The Social Security (1998 Order) (Commencement No. 8 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999

Modification of the Social Security (Claims and Payments) Regulations

15.  The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1) shall have effect in relation to any benefit mentioned in Article 2(b) as if—

(a) in regulation 2(1) (interpretation)—

(i) after the definition of “the Jobseekers Order”(2) there were inserted the following definition—

““the 1998 Order” means the Social Security (Northern Ireland) Order 1998;”,

(ii) the definition of “adjudicating authority” were omitted, and

(iii) in the definition of “claim for benefit” in paragraph (c) for “the review of an award or” in both places where it occurs there were substituted “a revision under Article 10 of the 1998 Order or supersession under Article 11 of that Order of”;

(b) in regulation 13 (advance claims and awards)—

(i) in paragraph (1) for “the adjudicating authority” and “that authority” there were substituted “the Department”, and

(ii) in paragraph (2) for “An award under paragraph (1)(b) shall be reviewed by the adjudicating authority” there were substituted “A decision pursuant to paragraph (1)(b) to award benefit may be revised under Article 10 of the 1998 Order”;

(c) in regulation 17(7) (duration of awards) “; and where those requirements are not satisfied the award shall be reviewed” were omitted;

(d) in Part V (suspension and extinguishment)—

(i) in the heading “Suspension and”, and

(ii) regulations 36 to 36B(3) (suspension and withholding of benefit),

were omitted; and

(e) in regulation 37(2A)(4) (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period)—

(i) for “adjudicating authority” in both places where it occurs there were substituted “Department”,

(ii) in sub-paragraph (a) for “the Department has” there were substituted “it”, and

(iii) in sub-paragraph (c) “the Department has certified” and “that”, in each place where it occurs, were omitted and, in head (ii), for “it” there were substituted “the Department”.

(1)

S.R. 1987 No. 465; relevant amending regulations are S. R. 1989 No. 398, S.R. 1992 Nos. 7 and 83, S.R. 1993 No. 375, S.R. 1994 Nos. 345 and 484, S.R. 1996 Nos. 85, 354 and 432 and S.R. 1998 No. 241

(2)

The definition of “the Jobseekers Order” was inserted by regulation 2(2)(a) of S.R. 1996 No. 354

(3)

Regulations 36 to 36B were substituted for regulation 36 by regulation 7(9) of S.R. 1992 No. 83, regulation 36 was amended by regulation 3(8) of S.R. 1993 No. 375, regulation 2(17) of S.R. 1996 No. 354 and regulation 2(4) of S.R. 1996 No.432, regulation 36A was substituted by regulation 2 of S.R. 1998 No. 241, regulations 36AA and 36AB were inserted by regulation 2(6) of S.R. 1994 No. 345 and regulation 36AA was amended by regulation 2(18) of S.R. 1996 No. 354 and regulation 2(5) of S.R. 1996 No. 432

(4)

Paragraph (2A) was inserted by regulation 6(3) of S.R 1989 No. 398 and amended by regulation 3(10) of S.R. 1993 No. 375