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The Social Security (Northern Ireland) Order 1998

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II DECISIONS AND APPEALS

    1. CHAPTER I GENERAL

      1. Decisions

        1. 3.Transfer of functions to the Department

        2. 4.Use of computers

      2. Appeals

        1. 5.Unified appeal tribunals

        2. 6.President of appeal tribunals

        3. 7.Panel for appointment to appeal tribunals

        4. 8.Constitution of appeal tribunals

    2. CHAPTER II SOCIAL SECURITY DECISIONS AND APPEALS

      1. Decisions

        1. 9.Decisions by the Department

        2. 10.Revision of decisions

        3. 11.Decisions superseding earlier decisions

        4. 12.Regulations with respect to decisions

      2. Appeals

        1. 13.Appeal to appeal tribunal

        2. 14.Redetermination, etc. of appeals by tribunal

        3. 15.Appeal from tribunal to Commissioner

      3. Procedure, etc.

        1. 16.Procedure

        2. 17.Finality of decisions

        3. 18.Matters arising as respects decisions

      4. Medical examinations

        1. 19.Medical examination required by the Department

        2. 20.Medical examination required by appeal tribunal

      5. Suspension and termination of benefit

        1. 21.Suspension in prescribed circumstances

        2. 22.Suspension and termination for failure to furnish information, etc.

        3. 23.Termination in cases of failure to furnish information

        4. 24.Suspension and termination for failure to submit to medical examination

      6. Decisions and appeals dependent on other cases

        1. 25.Decisions involving issues that arise on appeal in other cases

        2. 26.Appeals involving issues that arise on appeal in other cases

      7. Cases of error

        1. 27.Restrictions on entitlement to benefit in certain cases of error

        2. 28.Correction of errors and setting aside of decisions

      8. Industrial accidents

        1. 29.Decision that accident is an industrial accident

        2. 30.Effect of decision

      9. Other special cases

        1. 31.Incapacity for work

        2. 32.Industrial diseases

        3. 33.Christmas bonus

      10. Housing benefit

        1. 34.Determination of claims and reviews

        2. 35.Suspension of benefit in prescribed circumstances

      11. Social fund payments

        1. 36.Appropriate officers

        2. 37.The social fund Commissioner and inspectors

        3. 38.Reviews of determinations

      12. Supplemental

        1. 39.Interpretation, etc. of Chapter II

    3. CHAPTER III CHILD SUPPORT DECISIONS AND APPEALS

      1. 40.Child support: revision of decisions

      2. 41.Child support: decisions superseding earlier decisions

      3. 42.Child support: appeals to appeal tribunals

      4. 43.Child support: decisions and appeals dependent on other cases

      5. 44.Child support: cases of error

  4. PART III CONTRIBUTIONS

    1. Amendments of the Contributions and Benefits Act

      1. 45.Apportionment of payments, etc. made for more than one earner

      2. 46.Payments on account of directors' contributions

      3. 47.Payments treated as remuneration and earnings

      4. 48.Class 1 contributions

      5. 49.Class 1A contributions

      6. 50.Class 1B contributions

      7. 51.Contributions paid in error

      8. 52.Recovery of primary Class 1 contributions by secondary contributors

      9. 53.Contributions returns

      10. 54.Collection of contributions by the Department

      11. 55.Interest and penalties chargeable concurrently with Inland Revenue

    2. Amendments of the Administration Act

      1. 56.Breach of regulations

      2. 57.Offences and penalties relating to contributions

      3. 58.Evidence of non-payment

      4. 59.Recovery of contributions, etc.

      5. 60.Liability of directors, etc. for company’s contributions

      6. 61.Class 1B contributions: supplemental

      7. 62.Payments of certain contributions out of the Consolidated Fund

  5. PART IV BENEFITS

    1. Amendments, etc. of the Contributions and Benefits Act

      1. 63.Daily rate of maternity allowance

      2. 64.Rates of short-term incapacity benefit

      3. 65.Validation of certain housing benefit determinations

      4. 66.Discretionary payments out of the social fund

      5. 67.Budgeting loans: criteria for making awards

      6. 68.Power to reduce child benefit for lone parents

      7. 69.Statutory sick pay not precluded by maternity allowance

    2. Amendments of the Administration Act

      1. 70.Provision of information

      2. 71.Overpayments out of the social fund

      3. 72.Power to anticipate pensions up-rating order

  6. PART V MISCELLANEOUS AND SUPPLEMENTAL

    1. 73.Pilot schemes

    2. 74.Regulations and orders

    3. 75.Assembly, etc. control of regulations

    4. 76.Reports by the Department

    5. 77.Transitory provisions

    6. 78.Minor and consequential amendments and repeals

  7. Signature

  8. SCHEDULES

    1. SCHEDULE 1

      APPEAL TRIBUNALS: SUPPLEMENTARY PROVISIONS

      1. Tenure of office

        1. 1.(1) Subject to the following provisions of this paragraph, the...

      2. Remuneration, etc.

        1. 2.The Department may pay, or make such payments towards the...

        2. 3.The Department may pay, or make such payments towards the...

        3. 4.(1) The Department may pay— (a) to any person required...

        4. 5.(1) Subject to sub-paragraph (2), the Department may pay such...

      3. Officers and staff

        1. 6.The Department may appoint such officers and staff as it...

      4. Functions of President

        1. 7.The President shall ensure that appropriate steps are taken by...

        2. 8.(1) The President shall, after the requisite consultation, arrange such...

        3. 9.The President shall supply the Department with such reports and...

        4. 10.Each year the President shall make to the Department a...

      5. Clerks to appeal tribunals

        1. 11.The Department may by regulations provide— (a) for clerks to...

      6. Delegation of certain functions of appeal tribunals

        1. 12.(1) The Department may by regulations provide—

      7. Certificates

        1. 13.A document bearing a certificate which— (a) is signed by...

    2. SCHEDULE 2

      DECISIONS AGAINST WHICH NO APPEAL LIES

      1. Jobseeker’s allowance for persons under 18

        1. 1.Inrelationtoa personwho has reached the age of 16 but not...

      2. Christmas bonus

        1. 2.A decision whether a personis entitled topayment under section 144of...

      3. Priority between persons entitled to invalid care allowance

        1. 3.A decision as to the exercise of the discretion under...

      4. Priority between persons entitled to child benefit

        1. 4.A decision as to the exercise of the discretion under...

      5. Persons treated as if present in Northern Ireland

        1. 5.A decision whether to certify, in accordance with regulations made...

      6. Alteration of rates of benefit

        1. 6.A decision as to the amount of benefit to which...

      7. Increases in income support or income-based jobseeker’s allowance due to attainment of particular ages

        1. 7.A decision as to the amount of benefit to which...

      8. Reduction in accordance with reduced benefit direction

        1. 8.A decision to reduce the amount of a person’s benefit...

      9. Power to prescribe other decisions

        1. 9.Such other decisions as may be prescribed.

    3. SCHEDULE 3

      DECISIONS AGAINST WHICH AN APPEAL LIES

      1. PART I BENEFIT DECISIONS

        1. Entitlement to benefit without a claim

          1. 1.In such cases or circumstances as may be prescribed, a...

          2. 2.If so, a decision as to the amount to which...

        2. Payability of benefit

          1. 3.A decision whether a relevant benefit (or a component of...

        3. Payments to third parties

          1. 4.Except in such cases or circumstances as may be prescribed,...

        4. Recovery of benefits

          1. 5.Adecision whether payment is recoverable under section 69 or 69Aof...

          2. 6.If so, a decision as to the amount of payment...

        5. Industrial injuries benefit

          1. 7.A decision whether an accident was an industrial accident for...

        6. Jobseekers' agreements

          1. 8.A decision in relation to a jobseeker’s agreement as proposed...

        7. Power to prescribe other decisions

          1. 9.Such other decisions relating to a relevant benefit as may...

      2. PART II CONTRIBUTIONS DECISIONS

        1. Categorisation of earners

          1. 10.A decision whether a person is an earner.

          2. 11.If so, a decision as to the category of earners...

        2. Compulsory contributions

          1. 12.A decision whether a person is liable to pay contributions...

          2. 13.If so, a decision as to the amount that the...

        3. Voluntary contributions

          1. 14.A decision whether a person is entitled to pay contributions...

          2. 15.If so, a decision as to the amount that the...

        4. Responsibilities at home

          1. 16.A decision whether a person was (within the meaning of...

        5. Earnings and contributions credits

          1. 17.A decision whether a person is entitled to be credited...

        6. Statutory sick pay

          1. 18.A decision whether an employer is entitled to make any...

          2. 19.If so, a decision as to the amount that he...

        7. Statutory maternity pay

          1. 20.A decision whether an employer is entitled to make any...

          2. 21.If so, a decision as to the amount that he...

        8. Liability of directors, etc. for company’s contributions

          1. 22.Subject to the provisions of section 115C of the Administration...

        9. Preserved rights to benefit, etc.

          1. 23.A decision falling to be made by virtue of regulations...

        10. Employment of long-term unemployed

          1. 24.A decision falling to be made under Article 29 of...

        11. Interest and penalties

          1. 25.A decision whether a person is liable to pay interest...

          2. 26.A decision whether a person is liable to a penalty...

          3. 27.A decision whether to charge any interest or penalty under...

          4. 28.Adecisionas tothe amount of interest or penaltypayable under anyof the...

        12. Power to prescribe other decisions

          1. 29.Such other decisions relating to contributions as may be prescribed....

    4. SCHEDULE 4

      REGULATIONS AS TO PROCEDURE: PROVISION WHICH MAY BE MADE

      1. 1.Provision prescribing the procedure to be followed in connection with—...

      2. 2.Provision as to the striking out or reinstatement of proceedings....

      3. 3.Provision as to the form which is to be used...

      4. 4.Provision as to the time within which, or the manner...

      5. 5.Provision for summoning persons to attend and give evidence or...

      6. 6.Provisionwithrespect tothe procedure to be followed on appeals to and...

      7. 7.Provision for authorising an appeal tribunal consisting of two or...

      8. 8.Provision for empowering an appeal tribunal to give directions for...

      9. 9.Provision for the non-disclosure to a person of the particulars...

    5. SCHEDULE 5

      TRANSITORY PROVISIONS

      1. Constitution of appeal tribunals

        1. 1.In relation to any time before the coming into operation...

      2. Claims no longer subsisting after decisions made

        1. 2.In relation to any time before the coming into operation...

      3. Appeals to tribunals

        1. 3.(1) In relation to appeals brought after the coming into...

      4. Appeals to Commissioners

        1. 4.(1) In relation to any time before the coming into...

      5. Suspension of benefit in prescribed circumstances

        1. 5.(1) In relation to any time before the coming into...

      6. Restrictions on entitlement in certain cases of error

        1. 6.In relation to applications under section 24(1) or 28 of...

      7. Reviews of social fund determinations

        1. 7.In relation to any time before the coming into operation...

      8. Overpayments out of the social fund

        1. 8.In relation to any time before the coming into operation...

      9. Child support: appeals to tribunals

        1. 9.In relation to appeals brought after the coming into operation...

    6. SCHEDULE 6

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. The Army Act 1955 (c. 18)

        1. 1.In subsection (3) of section 150AA (enforcement of maintenance assessment...

      2. The Air Force Act 1955 (c. 19)

        1. 2.In subsection (3) of section 150AA (enforcement of maintenance assessment...

      3. The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

        1. 3.(1) In Part II of Schedule 1 (bodies of which...

      4. The Forfeiture (Northern Ireland) Order 1982 (NI 14)

        1. 4.In paragraph (2)(b) of Article 6 (Social Security Commissioner to...

      5. The Child Support (Northern Ireland) Order 1991 (NI 23)

        1. 5.In paragraph (2) of Article 2 (interpretation)—

        2. 6.In Article 6 (welfare of children: the general principle), the...

        3. 7.In paragraph (4) of Article 7 (child support maintenance), the...

        4. 8.In paragraph (9) of Article 9 (applications by those receiving...

        5. 9.In paragraphs (1) and (2) of Article 10 (role of...

        6. 10.(1) In paragraph (4)(a) of Article 12 (relationship between maintenance...

        7. 11.(1) In paragraph (1) of Article 13 (maintenance assessments), for...

        8. 12.(1) For paragraphs (1) and (1A) of Article 14 (interim...

        9. 13.Article 15 (child support officers) shall cease to have effect....

        10. 14.In Article 16 (information required by the Department)—

        11. 15.In paragraph (1) of Article 17 (powers of inspectors), the...

        12. 16.(1) In paragraph (1) of Article 25 (appeal to Child...

        13. 17.In paragraph (1) of Article 27 (disputes about parentage), for...

        14. 18.In paragraph (1)(b) of Article 28 (reference to court for...

        15. 19.For paragraph (4) of Article 28A (application for a departure...

        16. 20.(1) Paragraphs (4) and (5) of Article 28B (preliminary consideration...

        17. 21.In paragraphs (1)(b) and (3) of Article 28D (determination of...

        18. 22.In paragraph (6) of Article 28F (departure directions), for the...

        19. 23.Paragraph (1) of Article 28G (effect and duration of departure...

        20. 24.For Article 28H there shall be substituted the following Article—...

        21. 25.After paragraph (2) of Article 40 (contribution to maintenance by...

        22. 26.In paragraph (1) of Article 41 (jurisdiction), for the words...

        23. 27.(1) In paragraph (1)(a) of Article 42 (jurisdiction of courts...

        24. 28.(1) In paragraph (2) of Article 43 (failure to comply...

        25. 29.After Article 43 there shall be inserted the following Articles—...

        26. 30.In paragraph (5) of Article 46 (unauthorised disclosure of information),...

        27. 31.In paragraph (2) of Article 47 (supplementary powers to make...

        28. 32.(1) In paragraph 8 of Schedule 1 (housing costs), for...

        29. 33.Schedule 2 (provision of information to the Department) shall cease...

        30. 34.Schedule 3 (child support appeal tribunals) shall cease to have...

        31. 35.(1) In paragraph 1(2)(a) of Schedule 4 (proceedings before Child...

        32. 36.(1) In paragraph 1 of Schedule 4A (interpretation), the definition...

        33. 37.After Schedule 4B there shall be inserted the following Schedule—...

      6. The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

        1. 38.(1) In subsection (2) of section 1 (outline of contributory...

        2. 39.After subsection (2) of section 6 (liability for Class 1...

        3. 40.(1) In subsection (5) of section 10 (Class 1A contributions),...

        4. 41.After subsection (3) of section 14 (restriction on right to...

        5. 42.After subsection (5) of section 21 (contribution conditions) there shall...

        6. 43.In subsection (4)(a) of section 22 (earnings factors), for the...

        7. 44.In subsection (2) of section 54 (Category A and Category...

        8. 45.In subsection (5)(c) of section 95 (relevant employments), after the...

        9. 46.In subsection (1)(b) of section 97 (accidents in course of...

        10. 47.In subsection (2) of section 109 (general provisions relating to...

        11. 48.In subsection (3) of section 113 (general provisions as to...

        12. 49.In subsection (2) of section 116 (Her Majesty’s forces), for...

        13. 50.In subsection (1) of section 117 (mariners, airmen, etc.), for...

        14. 51.In section 119 (persons outside Northern Ireland), for the words...

        15. 52.In subsection (1) of section 121 (interpretation of Parts I...

        16. 53.(1) For subsection (1) of section 135 (awards by social...

        17. 54.(1) In subsection (1) of section 136 (principles of determination),...

        18. 55.In subsection (1) of section 159 (interpretation of Part XI...

        19. 56.In subsection (1) of section 167 (interpretation of Part XII,...

        20. 57.In subsection (2) of section 167E (incapacity for work: disqualification,...

        21. 58.(1) In the heading to Schedule 1 (supplementary provisions relating...

      7. The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

        1. 59.In subsection (2) of section 3 (late claims for widowhood...

        2. 60.(1) In subsection (1) of section 5 (regulations about claims...

        3. 61.In section 22 (appeal from Commissioners on point of law)—...

        4. 62.(1) In subsection (2) of section 69 (overpayments – general),...

        5. 63.In subsection (1) of section 69A (recovery of jobseeker’s allowance:...

        6. 64.Subsection (4) of section 110 (legal proceedings) shall cease to...

        7. 65.For section 111 there shall be substituted the following section—...

        8. 66.Subsection (2) of section 113 (recovery of unpaid contributions on...

        9. 67.(1) In subsection (1) of section 114 (proof of previous...

        10. 68.In subsections (1) and (2) of section 115 (unpaid contributions...

        11. 69.After subsection (7) of section 116C (supply of information to...

        12. 70.In subsection (6A) of section 117 (unauthorised disclosure of information...

        13. 71.In subsection (1) of section 118 (regulations as to notification...

        14. 72.In section 129 (amendments following alterations in Great Britain), for...

        15. 73.In subsection (2) of section 139 (effect of alteration in...

        16. 74.In subsection (3) of section 139A (effect of alteration of...

        17. 75.In subsection (2) of section 140 (implementation of increases in...

        18. 76.In subsection (2) of section 140A (implementation of increases in...

        19. 77.(1) After subsection (2) of section 142 (destination of contributions)...

        20. 78.(1) In subsection (4) of section 143 (general financial arrangements),...

        21. 79.Subsection (5)(a) of section 144 (destination of repayments, etc.) shall...

        22. 80.(1) In subsection (3)(a) of section 147 (allocations from social...

        23. 81.In subsection (5) of section 149 (functions of Social Security...

        24. 82.In subsection (4) of section 153 (co-ordination with Great Britain)—...

        25. 83.(1) In subsection (1) of section 154 (reciprocal arrangements with...

        26. 84.(1) In subsection (3)(a) of section 155 (reciprocal agreements with...

        27. 85.In section 156 (payment of travelling expenses by Department)—

        28. 86.In subsection (6) of section 165 (regulations and orders –...

        29. 87.In subsection (1) of section 167 (interpretation)—

        30. 88.(1) For the heading to Schedule 2 (commissioners, tribunals, etc....

        31. 89.In Part I of Schedule 4 (persons employed in social...

        32. 90.In paragraph 1(7) of Schedule 6 (old cases payments administration),...

        33. 91.(1) In sub-paragraph (1) of paragraph 2 of Schedule 7...

      8. The Judicial Pensions and Retirement Act 1993 (c. 8)

        1. 92.(1) In Part II of Schedule 1 (other appointments), for...

        2. 93.(1) In Schedule 5 (retirement provisions: the relevant offices), for...

      9. The Pension Schemes (Northern Ireland) Act 1993 (c. 49)

        1. 94.In subsection (2) of section 4 (meaning of “contracted-out employment”,...

        2. 95.For subsections (1) and (1A) of section 37 (reduced rates...

        3. 96.For subsections (1) and (2) of section 38A (reduced rates...

        4. 97.In subsection (6)(c) of section 154 (disclosure of information between...

        5. 98.(1) In subsection (3) of section 163 (application of general...

        6. 99.For section 165 there shall be substituted the following section—...

        7. 100.(1) In subsection (1) of section 166 (questions arising in...

      10. The Jobseekers (Northern Ireland) Order 1995 (NI 15)

        1. 101.In paragraph (2) of Article 2 (interpretation)—

        2. 102.After paragraph (3) of Article 4 (the contribution-based conditions) there...

        3. 103.(1) In paragraph (6) of Article 8 (availability for employment)—...

        4. 104.In paragraph (7) of Article 9 (actively seeking employment)—

        5. 105.(1) In paragraph (6) of Article 11 (the jobseeker’s agreement),...

        6. 106.(1) In paragraph (5) of Article 12 (variation of jobseeker’s...

        7. 107.Article 13 (jobseeker’s agreement: reviews and appeals) shall cease to...

        8. 108.(1) In paragraph (3) of Article 18 (severe hardship), for...

        9. 109.(1) In paragraph (2)(b) of Article 19 (reduced payments), for...

        10. 110.(1) In paragraph (3) of Article 21 (circumstances in which...

        11. 111.In paragraph (2)(b)(ii) of Article 22 (exemptions from Article 21),...

        12. 112.In paragraphs (1) and (2) of Article 32 (termination of...

        13. 113.In paragraph (3) of Article 37 (Assembly, etc. control), after...

        14. 114.In paragraph 10(2) of Schedule 1 (supplementary provisions), for the...

      11. The Ombudsman (Northern Ireland) Order 1996 (NI 8)

        1. 115.In Schedule 3 (tribunals referred to in Article 9(4))—

      12. The Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)

        1. 116.At the end of Article 17(2) (social security: amendments following...

      13. The Employment Rights (Northern Ireland) Order 1996 (NI 16)

        1. 117.In paragraph (5) of Article 11 (employment abroad etc.) for...

      14. The Industrial Tribunals (Northern Ireland) Order 1996 (NI 18)

        1. 118.In paragraph (4) of Article 18 (power to provide for...

      15. The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)

        1. 119.In paragraph (2) of Article 2 (interpretation) after the definition...

        2. 120.(1) For paragraph (1) of Article 12 (review of certificates...

        3. 121.(1) In paragraph (1) of Article 13 (appeals against certificates...

        4. 122.(1) For the heading to Article 14 (reference of questions...

        5. 123.(1) In paragraph (1) of Article 15 (appeal to Social...

    7. SCHEDULE 7

      REPEALS

  9. Explanatory Note

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