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2001 No. 148

SOCIAL SECURITY

The Social Security (Widow's Benefit and Retirement Pensions) (Amendment) Regulations (Northern Ireland) 2001

  Made 2nd April 2001 
  Coming into operation 9th April 2001 

The Department for Social Development, in exercise of the powers conferred by sections 121(5) and 171(1) to (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[1] and section 1(1C) and 165(1) of the Social Security Administration (Northern Ireland) Act 1992[2] and now vested in it[3], and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Social Security (Widow's Benefit and Retirement Pensions) (Amendment) Regulations (Northern Ireland) 2001 and shall come into operation on 9th April 2001.

    (2) In these Regulations - 

Amendment of the principal Regulations
     2.  - (1) The principal Regulations shall be amended in accordance with paragraphs (2) and (3).

    (2) After regulation 16 (provision in relation to entitlement to child benefit for the purposes of a widowed mother's allowance) there shall be inserted - 

    (3) In regulation 16A[7] (disapplication of section 1(1A) of the Administration Act for the purposes of widowed mother's allowance), and in the heading, after "widowed mother's allowance" there shall be inserted "or widowed parent's allowance".



Sealed with the Official Seal of the Department for Social Development on


2nd April 2001.

L.S.


John O'Neill
Senior Officer of the Department for Social Development


EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations are consequential on amendments made to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ("the Act") by Article 52 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 ("the Order"). Article 52(2) of the Order inserted section 39A into the Act.

The Regulations further amend the Social Security (Widow's Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979 in relation to the introduction of widowed parent's allowance. A new regulation 16ZA is inserted to provide for a person to be treated as entitled to child benefit in certain circumstances where eligibility to a widowed parent's allowance is dependent on such entitlement (regulation 2(a)). They also disapply for the purposes of a claim for widowed parent's allowance certain requirements in respect of the claimant's national insurance number (regulation 2(b)).

These Regulations correspond to provision contained in regulations made by the Secretary of State for Social Security 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, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.


Notes:

[1] 1992 c. 7; section 171(2) was amended by paragraph 28(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)back

[2] 1992 c. 8; section 1(1C) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)) and section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999back

[3] See Article 8(b) of S.R. 1999 No. 481back

[4] S.R. 1979 No. 243; relevant amending regulations are S.R. 1997 No. 483 and S.R. 2001 No. 108back

[5] Section 39A is inserted by Article 52(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))back

[6] Section 11 was amended by Article 66 of the Welfare Reform and Pensions (Northern Ireland) Order 1999back

[7] Regulation 16A was inserted by regulation 4(3) of S.R. 1997 No. 483back



ISBN 0-337-02482-0


  © Crown copyright 2001

Prepared 11 April 2001


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URL: http://www.bailii.org/nie/legis/num_reg/2001/20010148.html