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	Statutory Rules of Northern Ireland
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(a) after sub-paragraph (c) insert—


" (ca) in the case of a Category A retirement pension where the beneficiary—


(i) is entitled to any category of retirement pension other than a Category A retirement pension; and

(ii) becomes divorced or the beneficiary's civil partnership is dissolved;



(cb) in the case of a Category B retirement pension where the beneficiary—



(i) is entitled to either a Category A retirement pension or to a graduated retirement benefit or to both; and

(ii) marries or enters into a civil partnership;"; and



(b) after sub-paragraph (d) insert—



" (da) in the case of a bereavement payment where the beneficiary is over pensionable age and satisfies the conditions of entitlement under section 36(1) of the Contributions and Benefits Act[6];".

    (3) In regulation 6 (date of claim)—

(a) after paragraph 15[7] insert—

    " (15A) Paragraphs (16) to (34) shall not apply in any case where it would be advantageous to the claimant to apply the provisions of regulation 19.";

(b) in paragraph (19)[8]—


(i) after "been terminated" insert "or reduced or payment under that award ceases", and

(ii) in sub-paragraph (b) at the end add "or becomes payable again";



(c) in paragraph (20)[9]—



(i) omit "or" after sub-paragraph (a), and

(ii) after sub-paragraph (b) add—


     " or

(c) that the qualifying benefit has ceased to be payable in accordance with—


(i) regulation 6(1) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992[10] or regulation 8(1) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992[11] because the claimant is undergoing treatment as an in-patient in a hospital or similar institution, or

(ii) regulation 7 of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 or regulation 9 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 because the claimant is resident in certain accommodation other than a hospital.";



(d) in paragraph (21)[12]—



(i) at the beginning insert "Subject to paragraph (21A),",

(ii) omit "and" after sub-paragraph (a), and

(iii) for sub-paragraph (b) substitute—

"
(b) the qualifying benefit is re-awarded following revision, supersession or appeal;

(c) the qualifying benefit is re-awarded on a renewal claim when an award for a fixed period expires; or

(d) the cessation of payment ends when the claimant leaves the hospital or similar institution or accommodation referred to in paragraph (20)(c); and



the further claim referred to in paragraph (19), is made within three months of the date on which the additional circumstances apply.";

(e) after paragraph (21) insert—

    " (21A) Paragraph (21) applies whether the benefit is re-awarded when the further claim is decided or following a revision of, or an appeal against, such a decision.";

(f) in paragraph (30)(b)[13] omit "not later than ten working days after the termination,";

(g) in paragraph (33)[14] at the beginning insert "Subject to paragraph (34),"; and

(h) after paragraph (33) add—

    " (34) Paragraph (33) shall not apply where the decision awarding a qualifying benefit is made in respect of a renewal claim where a fixed period award of that benefit has expired, or is due to expire.".

    (4) In regulation 19[15] (time for claiming benefit) after paragraph (3B) insert—

    " (3C) In any case where the application of regulation 6(16) to (34) would be advantageous to the claimant, this regulation shall apply subject to those provisions.".

    (5) In regulation 30 (payments on death)—

(a) in paragraph (4) at the beginning insert "Subject to paragraph (4B),".

(b) after paragraph (4A)[16] insert—

    " (4B) A written application is not required where—


(a) an executor or administrator has not been appointed;

(b) the deceased was in receipt of a retirement pension of any category or state pension credit including where any other benefit was combined for payment purposes with either of those benefits at the time of death;

(c) the sum payable by way of benefit to the deceased is payable to a person who was the spouse or civil partner of the deceased at the time of death; and

(d) either—


(i) the spouse or civil partner and the deceased were living together at the time of death; or

(ii) they would have been living together at the time of death but for the fact that either or both of them were in a residential care or nursing home or in a hospital.".

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[17] are amended in accordance with paragraphs (2) to (5).

    (2) In regulation 1(2) (interpretation) in the definition of "incapacity benefit decision"[18] at the end add "or an award of long term incapacity benefit under regulation 17(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995[19]".

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

(a) in paragraph (5)[20]—


(i) in sub-paragraph (b) after "sub-paragraph (c)" insert "or (d),",

(ii) in sub-paragraph (c) at the beginning insert "subject to sub-paragraph (d),", and

(iii) after sub-paragraph (c) add—


     " or

(d) where the decision is a disability benefit decision, or is an incapacity benefit decision, which was made in ignorance of, or was based upon a mistake as to, some material fact not in relation to the incapacity or disability determination embodied in or necessary to the incapacity benefit decision or disability benefit decision, and as a result of that ignorance of, or mistake as to, that fact, the decision was more advantageous to the claimant than it would otherwise have been but for the ignorance or mistake,"; and



(b) after paragraph (5A)[21] insert—

    " (5B) A decision by the Department under Article 9 or 11 awarding incapacity benefit may be revised at any time if—


(a) it incorporates a determination that the condition in regulation 28(2)(b) of the Incapacity for Work Regulations[22] is satisfied;

(b) the condition referred to in sub-paragraph (a) was not satisfied at the time when the further claim was first determined; and

(c) there is a period before the award which falls to be decided.".

    (4) In regulation 7(2) (date from which a decision superseded under Article 11 takes effect)—

(a) in sub-paragraph (bc)[23] at the beginning insert "subject to sub-paragraph (bd),"; and

(b) after sub-paragraph (bc) insert—


" (bd) sub-paragraph (bc) shall only apply to the disabled person whose benefit is affected by the cessation of payment of carer's allowance;".

    (5) In paragraph 6 of Schedule 2B[24] (date on which change of circumstances takes effect where a claimant is entitled to state pension credit) for "1975" substitute "2005".

Amendment of the Housing Benefit Regulations
     4. In regulation 77 of the Housing Benefit Regulations (Northern Ireland) 2006[25] (date on which change of circumstances is to take effect)—

(a) in paragraph (1) for "or regulation 8(3) of the Decisions and Appeals Regulations applies and subject to" substitute "applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations and"; and

(b) in paragraph (2) for ", except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies" substitute "and regulation 8(3) of the Decisions and Appeals Regulations".

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
     5. In regulation 57 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006[26] (date on which change of circumstances is to take effect)—

(a) in paragraph (1) for "or regulation 8(3) of the Decisions and Appeals Regulations applies and subject to" substitute "applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations and"; and

(b) in paragraph (2) for ", except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies" substitute "and regulation 8(3) of the Decisions and Appeals Regulations".

Revocation
     6. Regulation 2(3)(c) of the Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2006[27] is revoked.



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


3rd September 2007

L.S.

John O'Neill
A senior officer of the Department for Social Development

[2] S.I. 1998/1506 (N.I. 10); Article 74(1) was amended by paragraph 17(2) of Schedule 4 to the Tax Credits Act 2002back

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

[4] 2000 c. 4 (N.I.)back

[5] S.R 1987 No. 465; relevant amending Regulations are S.R. 1997 No. 156, S.R 2000 Nos. 215 and 365, S.R. 2002 No.67, S.R. 2005 No. 139 and S.R. 2006 Nos. 168 and 365back

[6] Section 36(1) was substituted by Article 51(1) of the Welfare Reform and Pension (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and amended by paragraph 70(2) of Schedule 24 to the Civil Partnership Act 2004 (c. 33)back

[7] Paragraphs (15) and (19) to (21) were added by regulation 3(4)(e) of S.R. 1997 No.156back

[8] Paragraph(19) was substituted by regulation 3(2)(a) of S.R. 2000 No. 215 and amended by regulation 2(2)(d) of S.R. 2002 No. 67 and regulation 2(3)(a) of S.R. 2006 No. 365back

[9] Paragraph(20) was substituted by regulation 2(3)(b) of S.R. 2006 No. 365back

[10] S.R.1992 No. 20; regulation 6(1) was substituted by regulation 2(2)(a) of S.R. 1992 No. 481 and regulation 7 was amended by regulation 5(3) of S.R. 1993 No. 149, regulation 2(2)(a) of S.R. 1993 No. 165, regulation 2 of S.R. 2002 No. 31, regulation 4(2)(a) of S.R. 2002 No. 132, regulation 2(2) of S.R. 2003 No. 397 and regulation 7 of S.R. 2005 No. 458back

[11] S.R. 1992 No. 32; regulation 8(1) was substituted by regulation 3(2)(a) of S.R. 1992 No. 481 and regulation 9 was amended by regulation 3(3)(b) of S.R. 1992 No. 481, regulation 4(2) of S.R. 1993 No. 149, regulation 3(2) of S.R. 1993 No. 165, paragraph 1(b) of Schedule 17 to S.R. 1994 No. 65, regulation 3(2) of S.R. 1994 No. 263, regulation 5(2)(a) of S.R. 2002 No. 132, regulation 3(2) of S.R. 2003 No. 397 and regulation 8 of S.R. 2005 No. 458back

[12] Paragraph (21) was substituted by regulation 3(2)(a) of S.R. 2000 No. 215 and amended by regulation 2(2)(e) of S.R. 2002 No. 67 and regulation 2(3)(c) of S.R. 2006 No. 365back

[13] Paragraph (30) was added by regulation 2(2)(g) of S.R. 2002 No. 67back

[14] Paragraph (33) was added by regulation 2(7)(f) of S.R. 2006 No. 168back

[15] Regulation 19 was substituted by regulation 3(7) of S.R. 1997 No. 156 and paragraph (3B) was inserted by regulation 2(2)(c) of S.R. 2005 No. 139back

[16] Paragraph (4A) was inserted by regulation 2(7)(b) of S.R. 2000 No. 365back

[17] S.R. 1999 No. 162; relevant amending Regulations are S.R. 1999 No. 267, S.R. 2000 No. 215, S.R. 2002 No. 189, S.R. 2003 No.191 and S.R. 2006 No. 365back

[18] The definition of "incapacity benefit decision" was inserted by regulation 2(2)(b) of S.R. 1999 No. 267 and amended by regulation 6(2)(b) of S.R. 2000 No. 215back

[19] S.R. 1995 No. 35back

[20] Paragraph (5) was amended by regulation 2(3) of S.R. 1999 No. 267back

[21] Paragraph (5A) was inserted by regulation 2(3)(c) S.R. 2002 No. 189back

[22] Regulation 28 was amended by regulation 4(10) of S.R. 1995 No. 149, regulation 4(9) of S.R. 1996 No. 601 and regulation 2(14) of S.R. 2000 No. 4back

[23] Sub-paragraph (bc) was inserted by regulation 3(2) of S.R. 2006 No. 365back

[24] Schedule 2B was inserted by regulation 22 of S.R. 2003 No. 191back

[25] S.R. 2006 No. 405back

[26] S.R. 2006 No. 406back

[27] S.R. 2006 No. 365back

 © Crown copyright 2007