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The Social Security(Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

Article 27(1).

SCHEDULE 7PRE-CONSOLIDATION AMENDMENTS

The principal Act

1.—(1) In section 4, for subsection (3) (persons liable to pay Class 1 contributions) substitute the following subsection—

(3) The primary and secondary contributions referred to in subsection (2) above are payable as follows—

(a)the primary contribution shall be the liability of the earner; and

(b)the secondary contribution shall be the liability of the secondary contributor,

but nothing in this subsection shall prejudice the provisions of paragraph 3 of Schedule 1 to this Act relating to the manner in which the earner’s liability falls to be discharged..

(2) In subsection (6C) of that section (amount of secondary Class 1 contribution), for “the amount of a secondary Class 1 contribution” substitute “where a secondary Class 1 contribution is payable, the amount of that contribution”.

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

(a)omit “Class 2” in each place where it occurs;

(b)for “from the week” substitute “beginning with the week”; and

(c)for “to the day” substitute “and ending with the day”.

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

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

(a)in subsection (1), after “payable”, where first occurring, insert “for any tax year”;

(b)in that subsection, for the words from “any year” to “1975” substitute “the year of assessment corresponding to that tax year”; and

(c)after that subsection insert the following paragraph—

For the purposes of this section the year of assessment which corresponds to a tax year is the year of assessment (within the meaning of the Tax Acts) which consists of the same period as that tax year..

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

(d)maternity allowance (with increase for adult dependants).

6.  In section 13(5) (earnings factors) as it has effect in relation to tax years before 1987—88, for “shall be derived” substitute “may be derived”.

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

8.  In section 24 (widow’s payment), as substituted by the 1986 Order, add the following subsection at the end—

(3) A widow’s payment is payable only in cases where the husband dies after the coming into operation of Article 37 of the Social Security (Northern Ireland) Order 1986..

9.  In section 30(6)(b) (amendment of provisions relating to earnings after retirement age), for “36(5)” substitute “36(8)”.

10.  In section 48(3)(a) (sequence in which certain reductions of Category A pensions are to be made), for “45(3)” substitute “45(2A)”.

11.  In section 57(4) (90 day waiting period for disablement benefit), for “Disablement benefit shall not be available to a person” substitute “A person shall not be entitled to disablement benefit”.

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

13.  In section 106(1)(a) (review of decisions of Attendance Allowance Board), for “paragraph or paragraph (b) below” substitute “subsection”.

14.  In Schedule 3 (contribution conditions for entitlement to benefit), in paragraph 8 (satisfaction in early years), in sub-paragraph (1), after “short-term benefit” insert “or a widow’s payment”.

15.  In sub-paragraph (5) of paragraph 2 of Schedule 12 (constitution of medical appeal tribunals), for “to the panel mentioned in sub-paragraph (4)” substitute “chairman of a tribunal under sub-paragraph (4)(a)”.

16.  In Schedule 17 (glossary of expressions), in the definition of “week” omit “midnight between Saturday and”.

The Pensions Order

17.—(1) In Article 17 (invalidity pension for widows), after paragraph (1) insert the following paragraph—

(1A) This Article does not apply to a woman unless—

(a)her husband died after 5th April 1979; or

(b)she ceased to be entitled to a widowed mother’s allowance after that date (whenever her husband died)..

(2) In consequence of sub-paragraph (1), paragraph 17 of Schedule 1 to the Social Security (Northern Ireland) Order 1979(1) shall cease to have effect.

18.  In Article 45(2A) (linked qualifying service), at the end of sub-paragraph (a) insert “and”.

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

19.  In Article 8(1) (necessity for claim), for the words following “claims it” substitute “in the manner, and within the time, prescribed in relation to child benefit by regulations under Article 52 of the Social Security (Northern Ireland) Order 1986”.

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

20.  In Article 29 (statutory sick pay: Crown employment), at the end add the following paragraphs—

(3) For the purposes of this Article Her Majesty’s forces shall be taken to consist of such establishments and organisations as may be prescribed by regulations made by the Secretary of State, being establishments and organisations in which persons serve under the control of the Defence Council.

(4) The following provisions, namely—

  • section 155(8) of the principal Act (regulation-making power exercisable by statutory instrument, etc.); and

  • section 142(5) of the Social Security Act 1975 (application of provision relating to Parliamentary control of statutory instruments),

as they apply to regulations made by the Secretary of State under section 123(3) of the principal Act, apply also to regulations made by him under paragraph (3)..

21.  In Article 35 (territorial waters), omit paragraph (3) (which is spent) and paragraph (4) ( which is of no further practical utility).

The 1986 Order

22.  In Article 48(7)(b)(i) (the maternity pay period), for “between the 11th and 6th weeks before” substitute “during the period beginning with the 11th week, and ending with the 7th week, before”.

23.  In Article 51(1) (definitions relating to statutory maternity pay), in the definition of “week” omit “midnight between Saturday and”.

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

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