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The Social Security (Northern Ireland) Order 1998

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Changes over time for: Cross Heading: Reviews of social fund determinations

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The Social Security (Northern Ireland) Order 1998, Cross Heading: Reviews of social fund determinations is up to date with all changes known to be in force on or before 23 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

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Changes and effects yet to be applied to Schedule 5 Part Crossheading Reviews-of-social-fund-determinations:

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Reviews of social fund determinationsF1N.I.

F1functions transf. by SR 1999/481

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

7.  In relation to any time before the coming into operation of Article 38, section 64 of the Administration Act (reviews) shall have effect as if—N.I.

(a)after paragraph (a) of subsection (1) there were inserted the following paragraph—

(aa)may review such a determination on the ground that the person who applied for the payment to which the determination relates misrepresented, or failed to disclose, any material fact; and ;

(b)after subsection (5) there were inserted the following subsection—

(5A) In making a determination on a review a social fund officer or a social fund inspector need not consider—

(a)in the case of a determination on a review under subsection (1)(a) above, any issue that is not raised by the application;

(b)in the case of a determination on a review under subsection (1)(aa) above, any issue that is not raised by the material fact;

(c)in the case of a determination on a review under subsection (1)(b) above, any issue that did not cause him to carry out the review. ;

(c)for subsection (6) there were substituted the following subsection—

(6) In determining a question on a review under subsection (1)(a) or (b) above a social fund officer or social fund inspector shall, subject to subsection (7) below, have regard to whichever of the following are applicable, namely—

(a)all the circumstances of the case and, in particular, the criteria specified in paragraphs (a) to (e) of subsection (1) of section 136 of the Contributions and Benefits Act;

(b)the criteria mentioned in paragraphs (a) and (b) of subsection (1A) of that section; and

(c)the criterion specified in directions issued by the Department under that subsection and the criteria mentioned in paragraph (b) of that subsection. ;

(d)in subsection (7) of that section, after the word “review” there were inserted the words “under subsection (1)(a) or (b) above”;

(e)after that subsection there were inserted the following subsections—

(7A) In making a determination on a review under subsection (1)(aa) above a social fund officer or a social fund inspector shall—

(a)act in accordance with any general directions issued by the Department; and

(b)take account of any general guidance issued by the Department.

(7B) Any reference in subsection (5A), (6), (7) or (7A) above to a determination on a review under a particular provisionof subsection(1) above shall be construed, inrelationtoa social fund inspector, as a reference to a determination on a further review of a determination which has been reviewed under that provision. ;

(f)in subsection (9), for the words “this section”, in the first place where they occur, there were substituted the words “subsection (1)(a) or (b) above”; and

(g)in subsection (10), after the word “determination”, in the first place where it occurs, there were inserted the words “which has been reviewed under subsection (1)(a) or (b) above”.

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