The Social Security (Northern Ireland) Order 1998

The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)

119.  In paragraph (2) of Article 2 (interpretation) after the definition of “the Administration Act” there shall be inserted the following definition—

““appeal tribunal” means an appeal tribunal constituted under Chapter I of Part II of the Social Security (Northern Ireland) Order 1998;”.

120.—(1) For paragraph (1) of Article 12 (review of certificates of recoverable benefits) there shall be substituted the following paragraph—

“(1) Any certificate of recoverable benefits may be reviewed by the Department—

(a) either within the prescribed period or in prescribed cases or circumstances; and

(b) either on an application made for the purpose or on the Department’s own initiative.”.

(2) In paragraph (2) of that Article—

(a) the word “or” at the end of sub-paragraph (a) shall cease to have effect; and

(b) after sub-paragraph (b) there shall be added the words

“or

(c) revoke the certificate.”.

121.—(1) In paragraph (1) of Article 13 (appeals against certificates of recoverable benefits)—

(a) the word “or” at the end of sub-paragraph (a) shall cease to have effect; and

(b) after sub-paragraph (b) there shall be added the following sub-paragraphs—

“(c) that listed benefits which have not been, and are not likely to be, paid to the injured person during the relevant period have been brought into account, or

(d) that the payment on the basis of which the certificate was issued is not a payment within Article 3(1)(a).”.

(2) In paragraph (2) of that Article—

(a) the word “or” at the end of sub-paragraph (a) shall cease to have effect; and

(b) after sub-paragraph (a) there shall be inserted the following sub-paragraph—

“(aa) (in a case where that certificate was issued under Article 9(2)(a)) the person to whom it was so issued, or”.

(3) Paragraph (6) of that Article shall cease to have effect.

122.—(1) For the heading to Article 14 (reference of questions to medical appeal tribunal) there shall be substituted the following heading “Reference to appeal tribunal”.

(2) For paragraphs (1) and (2) of that Article there shall be substituted the following paragraph—

“(1) The Department shall refer an appeal under Article 13 to an appeal tribunal.”.

(3) In paragraph (3) of that Article, for the words “any question referred to it under paragraph (1)” there shall be substituted the words “any appeal under Article 13”.

(4) In paragraph (4) of that Article—

(a) for the words “a reference under paragraph (1) a medical appeal tribunal” there shall be substituted the words “an appeal under Article 13 an appeal tribunal”;

(b) the word “or” at the end of sub-paragraph (a) shall cease to have effect; and

(c) after sub-paragraph (b) there shall be added the words

“or

(c) declare that the certificate of recoverable benefits is to be revoked.”.

(5) In paragraph (5) of that Article—

(a) for the words “questions referred to the tribunal under paragraph (1),” there shall be substituted the words “appeal under Article 13,”;

(b) the word “or” at the end of sub-paragraph (a) shall cease to have effect; and

(c) after sub-paragraph (b) there shall be added the words

“or

(c) revoke the certificate.”.

(6) The following shall cease to have effect, namely—

(a) paragraph (6) of that Article;

(b) in paragraph (7) of that Article, the words “under paragraph (6)(b)”; and

(c) paragraph (8) of that Article.

123.—(1) In paragraph (1) of Article 15 (appeal to Social Security Commissioner), for the words “a medical appeal tribunal” there shall be substituted the words “an appeal tribunal”.

(2) In paragraph (2) of that Article—

(a) the word “or” at the end of sub-paragraph (b) shall cease to have effect; and

(b) after that sub-paragraph there shall be inserted the following sub-paragraph—

“(bb) (in a case where that certificate was issued under Article 9(2)(a)) the person to whom it was so issued, or”.

(3) For paragraph (3) of that Article there shall be substituted the following paragraph—

“(3) Paragraphs (7) to (13) of Article 15 of the Social Security (Northern Ireland) Order 1998 and Schedule 2 to the Administration Act apply to appeals under this Article as they apply to appeals under that Article.”.