The Social Security and Child Support (Decisions and Appeals) (Amendment No. 3) Regulations (Northern Ireland) 1999

Citation and commencement

1.  These Regulations may be cited as the Social Security and Child Support (Decisions and Appeals) (Amendment No. 3) Regulations (Northern Ireland) 1999 and shall come into operation on 5th July 1999.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

2.—(1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (interpretation) after the definition of “referral” there shall be added the following definition—

““the Transfer of Functions Order” means the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999(2).”.

(3) After regulation 11 (Department to determine certain matters) there shall be inserted the following regulation—

“Issues for decision by officers of the Inland Revenue

11A.— (1) Where, on consideration of any claim or other matter, it appears to the Department that an issue arises which, by virtue of Article 7 of the Transfer of Functions Order, falls to be decided by an officer of the Board, it shall refer that issue to the Board.

(2) Where—

(a) the Department has decided any claim or other matter on an assumption of facts—

(i) as to which there appeared to it to be no dispute, but

(ii) concerning which, had an issue arisen, that issue would have fallen, by virtue of Article 7 of the Transfer of Functions Order, to be decided by an officer of the Board;

(b) an application for revision or supersession is made in relation to the decision on that claim or other matter; and

(c) it appears to the Department on consideration of the application that such an issue arises,

it shall refer that issue to the Board.

(3) Pending the final decision on any issue which has been referred to the Board in accordance with paragraph (1) or (2), the Department may—

(a) determine any other issue arising on consideration of the claim or other matter or, as the case may be, on the application;

(b) seek a preliminary opinion of the Board on the issue referred and decide the claim or other matter or, as the case may be, the application in accordance with that opinion on that issue; or

(c) defer making any decision on the claim or other matter or, as the case may be, the application.

(4) On receipt by the Department of the final decision on an issue which has been referred to the Board in accordance with paragraph (1) or (2), it shall—

(a) in a case to which paragraph (3)(b) applies—

(i) consider whether the decision ought to be revised under Article 10 or superseded under Article 11, and

(ii) if so, revise it or, as the case may be, make a further decision which supersedes it; or

(b) in a case to which paragraph (3)(a) or (c) applies, decide the claim or other matter or, as the case may be, the application,

in accordance with the final decision on the issue so referred.

(5) In paragraphs (3) and (4) “final decision” means the decision of an officer of the Board under Article 7 of the Transfer of Functions Order or the determination of any appeal in relation to that decision.”.

(4) After regulation 38 (consideration and determination of appeals and referrals) there shall be inserted the following regulation—

“Appeals raising issues for decision by officers of the Inland Revenue

38A.— (1) Where, on consideration of any appeal, it appears to an appeal tribunal that an issue arises which, by virtue of Article 7 of the Transfer of Functions Order, falls to be decided by an officer of the Board, the tribunal shall—

(a) refer the appeal to the Department pending the decision on that issue by an officer of the Board; and

(b) require the Department to refer that issue to the Board,

and the Department shall refer that issue accordingly.

(2) Pending the final decision on any issue which has been referred to the Board in accordance with paragraph (1), the Department may revise the decision under appeal, or make a further decision superseding that decision, in accordance with its determination of any issue other than one which has been so referred.

(3) On receipt by the Department of the final decision on an issue which has been referred to the Board in accordance with paragraph (1), it shall consider whether the decision under appeal ought to be revised under Article 10 or superseded under Article 11, and—

(a) if so, revise it or, as the case may be, make a further decision which supersedes it; or

(b) if not, forward the appeal to the appeal tribunal for determination in accordance with the final decision on the issue so referred.

(4) In paragraphs (2) and (3), “final decision” has the same meaning as in regulation 11A(5).”.

(5) In regulation 41 (medical examination required by appeal tribunal)—

(a) in paragraph (a) sub-paragraph (v) shall be omitted;

(b) after paragraph (d) there shall be inserted the following paragraph—

“(dd) is whether a person is incapable of work for the purposes of the Contributions and Benefits Act;”; and

(c) paragraph (e) shall be omitted.

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

L.S.

John O'Neill

Assistant Secretary

15th June 1999.