The Social Security (Suspension of Payment of Benefits andMiscellaneous Amendments) Regulations (NorthernIreland)2012

Contents

1Citation and commencement#

These Regulations may be cited as the Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 and shall come into operation on 17th April 2012.

2Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations#

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

(2)In regulation 3 (revision of decisions) after paragraph (7E) insert—“7EA The Department may revise a decision made under regulation 18(1) that a person ceases to be entitled to a benefit specified in paragraph (7EB).7EB Those benefits are—a a Category A or Category B retirement pension;b a shared additional pension;c graduated retirement benefit.”

(3)In regulation 17 (provision of information or evidence)—

(a)in paragraph (2) for sub-paragraph (c) substitute—“c a person from whom the Department requires information or evidence under regulation 32(1) of the Claims and Payments Regulations;ca a person from whom the Department requires documents, certificates or other evidence under regulation 24(5) or (5A) of the Jobseeker’s Allowance Regulations;”

(b)in paragraph (4)—

(i)in sub-paragraph (a) for head (i) substitute—“i a period of 14 days beginning with the date on which the notification under paragraph (3) was sent to him or such longer period as the Department allows in that notification, or”

(ii)in sub-paragraph (b) for “period of time specified in” substitute “period applicable under”; and

(c)after paragraph (4) insert—“4A In relation to a person to whom paragraph (2)(ca) refers, paragraph (4)(a)(i) has effect as if for “14 days” there were substituted “7 days”.”

3Amendment of the Social Security (Claims and Payments) Regulations#

In regulation 32 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (information to be given and changes to be notified)—

(a)in paragraph (1) for “and at such times as the Department may determine” substitute “as the Department may determine and within the period applicable under regulation 17(4) of the Decisions and Appeals Regulations”;

(b)in paragraph (6) for sub-paragraphs (b) and (c) substitute—“b except to the extent that sub-paragraph (a) applies, changes to an element of the claimant’s retirement provision need not be notified if—i an assessed income period is current in his case, orii the period applicable under regulation 17(4) of the Decisions and Appeals Regulations has not expired.”

(c)after paragraph (6) add—“7 In this regulation “the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999.”

4Amendment of the Jobseeker’s Allowance Regulations#

In regulation 24 of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (provision of information and evidence)—

(a)in paragraph (9) omit “or (5) or (5A)”; and

(b)after paragraph (9) insert—“9A Where, pursuant to paragraph (5) or (5A), a claimant is required to provide certificates, documents or other evidence, he shall do so within the period applicable under regulation 17(4) of the Decisions and Appeals Regulations.”

5Amendments relating to housing benefit: offsetting#

In regulation 95(1) of the Housing Benefit Regulations (Northern Ireland) 2006 and regulation 76(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (offsetting) for “further revised” substitute “superseded or further revised or superseded”.

6Revocations#

Paragraph 3(g) of Schedule 2 to the Jobseeker’s Allowance (Joint Claims) Regulations (Northern Ireland) 2000, regulation 4(b) of the State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 and regulation 3(b) of the Social Security (Students and Miscellaneous Amendments) Regulations (Northern Ireland) 2008 are revoked.

Contains public sector information licensed under the Open Government Licence v3.0.