social security Citation and commencement 1 These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2006 and shall come into operation on 2nd October 2006. Amendment of the Social Security (Claims and Payments) Regulations 2 1 The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 shall be amended in accordance with paragraphs (2) to (5). 2 In regulation 4C(11) (making a claim for state pension credit) after “month” insert “, or such longer period as the Department considers reasonable,”. 3 In regulation 6 (date of claim)— a in sub-paragraph (19)(b) for “is re-awarded” substitute “is awarded or re-awarded”; b for paragraph (20) substitute— 20 The circumstances referred to in paragraph (19) are— a that the award of the qualifying benefit has itself been terminated or reduced by means of a revision, supersession, appeal or termination of an award for a fixed period in such a way as to affect the original award; or b at the date the original award was terminated the claimant’s claim for a qualifying benefit had not been decided. ; and c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In regulation 19(7) (time for claiming benefit) after sub-paragraph (i) add— j the claimant was unable to make telephone contact with the appropriate office where he would be expected to notify his intention of making a claim because the telephone lines to that office were busy or inoperative. 5 In Schedule 8A (deductions from benefits and direct payment to third parties)— a in paragraph 5 (service charges for fuel, and rent not falling within paragraph 2(1)(a)) for sub-paragraph (7) substitute— 7 Where an amount to be paid to his or his partner’s landlord calculated in accordance with sub-paragraph (2), or the aggregate amount calculated in accordance with sub-paragraphs (2) and (5), exceeds a sum calculated in accordance with paragraph 8(3A), a determination that such aggregate amount be paid shall be made only with the consent of the beneficiary and where the beneficiary does not so consent the Department shall determine that an amount calculated in accordance with paragraph 8(3A) shall be paid. ; b in paragraph 6 (fuel costs) for sub-paragraph (5) substitute— 5 Subject to paragraph 8, where the aggregate amount calculated in accordance with sub-paragraph (2) exceeds a sum calculated in accordance with paragraph 8(3A), a determination that such aggregate amount be paid shall be made only with the consent of the beneficiary and where the beneficiary does not so consent the Department shall determine that an amount calculated in accordance with paragraph 8(3A) shall be paid. ; and c in paragraph 8 (aggregate amounts and maximum amount of payment to third parties) for sub-paragraph (3) substitute— 3 Where the maximum aggregate amount payable under paragraphs 3(2)(a), 5(2), 5(5) and 6(2) or 3(2)(a), 5(2) and 6(2) exceeds a sum calculated in accordance with sub-paragraph (3A), a determination that such aggregate amount be paid shall be made only with the consent of the beneficiary and where the beneficiary does not so consent the Department shall determine that an amount calculated in accordance with sub-paragraph (3A) shall be paid. 3A The sum referred to in sub-paragraph (3) is— a where the claimant or his partner does not receive child tax credit, 25 per cent. of the applicable amount or, as the case may be, the appropriate minimum guarantee; or b where the claimant or his partner receives child tax credit, 25 per cent. of the sum of— i the applicable amount or appropriate minimum guarantee which applies to the claimant, ii the amount of child benefit awarded to him or his partner; and iii the amount of child tax credit awarded to him or his partner under section 8 of the Tax Credits Act 2002 , and that 25 per cent. being, where it is not a whole number of pence, rounded down to the next such penny. . 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 shall be amended in accordance with paragraphs (2) and (3). 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In paragraph 3 of Schedule 2A (date from which superseding decision takes effect where a claimant is in receipt of income support or jobseeker’s allowance) after sub-paragraph (g) add— h regulation 9 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (persons in certain accommodation other than hospitals) applies, or ceases to apply, to the claimant for a period of less than one week. . Revocations 4 The Regulations specified in column (1) of the Schedule are revoked to the extent mentioned in column (3). Sealed with the Official Seal of the Department for Social Development on 11th September 2006 John O’Neill A senior officer of the Department for Social Development