Social Security Citation, commencement and interpretation 1 1 These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) (Amendment) Regulations (Northern Ireland) 2011 and shall come into operation on 23rd March 2011. 2 In these Regulations “the principal Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005 . 3 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Amendment of the principal Regulations 2 1 The principal Regulations are amended in accordance with paragraphs (2) to (4) (but subject to regulation 3). 2 In Part II, before regulation 5 insert— Persons to be treated as responsible for children 4A 1 For the purposes of this Part, subject to paragraph (4), a person (“P”) is to be treated as responsible for a child if paragraph (2) or (3) applies. 2 This paragraph applies if— a P is receiving child benefit in respect of the child, unless P is a child in respect of whom another person is receiving child benefit; or b no one is receiving child benefit in respect of the child but the child usually lives with P. 3 This paragraph applies where P is receiving child benefit in respect of a child who is in receipt of child benefit in respect of another child, in which case P is to be treated as responsible for both children. 4 P is not to be treated as responsible for a child if the child is— a being looked after by a authority within the meaning given by Article 2 of the Children Order unless the child usually lives with P; or b detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court. . 3 In regulation 5 (entitlement)— a in paragraph (1) for “regulation 6” substitute “ regulations 5A and 6”; b for paragraph (3)(b) substitute— b the child’s parents are not partners at the date of the claim and the claimant— i is the parent (but not the mother) of the child (who must not exceed the age of twelve months at the date of the claim), or is responsible for that parent, and ii is responsible for the child; . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions 3 1 The amendments made by regulation 2(3)(a) and (4) do not apply in a case where any of paragraphs (2) to (7) apply. 2 This paragraph applies in a case where— a the claimant falls within regulation 5(3)(a) of the principal Regulations; b the claim is made before C’s birth; c the claim is made before 11th April 2011; and d the expected date of confinement is before 11th April 2011. 3 This paragraph applies in a case where— a the claimant falls within regulation 5(3)(a) or (b) of the principal Regulations; b the claim is made after C’s birth; and c C is born before 11th April 2011. 4 This paragraph applies in a case where— a the claimant falls within regulation 5(3)(c) of the principal Regulations; and b the qualifying order is made before 11th April 2011. 5 This paragraph applies in a case where— a the claimant falls within regulation 5(3)(d) of the principal Regulations; and b the appointment as guardian takes effect before 11th April 2011. 6 This paragraph applies in a case where— a the claimant falls within regulation 5(3)(e) of the principal Regulations; and b the child is placed for adoption with the claimant or the claimant’s partner by virtue of an order freeing a child for adoption before 11th April 2011. 7 This paragraph applies in a case where— a the claimant falls within regulation 5(3)(f) of the principal Regulations; and b the adoption referred to in that provision takes effect before 11th April 2011. 8 In this regulation— a “C” means the child or still-born child in respect of whom a Sure Start Maternity Grant is claimed; and b “child”, “claimant”,“confinement” , “guardian” , “qualifying order” , “order freeing a child for adoption” , “still-born child” and “Sure Start Maternity Grant” have the meanings given in regulation 2(1) of the principal Regulations. Amendment of the Social Security (Claims and Payments) Regulations 4 In paragraph 8 of Schedule 4 to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (prescribed times for claiming benefit) for sub-paragraph (b) substitute— b in a case where regulation 5(3)(b) of the 2005 Regulations applies, with the date on which the claimant becomes responsible for the child and ending 3 months after that date. . Sealed with the Official Seal of the Department for Social Development on 21st March 2011 (L.S.) Anne Mc Cleary A senior officer of the Department for Social Development