Search Legislation

The Social Security (Northern Ireland) Order 1998

 Help about what version

What Version

 Help about advanced features

Advanced Features

More Resources

Changes to legislation:

The Social Security (Northern Ireland) Order 1998, PART V is up to date with all changes known to be in force on or before 22 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part V:

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

PART VF19N.I.MISCELLANEOUS AND SUPPLEMENTAL

F19functions transf. by SR 1999/481

Non-textual amendments applied to the whole Legislation can be found in the Introduction

Pilot schemesN.I.

73.—(1) Any regulations to which this paragraph applies may be made so as to have effect for a specified period not exceeding 12 months.

(2) Any regulations which, by virtue of paragraph (1), are to have effect for a limited period are referred to in this Article as “a pilot scheme”.

(3) A pilot scheme may provide that its provisions are to apply only in relation to—

(a)one or more specified areas or localities;

(b)one or more specified classes of person;

(c)persons selected—

(i)by reference to prescribed criteria; or

(ii)on a sampling basis.

(4) A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

(5) A pilot scheme ( “the previous scheme”) may be replaced by a further pilot scheme making the same, or similar, provision (apart from the specified period) to that made by the previous scheme.

(6) In so far as a pilot scheme would, apart from this paragraph, have the effect of—

(a)treating as capable of work any person who would not otherwise be so treated; or

(b)reducing the total amount of benefit that would otherwise be payable to any person,

it shall not apply in relation to that person.

(7) Paragraph (1) applies to—

(a)regulations made under section 167D of the Contributions and Benefits Act (incapacity for work: persons to be treated as incapable or capable of work); and

(b)in so far as they are consequential on or supplementary to any such regulations, regulations made under any of the provisions mentioned in paragraph (8).

(8) The provisions are—

(a)subsection (5)(a) of section 22 of the Contributions and Benefits Act (earnings factors);

(b)section 30C of that Act (incapacity benefit: days and periods of incapacity for work);

Sub‐para. (c) rep. by 1999 NI 11

(d)subsection (1)(e) of section 123 of that Act (income support) and, so far as relating to income support, subsection (1) of section 131 of that Act (the applicable amount);

(e)Part XIIA of that Act (incapacity for work);

(f)section 59A of the Administration Act and Article 31 (incapacity for work).

Regulations and ordersN.I.

74.F1(1) Subject to [F2paragraph (2)] [F3paragraphs (2) and (2A)] and Article 15(13), regulations under this Order shall be made by the Department.

(2) Regulations with respect to proceedings before the Commissioners (whether for the determination of any matter or for leave to appeal to or from the Commissioners) shall be made by the Lord Chancellor.

F1[F4(2A) Paragraph (1) has effect subject to any provision providing for regulations to be made by the Treasury or the Commissioners of Inland Revenue.

(2B) Powers of the Treasury or the Commissioners of Inland Revenue to make regulations under this Order are exercisable by statutory instrument.]

(3) Where a power under this Order to make regulations or an order is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(4) Powers to make regulations for the purposes of any one provision of this Order are without prejudice to powers to make regulations for the purposes of any other provision.

(5) Without prejudice to any specific provision in this Order, a power conferred by this Order to make regulations includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations to be expedient for the purposes of those regulations.

[F5(5A) The provision referred to in paragraph (5) includes, in a case where regulations under this Order require or authorise the use of electronic communications, provision referred to in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001.

(5B) For the purposes of paragraph (5A), references in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001 to an order under section 2 of that Act are to be read as references to regulations under this Order; and references to anything authorised by such an order are to be read as references to anything required or authorised by such regulations.]

(6) Without prejudice to any specific provision in this Order, a power conferred by any provision of this Order to make regulations includes power to provide for a person to exercise a discretion in dealing with any matter.

F1(7) Any power conferred by this Order to make regulations relating to housing benefit shall include power to make different provision for different areas.

(8) In this Article “Commissioner” has the same meaning as in section 167(1) of the Administration Act.

F1mod. by SI 2005/191

F2Words in art. 74(1) substituted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 17(1)(2); S.I. 2003/392, art. 2 (with art. 3)

F3Words in art. 74(1) substituted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 17(1)(2); S.I. 2003/392, art. 2 (with art. 3)

F4Art. 74(2A)(2B) inserted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 17(1)(3); S.I. 2003/392, art. 2 (with art. 3)

Modifications etc. (not altering text)

Assembly, etc. control of regulationsN.I.

75.F6(1) [F7The regulations to which this paragraph applies] [F8Where regulations specified in paragraph (2) are made by the Department, they] shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.

[F9(1A) Where regulations specified in paragraph (2) fall to be made by the Treasury or the Commissioners of Inland Revenue they shall not be made unless a draft of the instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.]

(2) [F10Paragraph (1) applies to] [F11The regulations specified in this paragraph are]regulations (whether made alone or with other regulations) under—

(a)Article 8, 13(2) [F12or (3A)] , 68 or 73; or

(b)paragraph 12 of Schedule 1, paragraph 9 of Schedule 2 or paragraph 2 of Schedule 4.

F6(3) Regulations made under this Order by the Department, other than regulations [F13to which paragraph (1) applies] [F14specified in paragraph (2)], shall be subject to negative resolution.

[F15(3A) Regulations made under this Order by the Treasury or the Commissioners of Inland Revenue, other than regulations specified in paragraph (2), shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(4) Regulations made under this Order by the [F16Department of Justice shall be subject to negative resolution].

F6mod. by SI 2005/191

F7Words in art. 75(1) substituted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(2); S.I. 2003/392, art. 2 (with art. 3)

F8Words in art. 75(1) substituted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(2); S.I. 2003/392, art. 2 (with art. 3)

F9Art. 75(1A) inserted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(3); S.I. 2003/392, art. 2 (with art. 3)

F10Words in art. 75(2) substituted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(4); S.I. 2003/392, art. 2 (with art. 3)

F11Words in art. 75(2) substituted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(4); S.I. 2003/392, art. 2 (with art. 3)

F13Words in art. 75(3) substituted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(5); S.I. 2003/392, art. 2 (with art. 3)

F14Words in art. 75(3) substituted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(5); S.I. 2003/392, art. 2 (with art. 3)

F15Art. 75(3A) inserted (26.2.2003, 1.4.2003, 7.4.2003 for certain purposes and otherwise prosp.) by Tax Credits Act 2002 (c. 21), ss. 51, 61, Sch. 4 para. 18(1)(6); S.I. 2003/392, art. 2 (with art. 3)

Reports by the DepartmentN.I.

76.[F17(1) The Department shall prepare, either annually or at such times or intervals as may be prescribed, a report on—

(a)the standards achieved by the Department in the making of decisions against which an appeal lies to an appeal tribunal constituted under Chapter 1 of Part 2;

(b)the standards of advice and assistance provided under Article 138 of the Welfare Reform (Northern Ireland) Order 2015; and

(c)the operation of sanctions.

(1A) For the purposes of paragraph (1)(c) a sanction is—

(a)the reduction in the amount of an award of universal credit, a jobseeker's allowance, income support or an employment and support allowance on account of a failure by a person to comply with any requirement or any other conduct of a person;

(b)the loss of, or reduction in the amount of, any sanctionable benefit under the Social Security Fraud Act (Northern Ireland) 2001.

(1B) A report under paragraph (1)(c) must contain details of—

(a)the number of persons affected by sanctions;

(b)the periods for which such persons are affected;

(c)the reasons for which sanctions are imposed;

(d)the benefits or allowances which are reduced or lost.]

(2) A copy of every such report shall be laid before the Assembly.

F18Transitory provisionsN.I.

77.  Schedule 5 (which contains transitory provisions) shall have effect.

F18prosp. rep. by 1998 NI 10 but rep. in force on the 29.11.99 in so far as relating to child's special allowance, income support, the social fund and recovery of benefits.

Article 78—Amendments and repeals

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.