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The Social Security(Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. Introductory

    1. 1.Title, citation and commencement

    2. 2.Interpretation

  3. Contributions

    1. 3.Amendments relating to primary Class 1 contributions

    2. 4.Repayment of contributions where earnings become repayable

    3. 5.Abolition of Consolidated Fund supplement to contributions

    4. 6.Earnings factors

  4. Liability to maintain children

    1. 7.Liability of parents to maintain children under the age of nineteen in respect of whom income support is paid

  5. Benefits under the principal Act

    1. 8.Benefits for women widowed before 11th April 1988

    2. 9.Abolition of earnings rule etc.

    3. 10.Mobility allowance: increase of age limit to 80 years

    4. 11.Extension to personal pensions of occupational pension provisions relating to the abatement of unemployment benefit and the meaning of “earnings”

    5. 12.Unemployment benefit: requirement to seek employment actively

    6. 13.Requalification for unemployment benefit

    7. 14.Disqualification for unemployment benefit

  6. Income-related benefits

    1. 15.Income support and unemployment

    2. 16.Housing benefit to take the form of payments or reductions

    3. 17.Housing benefit grant

    4. 18.Expenses in making transitional payments relating to income support and housing benefit

  7. Up-rating

    1. 19.Rectification of mistakes in up-rating orders

    2. 20.Effect of alteration in the component rates of income support

  8. Information and adjudication

    1. 21.Unauthorised disclosure of information relating to particular persons

    2. 22.Disclosure of information by Inland Revenue for social security purposes

    3. 23.Miscellaneous amendments relating to adjudication

  9. Recovery from damages, etc., of sums equivalent to benefit

    1. 24.Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases

  10. Occupational and personal pensions, etc.

    1. 25.Equal treatment for men and women

    2. 26.Miscellaneous amendments relating to pensions

  11. General and supplementary provisions

    1. 27.Pre-consolidation amendments

    2. 28.Application to the Crown

    3. 29.Financial provisions

    4. 30.Regulations and orders: general provisions

    5. 31.Minor and consequential amendments, repeals and transitional provisions

  12. Signature

  13. SCHEDULES

    1. SCHEDULE 1

      ABOLITION OF EARNINGS RULE, ETC.

      1. Category A and Category B retirement pensions

        1. 1.In section 27 of the principal Act, subsections (3), (4)...

        2. 2.(1) In section 30 of that Act, in subsection (3)...

      2. Deferred entitlement to retirement pension

        1. 3.(1) In Schedule 1 to the Pensions Order (deferred retirement),...

      3. Unemployment and sickness benefit

        1. 4.(1) In section 14 of the principal Act, in subsection...

      4. Invalidity pension

        1. 5.(1) In section 15 of that Act (invalidity pension), in...

      5. Category C retirement pension

        1. 6.In section 39(1)(b) of that Act (Category C pension for...

      6. Increases for dependants

        1. 7.Section 48(2) and (3) of that Act (application of earnings...

      7. Industrial injuries benefit

        1. 8.(1) In section 50A of that Act (sickness benefit in...

      8. Category B retirement pension for widower

        1. 9.(1) In Article 10 of the Pensions Order, in paragraph...

      9. Invalidity pensions for widows and widowers

        1. 10.(1) In Article 17 of that Order, in paragraph (5)...

      10. Occupational and personal pensions

        1. 11.In Article 31 of that Order (contracted-out rates of benefit),...

    2. SCHEDULE 2

      PERSONS EMPLOYED IN SOCIAL SECURITY ADMINISTRATION OR ADJUDICATION

      1. PART I THE SPECIFIED PERSONS

        1. Government departments

        2. The Inland Revenue

        3. Adjudication officers

        4. Adjudicating bodies

        5. The Occupational Pensions Board

        6. The Social Fund

        7. Former statutory bodies and officers

      2. PART II CONSTRUCTION OF REFERENCES TO GOVERNMENT DEPARTMENTS ETC.

        1. 1.(1) The reference in Part I of this Schedule to...

        2. 2.The reference in Part I of this Schedule to the...

        3. 3.The reference in Part I of this Schedule to the...

        4. 4.The reference in Part I of this Schedule to the...

    3. SCHEDULE 3

      ADJUDICATION

      1. Questions arising for determination by the Department

        1. 1.(1) In section 93 of the principal Act (questions for...

      2. Procedure on determination of claims or questions

        1. 2.At the end of section 99 of that Act (decision...

        2. 3.(1) After section 115 of that Act insert the following...

        3. 4.In Schedule 13 to that Act, in paragraph 1 (procedure...

      3. Appeals and appellate bodies

        1. 5.In section 100 of that Act (appeals to social security...

        2. 6.In section 101 of that Act (appeals from social security...

        3. 7.In section 104 of that Act (review of decisions), after...

        4. 8.In section 106 of that Act, for subsection (2) (regulations...

        5. 9.(1) In section 112A of that Act (appeals from medical...

        6. 10.In Schedule 13 to that Act (provision which may be...

      4. Review of decisions

        1. 11.(1) In section 104 of that Act (review of decisions),...

      5. Disablement benefit, etc.

        1. 12.(1) In section 108 of that Act (disablement questions), at...

        2. 13.(1) In Schedule 8 to that Act (assessment of extent...

      6. Recovery of overpayments

        1. 14.(1) In Article 54 of the 1986 Order (overpayments), after...

      7. Miscellaneous

        1. 15.In section 103 of the principal Act (reference of special...

        2. 16.In section 156 of that Act (control of regulations and...

        3. 17.In Schedule 10 to that Act (supplementary provision as to...

        4. 18.In paragraph 2(5) of Schedule 12 to that Act (chairman...

    4. SCHEDULE 4

      RECOVERY OF SUMS EQUIVALENT TO BENEFIT FROM COMPENSATION PAYMENTS IN RESPECT OF ACCIDENTS, ETC: SUPPLEMENTARY PROVISION

      1. PART I INTERPRETATION

        1. 1.(1) In this Schedule— “the recoupment provisions” means the provisions...

      2. PART II PAYMENTS, DEDUCTIONS AND CERTIFICATES

        1. Time for making payment to Department

          1. 2.The compensator’s liability to make the relevant payment arises immediately...

        2. The certificate of total benefit

          1. 3.(1) It shall be for the compensator to apply to...

        3. Exemption from deduction in cases involving small payments

          1. 4.(1) Regulations may make provision exempting persons from liability to...

        4. Multiple compensation payments

          1. 5.(1) This paragraph applies where— (a) a compensation payment has...

        5. Collaboration between compensators

          1. 6.(1) This paragraph applies where compensation payments in respect of...

        6. Structured settlements

          1. 7.(1) This paragraph applies where— (a) in final settlement of...

        7. Insolvency

          1. 8.Where the intended recipient has been adjudged bankrupt, nothing in...

        8. Protection of legal aid charges

          1. 9.(1) In any case where— (a) the compensation payment is...

        9. Overpaid benefits

          1. 10.In any case where— (a) during the relevant period, there...

        10. Death

          1. 11.In the case of any compensation payment the whole or...

        11. Payments into court

          1. 12.(1) Nothing in the recoupment provisions requires a court to...

      3. PART III ADMINISTRATION AND ADJUDICATION

        1. Provision of information

          1. 13.(1) Any person who is, or is alleged to be,...

        2. Applications for certificates of total benefit

          1. 14.(1) If at any time before he makes the compensation...

        3. Liability of compensator unenforceable if certificate not issued within time limit

          1. 15.(1) The liability of the compensator to make the relevant...

        4. Review of certificates of total benefit

          1. 16.(1) The Department may review any certificate of total benefit...

        5. Appeals

          1. 17.(1) An appeal shall lie in accordance with this paragraph...

        6. Recovery in consequence of an appeal

          1. 18.(1) Where it appears, in consequence of an appeal under...

        7. Recovery of relevant payment in cases of default

          1. 19.(1) This paragraph applies in any case where the compensator...

        8. Inspection

          1. 20.(1) Article 59 of the 1986 Order (inspection) shall be...

      4. PART IV MISCELLANEOUS

        1. Foreign compensators: duties of intended recipient

          1. 21.(1) Where, immediately before the making of the compensation payment,...

        2. Amendment of Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23)

          1. 22.(1) In section 3, in subsection (1) (which requires that,...

    5. SCHEDULE 5

      EMPLOYMENT-RELATED SCHEMES FOR PENSIONS OR OTHER BENEFITS: EQUAL TREATMENT FOR MEN AND WOMEN

      1. PART 1 COMPLIANCE BY SCHEMES

        1. Schemes to comply with the principle of equal treatment

          1. 1.Every employment-related benefit scheme shall comply with the principle of...

        2. The principle

          1. 2.(1) The principle of equal treatment is that persons of...

        3. Non-compliance: compulsory levelling up

          1. 3.(1) To the extent that any provision of an employment-related...

        4. Modification of schemes by the Occupational Pensions Board

          1. 4.(1) On an application made to them in respect of...

        5. Unfair maternity provisions

          1. 5.(1) In this Schedule “unfair maternity provisions”, in relation to...

        6. Unfair family leave provisions

          1. 6.(1) Where an employment-related benefit scheme includes any unfair family...

        7. Meaning of “employment-related benefit scheme”, etc.

          1. 7.In this Schedule— (a) “employment-related benefit scheme” means any scheme...

        8. Extension of ban on compulsory membership

          1. 8.Article 17(1) of the 1986 Order (which renders void any...

        9. Jurisdiction

          1. 9.(1) The court, on the application of any person interested,...

        10. Interpretation

          1. 10.Expressions other than “benefit” which are used in this Part...

        11. Supplemental

          1. 11.In consequence of the foregoing provisions of this Schedule the...

        12. Future repeal of actuarial provisions

          1. 12.The Department may by order repeal paragraph 2(4)(a)(i); and if...

      2. PART II AMENDMENT OF PROVISIONS RELATING TO EMPLOYMENT

        1. The Equal Pay Act (Northern Ireland) 1970 (c. 32)

          1. 13.In section 6 (equality clauses and pensions, etc.), in subsection...

        2. The Sex Discrimination (Northern Ireland) Order 1976 (NI 15)

          1. 14.(1) In Article 6(1) (victimisation of complainants, etc.)—

        3. The Industrial Relations (No. 2) (Northern Ireland) Order 1976 (NI 28)

          1. 15.In Article 28, at the end of paragraph (2)(b) (rights...

    6. SCHEDULE 6

      OCCUPATIONAL AND PERSONAL PENSIONS

      1. The Pensions Order

        1. 1.In Article 37 (earner’s guaranteed minimum), after paragraph (2) insert...

        2. 2.(1) In Article 43A (protection of earners' pensions), in paragraph...

        3. 3.(1) In Article 43B (protection of widows' pensions), in paragraph...

        4. 4.(1) In Article 43C (which, among other things, provides for...

        5. 5.(1) In Article 45 (which relates to the premium on...

        6. 6.(1) In Article 46 (premium on termination of contracted-out scheme),...

        7. 7.In Article 46A(1) (circumstances in which transfer premiums may be...

        8. 8.In Article 47(3) (election as to method of computation where...

        9. 9.In Article 53C(1) (discharge of scheme’s liability to provide benefits,...

        10. 10.Article 54 (which provides for regulations freeing earners from liability...

        11. 11.In Article 60 (modification of occupational pension schemes by order...

        12. 12.In Schedule 3 (preservation of benefit under occupational schemes)—

      2. The Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977 (NI 11)

        1. 13.In Article 17 (election as to method of computation where...

      3. The 1986 Order

        1. 14.In Article 11(4) (which specifies provisions of the Pensions Order...

        2. 15.After Article 18 insert the following Article— Reciprocity with other...

        3. 16.(1) In Schedule 1 (appropriate personal pension schemes), in sub-paragraphs...

        4. 17.(1) For paragraph 8 of that Schedule substitute the following...

      4. The Occupational Pension Schemes (Contracting-out) Regulations(Northern Ireland) 1985 (S.R. 1985 No. 259)

        1. 18.(1) In regulation 21 (additional requirement alternative to limited revaluation...

    7. SCHEDULE 7

      PRE-CONSOLIDATION AMENDMENTS

      1. The principal Act

        1. 1.(1) In section 4, for subsection (3) (persons liable to...

        2. 2.In section 7A(3) (late paid Class 2 contributions)—

        3. 3.In section 8(2C) (late paid Class 3 contributions), for “any...

        4. 4.In section 9 (Class 4 contributions recoverable under Tax Acts)—...

        5. 5.In section 12(1) (contributory benefits), for paragraph (d) substitute the...

        6. 6.In section 13(5) (earnings factors) as it has effect in...

        7. 7.In section 18(4) (unemployment benefit), for “for regulations” substitute “of...

        8. 8.In section 24 (widow’s payment), as substituted by the 1986...

        9. 9.In section 30(6)(b) (amendment of provisions relating to earnings after...

        10. 10.In section 48(3)(a) (sequence in which certain reductions of Category...

        11. 11.In section 57(4) (90 day waiting period for disablement benefit),...

        12. 12.In section 59A(1), at the end of paragraph (a) add...

        13. 13.In section 106(1)(a) (review of decisions of Attendance Allowance Board),...

        14. 14.In Schedule 3 (contribution conditions for entitlement to benefit), in...

        15. 15.In sub-paragraph (5) of paragraph 2 of Schedule 12 (constitution...

        16. 16.In Schedule 17 (glossary of expressions), in the definition of...

      2. The Pensions Order

        1. 17.(1) In Article 17 (invalidity pension for widows), after paragraph...

        2. 18.In Article 45(2A) (linked qualifying service), at the end of...

      3. Child Benefit (Northern Ireland) Order 1975 (NI 16)

        1. 19.In Article 8(1) (necessity for claim), for the words following...

      4. Social Security (Northern Ireland) Order 1982 (NI 16)

        1. 20.In Article 29 (statutory sick pay: Crown employment), at the...

        2. 21.In Article 35 (territorial waters), omit paragraph (3) (which is...

      5. The 1986 Order

        1. 22.In Article 48(7)(b)(i) (the maternity pay period), for “between the...

        2. 23.In Article 51(1) (definitions relating to statutory maternity pay), in...

        3. 24.In paragraph 3(3) of Schedule 6 (Christmas bonus for pensioners)...

    8. SCHEDULE 8

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. Earnings to include payments for restrictive undertakings

        1. 1.In section 3 of the principal Act (meaning of “earnings”),...

      2. Incapacity for work: work as councillor to be disregarded

        1. 2.(1) In determining for the purposes of—

      3. Disallowance of days of unemployment by reference to termination payments

        1. 3.In section 17 of the principal Act (determination of days...

      4. Certain benefits not payable for periods of entitlement before deemed date of entitlement

        1. 4.(1) In section 25 of that Act (widowed mother’s allowance),...

      5. Entitlement to, and right to payment of, attendance allowance

        1. 5.(1) Section 35 of that Act (attendance allowance) shall be...

      6. Severe disablement allowance: daily rates, and deduction of statutory maternity pay

        1. 6.In section 36 of that Act (severe disablement allowance), after...

      7. Dependency increases: fluctuating earnings

        1. 7.(1) In section 47 of that Act (invalidity pension: dependant...

      8. Necessity for claim

        1. 8.In section 154A(1) of the principal Act (claim necessary for...

      9. Transitional and consequential provision in regulations

        1. 9.(1) Section 155(3) of the principal Act and section 4(1)...

      10. Restriction on first up-rating of additional pension

        1. 10.In Article 11 of the Pensions Order (increase of additional...

      11. Consultations about subordinate legislation

        1. 11.(1) In section 9 of the Social Security Act 1980...

      12. Regulations relating to home responsibilities

        1. 12.Head (i) of Article 71(1)(a) of the Pensions Order (confirmatory,...

      13. Statutory sick pay: trade disputes

        1. 13.In paragraph 7 of Schedule 1 to the 1982 Order...

      14. Family credit: up-rating

        1. 14.In Article 21 of the 1986 Order (income-related benefits), in...

      15. Income support: return to work after trade dispute

        1. 15.In Article 24A of the 1986 Order (effect of person’s...

      16. Personal representatives to give information about estate

        1. 16.After Article 28 of the 1986 Order insert the following...

      17. Statutory maternity pay: employers to provide information relating to claims for certain other benefits

        1. 17.In Schedule 4 to the 1986 Order (supplementary provisions relating...

      18. Joint citations

        1. 18.In the following statutory provisions, for “Social Security (Northern Ireland)...

    9. SCHEDULE 9

      REPEALS

  14. Explanatory Note

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