)in sub-paragraph (b) after “the Income Support Regulations” insert “, regulation 2 of the Jobseeker’s Allowance Regulations”,

(iii)in sub-paragraph (c)(i) after “the Income Support Regulations” insert “, regulation 83(e) or 86A(c) of the Jobseeker’s Allowance Regulations(26)”, and

(iv)in sub-paragraph (d)(ii) after “the Income Support Regulations,” insert “, paragraph 15(4)(a) or 20I(3)(a) of Schedule 1 to the Jobseeker’s Allowance Regulations(27)”; and

(c)after paragraph (7C)(28) insert—

“(7CC) Where—

(a)a person’s entitlement to income support is terminated because of a determination that the person is not incapable of work;

(b)the person subsequently claims and is awarded jobseeker’s allowance; and

(c)the decision which embodies the determination that the person is not incapable of work is revised or successfully appealed,

the Department may revise the decisions to terminate income support entitlement and to award jobseeker’s allowance.”.

(3) In regulation 7(2)(c)(ii)(29) (date from which a decision superseded under Article 11 takes effect) after “incapacity determination”, in both places where it occurs, insert “or an employment and support allowance decision where there has been a limited capability for work determination”.

Revocations

4.  The Regulations specified in column (1) of the Schedule are revoked to the extent specified in column (3).