
2005 No. 122
SOCIAL SECURITY
The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2005
Made 16th March 2005
Coming into operation in accordance with regulation 1(1)
The Department for Social Development, in exercise of the powers conferred by sections 5(1)(a) to (c) and (g), and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992, and now vested in it, 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 (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation –
(a) for the purposes of this regulation and regulation 2(1) and (2), on 6th April 2005,
(b) for the purposes of regulation 3, on 6th July 2005, and
(c) for all other purposes, on 6th April 2006.
(2) In these Regulations “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987.
(3) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Social Security (Claims and Payments) Regulations
2 

(1) The Claims and Payments Regulations shall be amended in accordance with paragraphs (2) to (5).
(2) Before regulation 16 there shall be inserted the following regulation –“
Advance claim for pension following deferment
15B. 
Where a person’s entitlement to a Category A or Category B retirement pension is deferred in accordance with section 55(3) of the Contributions and Benefits Act (pension increase or lump sum where entitlement to retirement pension is deferred) a claim for –
(a) a Category A or Category B retirement pension; and
(b) any increase in that pension,may be made any time not more than 4 months before the date on which the period of deferment, within the meaning of that section, ends.”.
(3) In regulation 19(3) (time for claiming benefit) sub-paragraphs (c) and (f) shall be omitted.
(4) In regulation 30 (payments on death) –
(a) at the beginning of paragraph (5) there shall be inserted “Subject to paragraphs (5A) to (5F),”; and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In Schedule 4 (prescribed times for claiming benefit) after paragraph 12, there shall be added the following paragraphs –“

13. 
Retirement pension of any category. As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.

14. 
Graduated retirement benefit. As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 12 months immediately following it.”.
Transitional provisions
3 

(1) A claim for a retirement pension of any category or graduated retirement benefit made during the period from 6th April 2005 to 5th April 2006 in respect of any day in that period shall be treated as made on that day if on that day, apart from satisfying the condition of making a claim, the claimant satisfies the other conditions of entitlement for that pension or benefit or both.
(2) Where paragraph (1) applies regulation 19 of the Claims and Payments Regulations (time for claiming benefit) shall not apply.
(3) This regulation shall not apply to claims for a Category A or Category B retirement pension or graduated retirement benefit made in accordance with regulation 30(5) of the Claims and Payments Regulations (payments on death).
Sealed with the Official Seal of the Department for Social Development on 16th March 2005.
John O'Neill
A senior officer of the
Department for Social Development
