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The Social Security(Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

General and supplementary provisions

Pre-consolidation amendments

27.—(1) The statutory provisions mentioned in Schedule 7 shall have effect subject to the amendments there specified, being amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of statutory provisions relating to social security or pensions.

(2) The amendment by that Schedule of any statutory provision which takes effect by virtue of any order or regulations shall not be taken to have prejudiced any power to make further orders or regulations revoking or amending that statutory provision.

Application to the Crown

28.  The provisions of Article 24 and Schedule 4 shall apply in relation to the making of a compensation payment by the Crown as they apply in relation to the making of such a payment by any other compensator, within the meaning of that Article.

Financial provisions

29.—(1) There shall be paid out of the National Insurance Fund into the Consolidated Fund, at such times and in such manner as the Department of Finance and Personnel may direct, such sums as the Department may estimate (in accordance with any directions given by the Department of Finance and Personnel) to be the amount of the administrative expenses incurred by the Department under Articles 3 to 6, 8, 9, 11 to 14 and 24 excluding any category of expenses or payments which the Department of Finance and Personnel may direct, or any statutory provision may require, to be excluded from the Department’s estimates under this paragraph.

(2) Any sums paid to the Department in pursuance of Article 24 shall be paid—

(a)into the Consolidated Fund, to the extent that the Department estimates that those sums relate to payments out of money appropriated by Measure; and

(b)into the National Insurance Fund, to the extent that the Department estimates that they relate to payments out of that Fund.

(3) Any expenses of the Department in making payments under paragraph 4, 16 or 18 of Schedule 4 shall be paid—

(a)out of money appropriated by Measure, to the extent that the Department estimates that those payments relate to sums paid into the Consolidated Fund; and

(b)out of the National Insurance Fund, to the extent that the Department estimates that they relate to sums paid into that Fund.

(5) In this Article “the National Insurance Fund” means the Northern Ireland National Insurance Fund.

Regulations and orders: general provisions

30.—(1) Subject to the following provisions of this Article, subsections (1) to (3A) of section 155 of the principal Act shall apply in relation to any power conferred by any provision of this Order to make regulations or an order as they apply in relation to any power conferred by that Act to make regulations or an order, but as if for references to that Act there were substituted references to this Order.

(2) Section 156(1) of the principal Act shall apply to—

(a)the first regulations made under section 17 of the principal Act by virtue of Article 12,

(b)the first regulations made by virtue of Article 14,

(c)the first regulations made under Article 21 of the 1986 Order by virtue of Article 15,

(d)the first regulations prescribing relevant benefits for the purposes of Article 24,

(e)the first regulations made under section 59B(7) of the principal Act (retirement allowance) by virtue of paragraph 8(6) of Schedule 1,

(f)the first regulations made under Article 4 of the Social Security (Northern Ireland) Order 1988(1) (reduced earnings allowance, etc.) by virtue of paragraph 8(7) of Schedule 1,

(g)the first regulations made under paragraph 4 of Schedule 4,

(h)any regulations made under paragraph 21(2) of Schedule 4,

and any regulations contained in a statutory rule which includes any regulations to which the foregoing sub-paragraphs apply.

(3) All regulations and orders made under this Order, other than those to which paragraph (2) applies and orders under Article 1(2), shall be subject to negative resolution.

(4) Section 156(4) of the principal Act and Article 81(4) of the 1986 Order (regulations subject to negative resolution) shall not apply in relation to—

(a)any regulations to which sub-paragraph (a), (b), (c) or (e) of paragraph (2) applies; or

(b)any regulations contained in a statutory rule which includes any regulations to which sub-paragraph (a), (b), (c) or (e) of paragraph (2) applies.

(5) Any power to make—

(a)regulations prescribing relevant benefits for the purposes of Article 24, or

(b)regulations under paragraph 4 of Schedule 4,

shall be exercisable with the consent of the Department of Finance and Personnel.

(6) A power conferred by this Order to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Department of Finance and Personnel, shall if the Department of Finance and Personnel so directs, be exercisable only in conjunction with it.

(7) Nothing in this Article applies to orders of the Occupational Pensions Board under Schedule 5.

Minor and consequential amendments, repeals and transitional provisions

31.—(1) The statutory provisions mentioned in Schedule 8 shall have effect with the amendments there specified (being minor amendments and amendments consequential on provisions of this Order).

(2) The statutory provisions mentioned in Schedule 9 (which include some that are spent or of no further practical utility) are repealed to the extent specified in the third column of that Schedule.

(3) The Department may by regulations make—

(a)such transitional provision,

(b)such consequential provision, or

(c)such savings,

as it considers necessary or expedient in preparation for or in connection with the coming into operation of any provision of this Order or the operation of any statutory provision repealed or amended by a provision of this Order during any period when the repeal or amendment is not wholly in operation.

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