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The Social Security (Northern Ireland) Order 1988

Status:

This is the original version (as it was originally made).

SCHEDULES

Article 4.

SCHEDULE 1INDUSTRIAL DEATH BENEFIT

1.  In Schedule 4 to the principal Act, in Part V, paragraphs 13(b) and 14, “£41.15” shall be substituted for “£41.70”.

2.  The repeals by the 1986 Order of the provisions mentioned in paragraph 8 of Schedule 3 to that Order other than the repeals of sections 67(2)(b) and 71 to 74 of the principal Act, shall only take effect in relation to deaths occurring on or after 11th April 1988.

3.  Section 69 of the principal Act (widower’s death benefit) shall cease to have effect except in relation to deaths before 11th April 1988.

4.  Paragraph 9 of Schedule 3 to the 1986 Order shall cease to have effect.

5.  In paragraph 10 of that Schedule—

(a)after the word “dies” there shall be inserted the words “on or after 11th April 1988”; and

(b)the following sub-paragraph shall be substituted for sub-paragraph (iv)—

(iv)a Category B retirement pension which is at the same rate as her widow’s pension or which falls within section 29(4) of the principal Act..

6.—(1) Any repeal by the 1986 Order—

(a)of a provision to which this paragraph applies; or

(b)of any part of such a provision,

shall not take effect—

(i)in relation to deaths occurring before 11th April 1988; or

(ii)for the purposes of paragraph 10 of Schedule 3 to that Order.

(2) The provisions to which this paragraph applies are—

(a)in the principal Act, sections 75(1), 90(2)(a), 107(4) and 117(4) and section 117(5)(a) and the word “and” immediately following it; and

(b)Article 8 of the Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977(1).

Article 10.

SCHEDULE 2EARNINGS FACTORS AND TRANSFER VALUES

PART IEARNINGS FACTORS

1.—(1) In section 13 of the principal Act—

(a)in subsection (5) (earnings factors to be expressed as whole numbers of pounds), after “shall”, in the first place where it occurs, insert “, subject to subsection (5ZA) below,”; and

(b)after that subsection insert the following subsection—

(5ZA) Subsection (5) above does not require earnings factors which have been revalued for the purpose of calculating guaranteed minimum pensions to be expressed as whole numbers of pounds..

(2) In Article 37(5) of the Pensions Order (earner’s guaranteed minimum), after “by” insert “the same percentage as that prescribed for the increase of earnings factors by”.

(3) This paragraph shall be deemed to have come into operation on 6th April 1979.

2.  After Article 70A of the Pensions Order insert the following Article—

Guaranteed minimum pensions attributable in part to period before 1988—1989

70B.  Where a guaranteed minimum pension is attributable in part to earnings factors for the period before the tax year 1988—1989 and in part to earnings factors for that tax year or for that tax year and subsequent tax years, the pension shall be calculated by applying Article 70A separately to the amount attributable to the period before the tax year 1988—1989 and to the amount attributable to that and subsequent tax years and then aggregating the two amounts so calculated..

PART IITRANSFER VALUES

3.  In paragraph 12 of Schedule 1A to the Pensions Order—

(a)in sub-paragraph (2), in the definition of “the relevant date”, after “means” insert “, subject to regulations under sub-paragraph (2C),”; and

(b)after sub-paragraph (2B) insert the following sub-paragraph—

(2C) Regulations—

(a)may provide that a right at the relevant date to the cash equivalent of any part of the benefits specified in sub-paragraph (1) which but for regulations under the foregoing provisions of this paragraph a member would have on the termination of his pensionable service in an employment to which a scheme applies shall, if his employment terminates at least one year before normal pension age, accrue to him on the date when it terminates and be valued accordingly; and

(b)may substitute, in relation to any case to which the regulations apply—

(i)a new definition of “the relevant date” for the definition in sub-paragraph (2), and

(ii)a new definition of “the last option date” for the definition in paragraph 15(2)..

Article 12.

SCHEDULE 3THE SOCIAL FUND

Article 33 of the 1986 Order

1.  After paragraph (2) insert the following paragraph—

(2A) Payments may also be made out of that fund, in accordance with this Part, of a prescribed amount or a number of prescribed amounts to prescribed descriptions of persons, in prescribed circumstances to meet expenses for heating which appear to the Department to have been or to be likely to be incurred in cold weather..

2.  Paragraph (3) shall cease to have effect.

3.  After paragraph (7) insert the following paragraphs—

(7A) The Department shall prepare an annual report on the social fund.

(7B) A copy of every report prepared under paragraph (7A) shall be laid before the Assembly..

4.  In paragraph (8) the words from “and” to the end shall cease to have effect.

5.  After paragraph (8) insert the following paragraphs—

(8A) The Department shall allocate amounts for payments from the social fund such as are mentioned in paragraph (2)(b) in a financial year.

(8B) The Department may specify the amounts either as sums of money or by reference to money falling into the social fund on repayment or partial repayment of loans, or partly in the former and partly in the latter manner.

(8C) Allocations—

(a)may be for payments by a particular social fund officer or group of social fund officers;

(b)may be of different amounts for different purposes;

(c)may be made at such time or times as the Department considers appropriate; and

(d)may be in addition to any other allocation to the same officer or group of officers or for the same purpose.

(8D) The Department may at any time re-allocate amounts previously allocated, and paragraphs (8B) and (8C) shall have effect in relation to a re-allocation as they have effect in relation to an allocation..

6.  After paragraph (9) add the following paragraphs—

(10) The Department may nominate for an area a social fund officer to issue general guidance to the other social fund officers in the area about such matters relating to the social fund as the Department may specify.

(11) In determining any question under Article 34 or reviewing a question under Article 35 a social fund officer shall take account (subject to any directions or guidance issued by the Department under either of those Articles) or any guidance issued by the social fund officer nominated for his area under this paragraph (10).

(12) A social fund inspector reviewing a determination shall be under the same duties in relation to such guidance as the social fund officer or inspector who made the determination..

Article 34 of the 1986 Order

7.  At the end of paragraph (1) add “in such form and manner as may be prescribed”.

8.  After paragraph (1) insert the following paragraph—

(1A) The power to make a payment out of the social fund under Article 33(2)(b) may be exercised by making a payment to a third party with a view to the third party providing, or arranging for the provision of, goods or services for the applicant..

9.  After paragraph (4) insert the following paragraph—

(4A) An award that is to be repayable shall be repayable upon such terms and conditions as before the award is paid the Department notifies to the person by or on behalf of whom the application for it was made..

10.  In paragraph (9)(e) for “(8)” substitute “(8A) to (8D)”.

11.  After paragraph (10) insert the following paragraph—

(10A) Without prejudice to the generality of paragraph (10), the power to issue general directions conferred on the Department by that paragraph includes power to direct—

(a)that in circumstances specified in the direction a social fund officer shall not determine an application and, without prejudice to the generality of this sub-paragraph, that a social fund officer shall not determine an application which is made before the end of a specified period after the making of an application by the same person for a payment such as is mentioned in Article 33(2)(b) to meet the same need and without there having been any relevant change of circumstances since the previous application;

(b)that for a category of need specified in the direction a social fund officer shall not award less than an amount specified in the direction;

(c)that for a category of need specified in the direction a social fund officer shall not award more than an amount so specified;

(d)that payments to meet a category of need specified in the direction shall in all cases or in no case be made by instalments; and

(e)that payments to meet a category of need specified in the direction shall in all cases or in no case be repayable,

and the power to issue general guidance conferred on the Department by that paragraph includes power to give social fund officers guidance as to any matter to which directions under that paragraph may relate..

Miscellaneous provisions of the 1986 Order

12.  In Article 35(1)(a) omit “to him”.

13.  In Article 52(2), 53(6) and 54(10) (claims and payments, adjudication and overpayments) after “33(2)(a)” insert “or (2A)”.

Article 16(1).

SCHEDULE 4MINOR AND CONSEQUENTIAL AMENDMENTS

The principal Act

1.  In section 17 (determination of days for which benefit is payable), after subsection (2) insert the following subsection—

(2A) Where it has been determined that a person is to be deemed in accordance with regulations to be available for employment in employed earner’s employment in respect of any day, the question of his actual availability for such employment in respect of that day may be subsequently determined on a review of the determination as to his deemed availability..

2.  In section 22 (maternity allowance)—

(a)at the end of subsection (4) add “unless the woman is disqualified for receiving a maternity allowance in respect of that day by virtue of regulations under subsection (3)(a) above”; and

(b)after that subsection insert the following subsection—

(4A) A woman who has become entitled to a maternity allowance shall cease to be entitled to it if she dies before the beginning of the maternity allowance period; and if she dies after the beginning, but before the end, of that period, the allowance shall not be payable for any week subsequent to that in which she dies..

3.  In section 44 (short-term benefit increase for adult dependants)—

(a)in subsection (1)(b), for “is not engaged in any one or more employments from which her weekly earnings” substitute “does not have weekly earnings which”; and

(b)in subsection (3)(a), for “is not engaged in any one or more employments from which his weekly earnings exceed the amount so specified” substitute “does not have weekly earnings which exceed the amount so specified”.

4.  In section 45 (pension increase (wife))—

(a)in subsection (2)(b), for “is not engaged in any one or more employments from which her weekly earnings” substitute “does not have weekly earnings which”; and

(b)in subsection (2A), the words “is engaged in any one or more employments from which she” shall cease to have effect.

5.  In section 45A (pension increase (husband))—

(a)in subsection (2)(b), for “is not engaged in any one or more employments from which his weekly earnings” substitute “does not have weekly earnings which”; and

(b)in subsection (3), the words “is engaged in any one or more employments from which he” shall cease to have effect.

6.  In subsection (4) of section 46 (pension increase (female with care of children)) the words “from employment by the pensioner” shall cease to have effect.

7.  In subsection (1)(a) of section 47 (invalidity pension (dependent relative)) for “is not engaged in any one or more employments from which he has earnings” substitute “does not have earnings”.

8.  After subsection (1) of section 50 (descriptions of industrial injuries benefits) insert the following subsection—

(1A) The benefits are—

(a)disablement benefit (including disablement pensions) payable in accordance with sections 57 to 63 below;

(b)reduced earnings allowance payable in accordance with section 59A below and Article 4 of the Social Security (Northern Ireland) Order 1988;

(c)retirement allowance payable in accordance with section 59B below;

(d)industrial death benefit, payable in accordance with sections 67 to 75 below..

9.  In section 59A (reduced earnings allowance)—

(a)in subsection (8), after “disablement pension”, in the second place where it occurs, insert “(not including increases in disablement pension under any provision of this Act)”; and

(b)after subsection (10) insert the following subsection—

(10A) In this section and section 59B below “maximum rate of a disablement pension” means the rate specified in the first entry in column (2) of Schedule 4, Part V, paragraph 3 and does not include increases in disablement pension under any provision of this Act..

10.  In section 66 (adult dependants) there shall cease to have effect—

(a)in subsection (3), the words “from any one or more employments”; and

(b)in subsection (4) the words “is engaged in any one or more employments from which he or she”.

11.  At the end of subsection (1)(c) of section 104 (review of decisions) add “or (d) the decision falls to be reviewed under section 17(2A) above,”.

The 1986 Order—statutory maternity pay

12.—(1) In Article 47(8)(e), for “paragraph (2)(a) or (b) or both” substitute “any of the provisions specified in paragraph (9)”.

(2) At the end of that Article, add the following paragraph—

(9) The provisions mentioned in paragraph (8)(e) are—

(a)paragraph (2)(a) and (b); and

(b)Article 49(2), (4) and (5)..

13.  At the end of Article 49(2) add “or the weekly rate prescribed under paragraph (3), whichever is the higher”.

14.  In Article 51(1), in the definition of “employer”, the words “and a contract of service of hers” and the words “under the contract” shall cease to have effect.

15.—(1) In paragraph 11 of Schedule 4, for “Any” substitute “Except as may be prescribed, a”.

(2) After that paragraph insert the following paragraph—

11A.(1) Regulations may provide that in prescribed circumstances a day which falls within the maternity pay period shall be treated as a day of incapacity for work for the purpose of determining entitlement to an invalidity pension.

(2) Regulations may provide that an amount equal to a woman’s statutory maternity pay for a period shall be deducted from invalidity benefit in respect of the same period and a woman shall be entitled to invalidity benefit only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it..

Other amendments of the 1986 Order

16.—(1) In paragraph (1) of Article 22 (amount etc. of income-related benefit) for “Where” substitute “Subject to paragraph (1A), where”.

(2) After that paragraph, insert the following paragraphs—

(1A) Where a person is entitled to income support for a period to which this paragraph applies, the amount payable for that period shall be calculated in such manner as may be prescribed.

(1B) Paragraph (1A) applies—

(a)to a period of less than a week which is the whole period for which income support is payable; and

(b)to any other period of less than a week for which it is payable..

17.—(1) In Article 24 (trade disputes), after paragraph (5) insert the following paragraph—

(5A) In respect of any period less than a week paragraph (5) shall have effect subject to such modifications as may be prescribed..

(2) In paragraph(6) of that Article, for “paragraph (5)” substitute “this Article”.

18.  After Article 24, insert the following Article—

Effect of return to work

24A.  If a person returns to work with the same employer after a period during which Article 24 applies to him, and whether or not his return is before the end of any stoppage of work in relation to which he is or would be disqualified for receiving unemployment benefit—

(a)that Article shall cease to apply to him at the commencement of the day on which he returns to work; and

(b)until the end of the period of 15 days beginning with that day Article 21(3) shall have effect in relation to him as if the following sub-paragraph were substituted for sub-paragraph (c)—

(c)in the case of a member of a married or unmarried couple, the other member is not engaged in remunerative work; and; and

(c)any sum paid by way of income support for that period of 15 days to him or, where he is a member of a married or unmarried couple, to the other member of that couple shall be recoverable in the prescribed manner from the person to whom it was paid or from any prescribed person or, where the person to whom it was paid is a member of a married or unmarried couple, from the other member of the couple..

19.  At the end of Article 30, add the following paragraph—

(8) Without prejudice to any other method of recovery, amounts recoverable under any statutory provision having effect in Great Britain and corresponding to this Article shall be recoverable by deduction from benefits prescribed under paragraph (7)..

20.  After Article 34(8), insert the following paragraph—

(8A) Without prejudice to any other method of recovery, awards recoverable under Part III of the Social Security Act 1986 shall be recoverable by deduction from benefits prescribed under paragraph (6), and paragraphs (7) and (8) shall have effect in relation to such awards as they have effect in relation to awards under this Part..

21.  After Article 54(7), insert the following paragraph—

(7A) Without prejudice to any other method of recovery, amounts recoverable under any statutory provision having effect in Great Britain and corresponding to a statutory provision mentioned in paragraph (7) shall be recoverable by deduction from benefits prescribed under paragraph (7)..

22.  Paragraphs 19 to 21 shall be deemed to have come into operation on 6th April 1987.

23.—(1) In sub-paragraph (c) of paragraph (10) of Article 54, before “income” insert “subject to paragraph (10A),”.

(2) After that paragraph insert the following paragraph—

(10A) This Article only applies to income support recoverable under Article 21(4E) to the extent specified in Article 21(4F) and (4G)..

Article 16(2).

SCHEDULE 5REPEALS

Chapter or NumberTitleExtent of repeal
1968 c. 26 (N.I.).The Welfare Foods Act (Northern Ireland) 1968.The whole Act.
1975 c. 15.The Social Security (Northern Ireland) Act 1975.In section 45(2A), the words “is engaged in any one or more employments from which she”.In section 45A(3), the words “is engaged in any one or more employments from which he”.In section 46(4), the words “from employment by the pensioner”.In section 47B(1), paragraph (b) and the word “and” immediately preceding it.Section 59A(11).In section 66, in subsection (3), the words “from any one or more employments” and in subsection (4), the words “is engaged in any one or more employments from which he or she”.Section 69.In Schedule 3, paragraph 1(4)(b), in paragraph 8(3), the words from “paragraph (b)”, in the first place where those words occur, to “of”, in the fourth place where it occurs, and paragraph 9.
1980 NI 8.The Social Security (Northern Ireland) Order 1980.In Schedule 1, paragraph 2.
1981 NI 26.The Magistrates' Courts (Northern Ireland) Order 1981.In Schedule 6, paragraph 83.
1985 NI 16.The Social Security (Northern Ireland) Order 1985.Article 15(4)(a).
1986 NI 18.The Social Security (Northern Ireland) Order 1986.In Article 2(2), the definition of “social fund payment”.In Article 21(6), the words “, beginning with the week in which a claim for it is made or is treated as made”.Article 24(8).In Article 33, paragraph (3), in paragraph (4), the words “Social fund” and in paragraph (8), the words “social fund”, in the second place where they occur, and the words from “and” to the end.In Article 34(1), the words “social fund”.In Article 35(1)(a), the words “to him” and the words “social fund”, in the second place where they occur.In Article 51(1), in the definition of “employer”, the words “and a contract of service of hers” and the words “under the contract”.In Article 52(2), the words “social fund”.In Article 53(6), the words “social fund”.In Article 54(10), the words “social fund”.In Schedule 3, paragraph 5(3) to (8) and paragraphs 9 and 11.
1987 NI 22.The Adoption (Northern Ireland) Order 1987.Article 47(3). The repeal of section 69 of the Social Security (Northern Ireland) Act 1975 is subject to paragraph 3 of Schedule 1.

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