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	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Social Security (Claims and Payments and Payments on account, Overpayments and Recovery) (Amendment) Regulations (Northern Ireland) 2005 No. 14 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050014.html

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(a) in paragraph (1)[4] at the beginning there shall be inserted "Subject to paragraphs (10) and (11),"; and

(b) after paragraph (10)[5] there shall be added the following paragraphs -

    " (11) A claim for graduated retirement benefit or retirement pension may be made by telephone call to the telephone number specified by the Department, unless the Department directs, in any particular case, that the claim must be made in writing.

    (12) A claim made by telephone in accordance with paragraph (11) is defective unless the Department is provided, during that telephone call, with all the information it requires to determine the claim.

    (13) Where a claim made by telephone is defective, the Department may refer the claim to the person making it.

    (14) If the person corrects the defect within one month, or such longer period as the Department considers reasonable, of the date it referred the claim to the person, the Department shall treat the claim as if it had been duly made in the first instance.".

    (3) In regulation 5(1) (amendment and withdrawal of claim) after "office" there shall be inserted "except where the claim was made by telephone in accordance with regulation 4(11), where the amendment may be made by telephone,".

    (4) In regulation 6(1)[6] (date of claim) after sub-paragraph (b) there shall be added the following sub-paragraphs -

" (c) in the case of a claim made by telephone in accordance with regulation 4(11), the date of that telephone call;

(d) in the case of a claim made by telephone which is defective but which is treated under regulation 4(14) as having been duly made, the date of that telephone call.".

Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations
     3. In regulation 11(2) of the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988[7] (recovery of overpayments by automated or other direct credit transfer) for sub-paragraph (b) there shall be substituted the following sub-paragraph -

" (b) notice of the effect which this regulation would have, in the event of an overpayment, was given to the beneficiary or to a person acting for him-


(i) in writing, where the claim was made in writing; or

(ii) either orally or in writing, where the claim was made by telephone,



before he agreed to the arrangement.".

Sealed with the Official Seal of the Department for Social Development on


13th January 2005.

L.S.

John O'Neill
A senior officer of the Department for Social Development

[2] See Article 8(b) of S.R. 1999 No. 481back

[3] S.R. 1987 No. 465; relevant amending regulations are S.R. 1992 No. 83, S.R. 1997 No. 156, S.R. 2001 No. 176 and S.R. 2003 No. 191back

[4] Paragraph (1) was amended by regulation 7(3) of S.R. 1992 No. 83 and regulation 3(3)(a) of S.R. 1997 No. 156back

[5] Paragraph (10) was added by regulation 4(1) of S.R. 2003 No. 191back

[6] Paragraph (1) was amended by regulation 3(4)(a) of S.R. 1997 No. 156 and paragraph 3 of Schedule 3 to S.R. 2001 No. 176back

[7] S.R. 1988 No. 142; to which there are amendments not relevant to these regulationsback

  © Crown copyright 2005