social security; HOUSING; RATES Citation and commencement 1 These Regulations may be cited as the Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2007 and shall come into operation on 24th September 2007. 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) to (5). 2 In regulation 3 (claims not required for entitlement to benefit in certain cases)— 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In regulation 6 (date of claim)— a after paragraph 15 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) — 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) — 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 or regulation 8(1) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 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) — 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) omit “not later than ten working days after the termination,”; g in paragraph (33) at the beginning insert “Subject to paragraph (34),”; and h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In regulation 19 (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) 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 are amended in accordance with paragraphs (2) to (5). 2 In regulation 1(2) (interpretation) in the definition of “incapacity benefit decision” 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 ”. 3 In regulation 3 (revision of decisions)— a in paragraph (5) — 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) 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 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 In paragraph 6 of Schedule 2B (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 (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 (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 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