The Social Security (National Insurance Number Information: Exemption) Regulations (Northern Ireland) 1997

Link to law: http://www.legislation.gov.uk/nisr/1997/483/made/data.htm?wrap=true
Published: 1997-11-10

Statutory Rules of Northern Ireland
1997 No. 483

SOCIAL SECURITY
The Social Security (National Insurance Number Information: Exemption) Regulations (Northern Ireland) 1997

Made
10th November 1997

Coming into operation
1st December 1997

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 1(1C), 165(1), (3) and (4) of the Social Security Administration (Northern Ireland) Act 1992(1) and of all other powers enabling it in that behalf, by this statutory rule which contains only regulations made consequential upon Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997(2), hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (National Insurance Number Information: Exemption) Regulations (Northern Ireland) 1997 and shall come into operation on 1st December 1997.

(2) For the purposes of any regulation introduced by regulations 2 to 9, 12 and 14 of these Regulations, “the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992.

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

Amendment of the Social Security (Guardian’s Allowances) Regulations

2.  In the Social Security (Guardian’s Allowances) Regulations (Northern Ireland) 1975(4) after regulation 1 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

1A.  Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to guardian’s allowance.”.

Amendment of the Social Security (Invalid Care Allowance) Regulations

3.  In the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976(5) after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A.  Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)to a child in respect of whom an increase of invalid care allowance is claimed;

(b)to any claim for invalid care allowance made or treated as made before 9th February 1998;

(c)to an adult dependant in respect of whom a claim for an increase of invalid care allowance is made or treated as made before 5th October 1998.”.

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations

4.—(1) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979(6) shall be amended in accordance with paragraphs (2) and (3).

(2) After regulation 1 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act for the purposes of retirement pension

1A.  Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)to a child in respect of whom an increase of retirement pension is claimed;

(b)to an adult dependant in respect of whom a claim for an increase of retirement pension is made or treated as made before 5th October 1998.”.

(3) After regulation 16 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act for the purposes of widowed mother’s allowance

16A.  Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to a child in respect of whom an increase of widowed mother’s allowance is claimed.”.

Amendment of the Social Security (Severe Disablement Allowance) Regulations

5.  In the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984(7) after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A.  Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)to a child in respect of whom an increase of severe disablement allowance is claimed;

(b)to an adult dependant in respect of whom a claim for an increase of severe disablement allowance is made or treated as made before 5th October 1998.”.

Amendment of the Social Security (Maternity Allowance) Regulations

6.  In the Social Security (Maternity Allowance) Regulations (Northern Ireland) 1987(8) after regulation 1 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

1A.  Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply in relation to an adult dependant in respect of whom a claim for an increase of maternity allowance is made or treated as made before 5th October 1998.”.

Amendment of the Income Support (General) Regulations

7.  In the Income Support (General) Regulations (Northern Ireland) 1987(9) after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A.  Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)to a child or young person in respect of whom income support is claimed;

(b)to a partner in respect of whom a claim for income support is made or treated as made before 5th October 1998.”.

Amendment of the Housing Benefit (General) Regulations

8.  In the Housing Benefit (General) Regulations (Northern Ireland) 1987(10) after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A.  Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to housing benefit.”.

Amendment of the Family Credit (General) Regulations

9.  In the Family Credit (General) Regulations (Northern Ireland) 1987(11) after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A.  Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)to a child or young person in respect of whom family credit is claimed;

(b)to any claim for family credit made or treated as made before 9th February 1998;

(c)to a partner in respect of whom a claim for family credit is made or treated as made before 5th October 1998.”.

Amendment of the Social Security (Attendance Allowance) Regulations

10.  In the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992(12) after regulation 1 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

1A.  Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to any claim for attendance allowance made or treated as made before 9th February 1998.”.

Amendment of the Social Security (Disability Living Allowance) Regulations

11.  In the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(13) after regulation 1 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

1A.  Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)to a person under the age of 16;

(b)to any claim for disability living allowance made or treated as made before 9th February 1998.”.

Amendment of the Disability Working Allowance (General) Regulations

12.  In the Disability Working Allowance (General) Regulations (Northern Ireland) 1992(14) after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A.  Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)to a child or young person in respect of whom disability working allowance is claimed;

(b)to any claim for disability working allowance made or treated as made before 9th February 1998;

(c)to a partner in respect of whom a claim for disability working allowance is made or treated as made before 5th October 1998.”.

Amendment of the Social Security (Incapacity Benefit) Regulations

13.  In the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994(15) after regulation 1 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

1A.  Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)to a child in respect of whom an increase of incapacity benefit is claimed;

(b)to an adult dependant in respect of whom a claim for an increase of incapacity benefit is made or treated as made before 5th October 1998.”.

Amendment of the Jobseeker’s Allowance Regulations

14.  In the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(16) after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A.  Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)to a child or young person in respect of whom jobseeker’s allowance is claimed;

(b)to any claim for jobseeker’s allowance made or treated as made before 5th October 1998.”.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.
D. A. Baker
Assistant Secretary
10th November 1997.

Explanatory Note

(This note is not part of the Regulations.)
These Regulations further amend the Social Security (Guardian’s Allowances) Regulations (Northern Ireland) 1975, the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976, the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979, the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984, the Social Security (Maternity Allowance) Regulations (Northern Ireland) 1987, the Income Support (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Family Credit (General) Regulations (Northern Ireland) 1987, the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992, the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992, the Disability Working Allowance (General) Regulations (Northern Ireland) 1992, the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996.
These Regulations provide that certain benefits and certain categories of person are exempt from section 1(1A) of the Social Security Administration (Northern Ireland) Act 1992 (“the Administration Act”); section 1(1A) provides that, when benefit is claimed, information must be supplied relating to the national insurance number of the person claiming benefit and any other person in respect of whom benefit is claimed. These Regulations specify that some of the exemptions will apply for a limited period; where no time limit is specified the exemption applies indefinitely.
These Regulations are made in consequence of Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (“the Order”) which inserted subsection (1C) into section 1 of the Administration Act. The Social Security Administration (Fraud) (Commencement No. 3) Order (Northern Ireland) 1997 (S.R. 1997 No. 480 (C. 28)) provides for the coming into operation of Article 18 of the Order, for the purposes only of authorising the making of regulations on 7th November 1997 and for all other purposes, on 1st December 1997. As these Regulations are made before the end of a period of 6 months from the commencement of the said Article, they are, accordingly exempt, by virtue of section 150(5)(b) of the Administration Act, from reference to the Social Security Advisory Committee.


(1)
1992 c. 8; sub-sections (1A) to (1C) of section 1 were inserted by Article 18 of the Social Security Administration (Fraud) (Nothern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11))

(2)
S.I. 1997/1182 (N.I. 11)

(3)
1954 c. 33 (N.I.)

(4)
S.R. 1975 No. 98

(5)
S.R. 1976 No. 99

(6)
S.R. 1979 No. 243

(7)
S.R. 1984 No. 317

(8)
S.R. 1987 No. 170

(9)
S.R. 1987 No. 459

(10)
S.R. 1987 No. 461

(11)
S.R. 1987 No. 463

(12)
S.R. 1992 No. 20

(13)
S.R. 1992 No. 32

(14)
S.R. 1992 No. 78

(15)
S.R. 1994 No. 461

(16)
S.R. 1996 No. 198
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