
2008 No. 410
HOUSING; RATES; SOCIAL SECURITY 
The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2008
Made 3rd October 2008
Coming into operation 6th October 2008

The Department for Social Development makes the following Regulations in exercise of the powers conferred by section 171(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and sections 5(1)(a) and 165(1) and (3) to (5) of the Social Security Administration (Northern Ireland) Act 1992, and now vested in it, and sections 1(5) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002.

The Social Security Advisory Committee has agreed that proposals in respect of regulations 4 and 5 should not be referred to it.
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2008 and shall come into operation on 6th October 2008.
(2) 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 Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) and (3).
(2) In regulation 19(3) (time for claiming benefit)—
(a) at the end of sub-paragraph (ga) omit “and”;
(b) in sub-paragraph (h) for “dependant.” substitute “dependant; and”, and
(c) after that sub-paragraph add—“
(i) state pension credit.”.
(3) In Schedule 4 (prescribed times for claiming benefit) omit paragraph 12.
Amendment of the State Pension Credit Regulations
3 

(1) The State Pension Credit Regulations (Northern Ireland) 2003 are amended in accordance with paragraphs (2) to (4).
(2) For regulation 3 (persons temporarily absent from Northern Ireland) substitute—“
Persons temporarily absent from Northern Ireland
3 
A claimant’s entitlement to state pension credit during periods of temporary absence from Northern Ireland is to continue for up to 13 weeks if—
(a) the period of the claimant’s absence from Northern Ireland is unlikely to exceed 52 weeks, and
(b) while absent from Northern Ireland the claimant continues to satisfy the other conditions of entitlement to state pension credit.
Persons temporarily absent from Northern Ireland on 6th October 2008
3A 
Where a claimant—
(a) is already temporarily absent from Northern Ireland on 6th October 2008;
(b) had a continuing entitlement to state pension credit immediately before that day, and
(c) while absent from Northern Ireland, continues to satisfy the other conditions of entitlement to state pension credit,the claimant’s entitlement to state pension credit is to continue during that period of absence from Northern Ireland for up to 13 weeks.”.
(3) In regulation 5 (persons treated as being or not being members of the same household)—
(a) for paragraph (1)(f) substitute—“
(f) he is absent from Northern Ireland for more than 13 weeks;”, and
(b) omit paragraph (3).
(4) In Schedule 3 (special groups) in paragraph 1(8) after “regulations” omit “3,”.
Amendment of the Housing Benefit Regulations
4 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
5 
In regulation 62 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (time and manner in which claims are to be made)—
(a) in paragraph (1) for “12 months” substitute “3 months”, and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocations
6 
The following regulations are revoked—
(a) regulation 2(4), (5)(a)(ii) and (5)(b) of the State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003;
(b) regulation 2(3) of the Social Security (Claims and Payments) (Amendment No. 2) Regulations (Northern Ireland) 2004, and
(c) regulation 5(2) of the Social Security (Young Persons) (Amendment) Regulations (Northern Ireland) 2006.
Sealed with the Official Seal of the Department for Social Development on  3rd October 2008
(L.S.)John O’Neill
A senior officer of the
Department for Social Development
