The Social Fund Winter Fuel Payment (Amendment) Regulations (Northern Ireland) 2024 No. 189


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Statutory Rules of Northern Ireland


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Status:

This is the original version (as it was originally made).

Statutory Rules of Northern Ireland

2024 No. 189

Social Security

The Social Fund Winter Fuel Payment (Amendment) Regulations (Northern Ireland) 2024

Made

30th October 2024

Coming into operation

21st November 2024

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 134(2) and 171(1), (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992( 1), and now vested in it( 2).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Fund Winter Fuel Payment (Amendment) Regulations (Northern Ireland) 2024 and shall come into operation on 21st November 2024.

(2) The Interpretation Act (Northern Ireland) 1954( 3) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Social Fund Winter Fuel Payment Regulations

2.—(1) The Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2024( 4) are amended as follows.

(2) In regulation 2(4) (Entitlement to a Winter Fuel Payment), in the definition for ‘Pensionable age’ for ‘Schedule 1’ substitute the words ‘Schedule 2’.

(3) In regulation 5(2) (Making a Winter Fuel Payment without a claim), after the words “the Commissioners for His Majesty’s Revenue and Customs” insert “, the Social Security Commissioners”.

Sealed with the Official Seal of the Department for Communities on 30th October 2024.

(L.S.)

David Tarr

A senior officer of the Department for Communities

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2024 ( S.R. 2024 No. 160) (“ the 2024 Regulations”) to correct minor errors in those Regulations.

Regulation 2(4) of the 2024 Regulations provides that the Department must pay a Winter Fuel Payment to anyone who has reached State Pension age by the end of qualifying week, is resident in Northern Ireland and in receipt of Pension Credit or other qualifying benefit. Regulation 2(4) of the 2024 Regulations is amended to correct a mistake in the definition of ‘pensionable age’.

Regulation 5(2) of the 2024 Regulations makes provision that allows the Department to pay a winter fuel payment to a person who appears to be entitled to a payment under regulation 2 of the 2024 Regulations. Regulation 5(2) of the 2024 Regulations is amended to insert reference to the Social Security Commissioners, which had been erroneously omitted from the 2024 Regulations.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 150(1)(a) 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.

( 1)

1992 c. 7;seesection 134(4) for the definition of ‘prescribed’.

( 2)

SeeArticle 8(b) of S.R. 1999 No. 481.


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