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, SCHEDULE 3 is up to date with all changes known to be in force on or before 18 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 Schedule 3:

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):

Article 13(1).

SCHEDULE 3F15N.I.DECISIONS AGAINST WHICH AN APPEAL LIES

F15functions transf. by SR 1999/481

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

PART IF15N.I.BENEFIT DECISIONS

Entitlement to benefit without a claimF15N.I.

1.  In such cases or circumstances as may be prescribed, a decision whether a person is entitled to a relevant benefit for which no claim is required.N.I.

2.  If so, a decision as to the amount to which he is entitled.N.I.

Payability of benefitF15N.I.

3.  A decision whether a relevant benefit (or a component of a relevant benefit) to which a person is entitled is not payable by reason of—N.I.

(a)any provision of the Contributions and Benefits Act by which the person is disqualified for receiving benefit;

(b)regulations made under section 72(8) of that Act (disability living allowance);

(c)regulations made under section 113(2) of that Act (suspension of payment); or

F1(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(f)section [F55B,] 6, 7 or 8 of the Social Security Fraud Act (Northern Ireland) 2001.][F6;F7...

(g)section 18 of the Welfare Reform Act (Northern Ireland) 2007.]

[F8(h)regulations made under Article 90(1) or 91(1) of the Welfare Reform (Northern Ireland) Order 2015;

(i)Article 92 of that Order.]

Payments to third partiesF15N.I.

4.  Except in such cases or circumstances as may be prescribed, a decisionwhether the whole or part of a benefit to which a person is entitled is, by virtue of regulations, to be paid to a person other than him.N.I.

Recovery of benefitsF15N.I.

5.  A decision whether payment is recoverable under section 69 or 69Aof the Administration Act.N.I.

6.  If so, a decision as to the amount of payment recoverable.N.I.

[F96A.  A decision as to whether payment of housing credit (within the meaning of the State Pension Credit Act (Northern Ireland) 2002) is recoverable under section 69ZB of the Administration Act.]N.I.

F9Sch. 3 paras. 6A, 6B inserted (4.4.2016 for specified purposes, 2.5.2016 for specified purposes, 22.6.2016 otherwise except in relation to universal credit, 27.9.2017 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 109(7); S.R. 2016/46, art. 4(a); S.R. 2016/215, arts. 2(6)(b), 3(3); S.R. 2017/190, art. 3(1)(2)(e)

[F96B.  A decision as to the amount of payment recoverable under section 69ZB, 69ZG or 69ZH of the Administration Act.]N.I.

F9Sch. 3 paras. 6A, 6B inserted (4.4.2016 for specified purposes, 2.5.2016 for specified purposes, 22.6.2016 otherwise except in relation to universal credit, 27.9.2017 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 109(7); S.R. 2016/46, art. 4(a); S.R. 2016/215, arts. 2(6)(b), 3(3); S.R. 2017/190, art. 3(1)(2)(e)

[F10State pension: prisoners and overseas residentsF15N.I.

F10Sch. 3 paras. 6C, 6D and cross-heading inserted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 33

6C  A decision that a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 is not payable by reason of section 19 of that Act (prisoners).N.I.

6D  A decision that a person is not entitled to increases in the rate of a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 by reason of regulations under section 20 of that Act (overseas residents).]N.I.

Industrial injuries benefitF15N.I.

7.  A decision whether an accident was an industrial accident for the purposes of industrial injuries benefit.N.I.

F11...F15N.I.

F128.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

[F13State pension creditF15N.I.

8A.  A decision whether to specify a period as an assessed income period under section 6 of the State Pension Credit Act (Northern Ireland) 2002.N.I.

8B.  If so, a decision as to the period to be so specified.N.I.

8C.  A decision whether an assessed income period comes to an end by virtue of section 9(4) or (5) of that Act.N.I.

8D.  If so, a decision as to when the assessed income period so ends.]N.I.

Power to prescribe other decisionsF15N.I.

9.  Such other decisions relating to a relevant benefit as may be prescribed.N.I.

PART IIF15N.I.CONTRIBUTIONS DECISIONS

Categorisation of earnersF15N.I.

Para. 10 rep. by SI 1999/671

Para. 11 rep. by SI 1999/671

Compulsory contributionsF15N.I.

Para. 12 rep. by SI 1999/671

Para. 13 rep. by SI 1999/671

Voluntary contributionsF15N.I.

Para. 14 rep. by SI 1999/671

Para. 15 rep. by SI 1999/671

Responsibilities at homeF15N.I.

16.  A decision whether a person was (within the meaning of regulations) precluded from regular employment by responsibilities at home.N.I.

Earnings and contributions creditsF15N.I.

17.  A decision whether a person is entitled to be credited with earnings or contributions in accordance with regulations made under section 22(5) [F14or 5ZA] of the Contributions and Benefits Act.N.I.

Statutory sick payF15N.I.

Para. 18 rep. by SI 1999/671

Para. 19 rep. by SI 1999/671

Statutory maternity payF15N.I.

Para. 20 rep by SI 1999/671

Liability of directors, etc. for company's contributionsF15N.I.

Para. 22 rep. by SI 1999/671

Preserved rights to benefit, etc.F15N.I.

Para. 23 rep. by SI 1999/671

Employment of long-term unemployedF15N.I.

Para. 24 rep. by SI 1999/671

Interest and penaltiesF15N.I.

Para. 25 rep. by SI 1999/671

Para. 26 rep. by SI 1999/671

Para. 27 rep. by SI 1999/671

Para. 28 rep. by SI 1999/671

Power to prescribe other decisionsF15N.I.

Para. 29 rep. by SI 1999/671

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.