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The Social Security (Northern Ireland) Order 1998

Status:

This is the original version (as it was originally made).

Article 78(1).

SCHEDULE 6MINOR AND CONSEQUENTIAL AMENDMENTS

The Army Act 1955 (c. 18)

1.  In subsection (3) of section 150AA (enforcement of maintenance assessment by deductions from pay)—

(a)for the words “a child support officer” there shall be substituted the words “the Department of Health and Social Services for Northern Ireland”; and

(b)for the words “the Department of Health and Social Services for Northern Ireland” there shall be substituted the words “that Department”.

The Air Force Act 1955 (c. 19)

2.  In subsection (3) of section 150AA (enforcement of maintenance assessment by deductions from pay)—

(a)for the words “a child support officer” there shall be substituted the words “the Department of Health and Social Services for Northern Ireland”; and

(b)for the words “the Department of Health and Social Services for Northern Ireland” there shall be substituted the words “that Department”.

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

3.—(1) In Part II of Schedule 1 (bodies of which all members are disqualified), the following entry shall cease to have effect, namely—

A Medical Appeal Tribunal constituted for the purposes of Part II of the Social Security Administration (Northern Ireland) Act 1992 including any panel constituted for the purposes of any such Tribunal..

(2) In Part III of that Schedule (other disqualifying offices), in the entry relating to an adjudicating medical practitioner or specially qualified adjudicating medical practitioner, the words “appointed under or by virtue of Part II of the Social Security Administration (Northern Ireland) Act 1992” shall cease to have effect.

(3) In that Part of that Schedule, the following entries shall cease to have effect, namely—

Full-time chairman of a child support appeal tribunal established under Article 23 of the Child Support (Northern Ireland) Order 1991;

Full-time Chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals for Northern Ireland.; and

President of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals for Northern Ireland..

(4) In that Part of that Schedule, there shall be inserted at the appropriate places the following entries—

Member of a panel of persons appointed under Article 7 of the Social Security (Northern Ireland) Order 1998.; and

President of appeal tribunals (within the meaning of Chapter I of Part II of the Social Security (Northern Ireland) Order 1998) appointed under Article 6 of that Order..

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

4.  In paragraph (2)(b) of Article 6 (Social Security Commissioner to decide whether rule applies to social security benefits), for the words “section 57 of the Social Security Administration (Northern Ireland) Act 1992” there shall be substituted the words “Article 16 of the Social Security (Northern Ireland) Order 1998”.

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

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

(a)the following definition shall be inserted at the appropriate place—

“appeal tribunal” means an appeal tribunal constituted under Chapter I of Part II of the Social Security (Northern Ireland) Order 1998;; and

(b)the definitions of “adjudication officer”, “Chief Child Support Officer”, “child support appeal tribunal” and “child support officer” shall cease to have effect.

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

(a)“or any child support officer”;

(b)“or the child support officer”; and

(c)“or his”,

shall cease to have effect.

7.  In paragraph (4) of Article 7 (child support maintenance), the words “or the child support officer” shall cease to have effect.

8.  In paragraph (9) of Article 9 (applications by those receiving benefit), the words “or the child support officer” shall cease to have effect.

9.  In paragraphs (1) and (2) of Article 10 (role of the courts with respect to maintenance for children), for the words “a child support officer” there shall be substituted the words “the Department”.

10.—(1) In paragraph (4)(a) of Article 12 (relationship between maintenance assessments and certain court orders and related matters)—

(a)for the words “the child support officer concerned” there shall be substituted the words “the Department”; and

(b)for the words “that officer” there shall be substituted the word “it”.

(2) In paragraph (5) of that Article, for the words “a child support officer” there shall be substituted the words “an officer of the Department”.

11.—(1) In paragraph (1) of Article 13 (maintenance assessments), for the words “referred by it to a child support officer whose duty it shall be to deal with the application” there shall be substituted the words “dealt with by it”.

(2) In paragraph (1A) of that Article, for the words “before referring the application to a child support officer” there shall be substituted the words “before determining the application”.

12.—(1) For paragraphs (1) and (1A) of Article 14 (interim maintenance assessments) there shall be substituted the following paragraph—

(1) Where the Department

(a)is required to make a maintenance assessment; or

(b)is proposing to make a decision under Article 18 or 19,

and (in either case) it appears to the Department that it does not have sufficient information to enable it to do so, the Department may make an interim maintenance assessment..

(2) In paragraph (4) of that Article—

(a)for the words “a child support officer” there shall be substituted the words “the Department”; and

(b)for the word “his” there shall be substituted the word “its”.

(3) In paragraph (5) of that Article—

(a)for the words “a child support officer” there shall be substituted the words “the Department”; and

(b)for the word “he” there shall be substituted the word “it”.

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

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

(a)paragraphs (2), (2A) and (4) shall cease to have effect; and

(b)in paragraph (3), the words “or by child support officers” shall cease to have effect and for the word “them” there shall be substituted the word “it”.

15.  In paragraph (1) of Article 17 (powers of inspectors), the words “or any child support officer” shall cease to have effect.

16.—(1) In paragraph (1) of Article 25 (appeal to Child Support Commissioner), for the words “a child support appeal tribunal, and any child support officer” there shall be substituted the words “an appeal tribunal, and the Department”.

(2) Paragraph (1A) of that Article shall cease to have effect.

(3) In paragraph (3) of that Article—

(a)for the words “the child support appeal tribunal” there shall be substituted the words “the appeal tribunal”;

(b)for the words “a child support appeal tribunal”, in both places where they occur, there shall be substituted the words “an appeal tribunal”; and

(c)for the words “a child support officer” there shall be substituted the words “the Department”.

(4) For paragraph (4) of that Article there shall be substituted the following paragraph—

(4) The reference under paragraph (3) to the Department shall, subject to any direction of the Child Support Commissioner, be to an officer of the Department, or to a person providing it with services, who has taken no part in the decision originally appealed against..

(5) In paragraph (5) of that Article, for the words “a child support appeal tribunal” there shall be substituted the words “an appeal tribunal”.

(6) In paragraph (6)(a) of that Article—

(a)for the words “who was the chairman of the child support appeal tribunal” there shall be substituted the words “who constituted, or was the chairman of, the appeal tribunal”; and

(b)for the words “such other chairman of a child support appeal tribunal” there shall be substituted the words “such other person”.

(7) In paragraph (8) of that Article, for the words “a child support officer”, in both places where they occur, there shall be substituted the words “the Department”.

17.  In paragraph (1) of Article 27 (disputes about parentage), for the words “the child support officer concerned” there shall be substituted the words “the Department”.

18.  In paragraph (1)(b) of Article 28 (reference to court for declaration of parentage), for the words “a child support officer to whom the case is referred” there shall be substituted the words “the Department”.

19.  For paragraph (4) of Article 28A (application for a departure direction) there shall be substituted the following paragraph—

(4) An application may be made under this Article even though an application has been made under Article 18(1) or 19(1) with respect to the current assessment..

20.—(1) Paragraphs (4) and (5) of Article 28B (preliminary consideration of applications) shall cease to have effect.

(2) For paragraph (6) of that Article there shall be substituted the following paragraph—

(6) Where a decision as to a maintenance assessment is revised or superseded under Article 18 or 19, the Department—

(a)shall notify the applicant and such other persons as may be prescribed that the decision has been revised or superseded; and

(b)may direct that the application is to lapse unless, before the end of such period as may be prescribed, the applicant notifies the Department that he wishes it to stand..

21.  In paragraphs (1)(b) and (3) of Article 28D (determination of applications), for the words “a child support appeal tribunal” there shall be substituted the words “an appeal tribunal”.

22.  In paragraph (6) of Article 28F (departure directions), for the words “a child support officer to make” there shall be substituted the words “the making of”.

23.  Paragraph (1) of Article 28G (effect and duration of departure directions) shall cease to have effect.

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

Departure directions: decisions and appeals

28H.  Schedule 4C shall have effect for applying Articles 18, 19, 22 and 28ZA to 28ZC to decisions with respect to departure directions..

25.  After paragraph (2) of Article 40 (contribution to maintenance by deduction from benefit) there shall be added the following paragraph—

(3) Schedule 4C shall have effect for applying Articles 18, 19, 22 and 28ZAto 28ZCto any decision with respect to a person’s liability under this Article, that is to say, his liability to make payments under regulations made by virtue of this Article..

26.  In paragraph (1) of Article 41 (jurisdiction), for the words “A child support officer” there shall be substituted the words “The Department”.

27.—(1) In paragraph (1)(a) of Article 42 (jurisdiction of courts in certain proceedings under this Order), for the words “a child support appeal tribunal” there shall be substituted the words “an appeal tribunal”.

(2) In paragraph (3) of that Article, for the words “child support appeal tribunals” there shall be substituted the words “appeal tribunals”.

28.—(1) In paragraph (2) of Article 43 (failure to comply with obligations imposed by Article 9)—

(a)for the words “A child support officer” there shall be substituted the words “The Department”; and

(b)for the word “him” there shall be substituted the words “the Department”.

(2) In paragraph (3) of that Article, for the words “the child support officer” there shall be substituted the words “the Department”.

(3) In paragraphs (4) to (6) of that Article—

(a)for the words “the child support officer” there shall be substituted the words “the Department”; and

(b)for the word “he” there shall be substituted the word “it”.

(4) For paragraphs (7) and (8) of that Article there shall be substituted the following paragraph—

(7) Schedule 4C shall have effect for applying Articles 18, 19, 22 and 28ZA to 28ZC to decisions with respect to reduced benefit directions..

(5) In paragraph (11) of that Article, in the definition of “reduced benefit direction”, the words “, binding on the adjudication officer,” shall cease to have effect.

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

Finality of decisions

43A.(1) Subject to the provisions of this Order, any decision of the Department or an appeal tribunal made in accordance with the foregoing provisions of this Order shall be final.

(2) If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of—

(a)further such decisions;

(b)decisions made in accordance with Articles 9 to 16 of the Social Security (Northern Ireland) Order 1998 or section 22 of the Social Security Administration (Northern Ireland) Act 1992, or with regulations under Article 12 of that Order; and

(c)decisions made under the Vaccine Damage Payments Act 1979.

Matters arising as respects decisions

43B.(1) Regulations may make provision as respects matters arising pending—

(a)any decision of the Department under Article 13, 14 or 19;

(b)any decision of an appeal tribunal under Article 22; or

(c)any decision of a Child Support Commissioner under Article 25.

(2) Regulations may also make provision as respects matters arising out of the revision under Article 18, or on appeal, of any such decision as is mentioned in paragraph (1).

(3) Any reference in this Article to Article 18, 19 or 22 includes a reference to that Article as extended by Schedule 4C..

30.  In paragraph (5) of Article 46 (unauthorised disclosure of information), in sub-paragraph (c), after the words “other officer of,” there shall be inserted the words “an appeal tribunal or”.

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

(a)in sub-paragraph (a), for head (iii) there shall be substituted the following head—

(iii)the making of decisions under Article 18 or 19;; and

(b)in sub-paragraph (b), for the words “Article 20 or 21” there shall be substituted the words “Schedule 4C”.

32.—(1) In paragraph 8 of Schedule 1 (housing costs), for the words “a child support officer” there shall be substituted the words “the Department”.

(2) In paragraph 9(b) of that Schedule (regulations about income and capital), for the words “the child support officer concerned” and the words “the child support officer” there shall be substituted the words “the Department”.

(3) In paragraph 13 of that Schedule (assessments where amount of child support is nil), for the words “A child support officer” there shall be substituted the words “The Department”.

(4) In paragraph 15 of that Schedule (separate assessments for different periods)—

(a)for the words “a child support officer” there shall be substituted the words “the Department”; and

(b)for the word “he” there shall be substituted the word “it”.

(5) In paragraph 16 of that Schedule (termination of assessments), for sub-paragraphs (2) to (11) there shall be substituted the following sub-paragraphs—

(2) A maintenance assessment made in response to an application under Article 7 shall be cancelled by the Department if the person on whose application the assessment was made asks the Department to do so.

(3) A maintenance assessment made in response to an application under Article 9 shall be cancelled by the Department if—

(a)the person on whose application the assessment was made (“the applicant”) asks it to do so; and

(b)the Department is satisfied that the applicant has ceased to fall within paragraph (1) of that Article.

(4) Where the Department is satisfied that the person with care with respect to whom a maintenance assessment was made has ceased to be a person with care in relation to the qualifying child, or any of the qualifying children, with respect to whom the assessment was made, the Department may cancel the assessment with effect from the date on which, in its opinion, the change of circumstances took place.

(5) Amaintenance assessment maybe cancelled bythe Department if it is proposing to make a decision under Article 18 or 19 and it appears to the Department—

(a)that the person with care with respect to whom the maintenance assessment in question was made has failed to provide the Department with sufficient information to enable it to make the decision; and

(b)where the maintenance assessment in question was made in response to an application under Article 9, that the person with care with respect to whomthe assessment was made has ceased to fall within paragraph (1) of that Article.

(6) Where—

(a)at any time a maintenance assessment is in force but the Department would no longer have jurisdiction to make it if it were to be applied for at that time; and

(b)the assessment has not been cancelled, or has not ceased to have effect under any other provision made by or under this Order,

it shall be taken to have continuing effect unless cancelled by the Department in accordance with such prescribed provision (including provision as to the effective date of cancellation) as the Department considers it appropriate to make.

(7) Where both the absent parent and the person with care with respect to whom a maintenance assessment was made request the Department to cancel the assessment, the Department may do so if it is satisfied that they are living together.

(8) Any cancellation of a maintenance assessment under sub-paragraph (5), (6) or (7) shall have effect from such date as may be determined by the Department.

(9) Where the Department cancels a maintenance assessment, it shall immediately notify the absent parent and person with care, so far as that is reasonably practicable.

(10) Any notice under sub-paragraph (9) shall specify the date with effect from which the cancellation took effect.

(11) A person with care with respect to whom a maintenance assessment is in force shall provide the Department with such information, in such circumstances, as may be prescribed, with a view to assisting the Department in determining whether the assessment has ceased to have effect, or should be cancelled.

(12) The Department may by regulations make such supplemental, incidental or transitional provision as it thinks necessary or expedient in consequence of the provisions of this paragraph..

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

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

35.—(1) In paragraph 1(2)(a) of Schedule 4 (proceedings before Child Support Commissioners), for the words “Article 23(3)” there shall be substituted the words “Schedule 4 to the Social Security (Northern Ireland) Order 1998”.

(2) For paragraph 2 of that Schedule there shall be substituted the following paragraph—

Tribunal of Commissioners

2.(1) If it appears to the Chief Child Support Commissioner (or, in the case of his inability to act, to such other of the Child Support Commissioners as he may have nominated to act for the purpose) that—

(a)an application for leave under Article 25(6)(b); or

(b)an appeal,

falling to be heard by one of the Child Support Commissioners involves a question of law of special difficulty, he may direct that the application or appeal be dealt with, not by that Commissioner alone, but by a tribunal consisting of any 2 or more of the Child Support Commissioners.

(2) If the decision of such a tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal; and the presiding Child Support Commissioner shall have a casting vote if the votes are equally divided.

(3) Where a direction is given under sub-paragraph (1)(a), Article 25(6)(b) shall have effect as if the reference to a Child Support Commissioner were a reference to such a tribunal as is mentioned in sub-paragraph (1)..

(3) In paragraph 3 of that Schedule (finality of decisions), for sub-paragraph (2) there shall be substituted the following sub-paragraph—

(2) If and to the extent that regulations so provide, any finding of fact or other determination which is embodied in or necessary to a decision, or on which a decision is based, shall be conclusive for the purposes of any further decision..

(4) In paragraph 3A of that Schedule (expenses of persons required to attend proceedings), for sub-paragraph (1) there shall be substituted the following sub-paragraph—

(1) The Lord Chancellor may pay to any person who attends any proceedings before a Child Support Commissioner such travelling and other allowances as he may determine..

36.—(1) In paragraph 1 of Schedule 4A (interpretation), the definition of “review” shall cease to have effect.

(2) In paragraph 2 of that Schedule (applications for departure directions)—

(a)in sub-paragraph (b), for the words “a child support appeal tribunal” there shall be substituted the words “an appeal tribunal”; and

(b)in sub-paragraph (c), for the words “a departure application and a review are to be dealt with” there shall be substituted the words “a decision on a departure application and a decision under Article 18 or 19 are to be made”.

(3) In paragraph 4(1)(b) of that Schedule (information), the words “a child support officer or” shall cease to have effect.

(4) Paragraph 6 of that Schedule (reviews and departure directions) shall cease to have effect.

(5) In paragraph 8(2) of that Schedule (joint consideration of departure applications and appeals), for the words “A child support appeal tribunal” there shall be substituted the words “An appeal tribunal”.

(6) In paragraph 9 of that Schedule (child support appeal tribunals)—

(a)in the heading, for the words “Child support appeal tribunals” there shall be substituted the words “Appeal tribunals”; and

(b)in sub-paragraph (1)(a), for the words “a child support appeal tribunal” there shall be substituted the words “an appeal tribunal”.

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

SCHEDULE 4CDECISIONS AND APPEALS: DEPARTURE DIRECTIONS AND REDUCED BENEFIT DIRECTIONS

Revision of decisions

1.  Article 18 shall apply in relation to—

(a)any decision of the Department with respect to a departure direction, a reduced benefit direction or a person’s liability under Article 40;

(b)any decision of the Department under Article 19 as extended by paragraph 2; and

(c)any decision of an appeal tribunal on a referral under Article 28D(1)(b),

as it applies in relation to any decision of the Department under Article 13, 14 or 19.

Decisions superseding earlier decisions

2.(1) Article 19 shall apply in relation to—

(a)any decision of the Department with respect to a departure direction, a reduced benefit direction or a person’s liability under Article 40;

(b)any decision of the Department under Article 19 as extended by this sub-paragraph; and

(c)any decision of an appeal tribunal on a referral under Article 28D(1)(b),

whether as originally made or as revised under Article 18 as extended by paragraph 1, as it applies in relation to any decision of the Department under Article 13, 14 or 19, whether as originally made or as revised under Article 18.

(2) Article 19 shall apply in relation to any decision of an appeal tribunal under Article 22 as extended by paragraph 3 as it applies in relation to any decision of an appeal tribunal under Article 22.

Appeals to appeal tribunals

3.(1) Subject to sub-paragraphs (2) and (3), Article 22 shall apply—

(a)in relation to a qualifying person who is aggrieved by any decision of the Department with respect to a departure direction; and

(b)in relation to any person who is aggrieved by a decision of the Department—

(i)with respect to a reduced benefit direction; or

(ii)with respect to a person’s liability under Article 40,

as it applies in relation to a person whose application for a maintenance assessment is refused or to such a person as is mentioned in paragraph (2) of Article 22.

(2) On an appeal under Article 22 as extended by sub-paragraph (1)(a), the appeal tribunal shall—

(a)consider the matter—

(i)as if it were exercising the powers of the Department in relation to the application in question; and

(ii)as if it were subject to the duties imposed on the Department in relation to that application;

(b)have regard to any representations made to it by the Department; and

(c)confirm the decision or replace it with such decision as the tribunal considers appropriate.

(3) No appeal shall lie under Article 22 as extended by sub-paragraph (1)(b)(i) unless the amount of the person’s benefit is reduced in accordance with the reduced benefit direction; and the time within which such an appeal may be brought shall run from the date of the notification of the reduction.

(4) In sub-paragraph (1) “qualifying person” means the person with care, or absent parent, with respect to whom the current assessment was made.

Decisions and appeals dependent on other cases

4.(1) Article 28ZA shall also apply where—

(a)a decision falls to be made—

(i)with respect to a departure direction, a reduced benefit direction or a person’s liability under Article 40, by the Department; or

(ii)with respect to a departure direction, by an appeal tribunal on a referral under Article 28D(1)(b); and

(b)an appeal is pending against a decision given with respect to a different direction by a Child Support Commissioner or a court.

(2) Article 28ZA as it applies by virtue of sub-paragraph (1) shall have effect as if the reference in paragraph (3) to Article 18 were a reference to that Article as extended by paragraph 1.

(3) Article 28ZA as it applies by virtue of sub-paragraph (1)(a)(ii) shall have effect as if—

(a)in paragraph (2), for the words “the Department”, in each place where they occur, there were substituted the words “the appeal tribunal”; and

(b)in paragraph (3)—

(i)for the words “the Department” there were substituted the words “the appeal tribunal”;

(ii)for the word “it” there were substituted the words “the Department”; and

(iii)for the word “its” there were substituted the words “the tribunal's”.

5.(1) Article 28ZB shall also apply where—

(a)an appeal is made to an appeal tribunal under Article 22 as extended by paragraph 3; and

(b)an appeal is pending against a decision given in a different case by a Child Support Commissioner or a court.

(2) Article 28ZB as it applies by virtue of sub-paragraph (1) shall have effect as if any reference to Article 18 or Article 19 were a reference to that Article as extended by paragraph 1 or, as the case may be, paragraph 2.

Cases of error

6.(1) Subject to sub-paragraph (2), Article 28ZC shall also apply where—

(a)the effect of the determination, whenever made, of an appeal to a Child Support Commissioner or the court (“the relevant determination”) is that the adjudicating authority’s decision out of which the appeal arose was erroneous in point of law; and

(b)after the date of the relevant determination a decision falls to be made by the Department in accordance with that determination (or would, apart from this paragraph, fall to be so made)—

(i)in relation to an application for a departure direction (made after the commencement date);

(ii)as to whether to revise, under Article 18 as extended by paragraph 1, a decision (made after the commencement date) in relation to a departure direction, a reduced benefit direction or a person’s liability under Article 40; or

(iii)on an application made under Article 19 as extended by paragraph 2 before the date of the relevant determination (but after the commencement date) for a decision in relation to a departure direction, a reduced benefit direction or a person’s liability under Article 40 to be superseded.

(2) Article 28ZC shall not apply where the decision of the Department mentioned in sub-paragraph (1)(b)—

(a)is one which, but for Article 28ZA(2)(a) as it applies by virtue of paragraph 4(1), would have been made before the date of the relevant determination; or

(b)is one made in pursuance of Article 28ZB(3) or (5) as it applies by virtue of paragraph 5(1).

(3) Article 28ZC as it applies by virtue of sub-paragraph (1) shall have effect as if in paragraph (4), in the definition of “adjudicating authority”, at the end there were added the words “or, in the case of a decision made on a referral under Article 28D(1)(b), an appeal tribunal”.

(4) In this paragraph “adjudicating authority”, “the commencement date” and “the court” have the same meanings as in Article 28ZC..

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

38.—(1) In subsection (2) of section 1 (outline of contributory system), for the word “five” there shall be substituted the word “six” and after paragraph (b) there shall be inserted the following paragraph—

(bb)Class 1B, payable under section 10A below by persons who are accountable to the Inland Revenue in respect of income tax on emoluments in accordance with a PAYE settlement agreement;.

(2) In subsection (4)(a) of that section after “1A,” there shall be inserted “1B,”.

(3) In subsection (6) of that section, after the words “Class 1A”, in both places where they occur, there shall be inserted the words “, Class 1B”.

39.  After subsection (2) of section 6 (liability for Class 1 contributions) there shall be inserted the following subsection—

(2A) No primary or secondary Class 1 contribution shall be payable in respect of earnings if a Class 1B contribution is payable in respect of them..

40.—(1) In subsection (5) of section 10 (Class 1A contributions), for the words from “for secondary” to “earnings bracket” there shall be substituted the words “specified as the secondary percentage in section 9(2) above”.

(2) After subsection (8) of that section there shall be inserted the following subsection—

(8A) No Class 1A contribution shall be payable in respect of the making available of a car, or the provision of fuel, if a Class 1B contribution is payable in respect of it..

41.  After subsection (3) of section 14 (restriction on right to pay Class 3 contributions) there shall be added the following subsection—

(4) Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, subsection (1)(a) above shall have effect as if such contributions had been paid or treated as paid on so much of those earnings as did not exceed the upper earnings limit..

42.  After subsection (5) of section 21 (contribution conditions) there shall be inserted the following subsection—

(5A) Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, the following provisions, namely—

(a)subsection (5)(c) above;

(b)sections 22(1)(a) and (3)(a), 23(3)(a), 24(2)(a), 44(6)(a) and 45A(1)(a) below; and

(c)paragraphs 2(4)(a) and (5)(a), 4(2)(a), 5(2)(b) and (4)(a) and 7(4)(a) of Schedule 3 to this Act,

shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit..

43.  In subsection (4)(a) of section 22 (earnings factors), for the words “upon which” there shall be substituted the words “in respect of which”.

44.  In subsection (2) of section 54 (Category A and Category B retirement pensions: supplemental provisions), for the words “Part II of the Administration Act” there shall be substituted the words “Chapter II of Part II of the Social Security (Northern Ireland) Order 1998”.

45.  In subsection (5)(c) of section 95 (relevant employments), after the words “the Administration Act” there shall be inserted the words “or Chapter II of Part II of the Social Security (Northern Ireland) Order 1998”.

46.  In subsection (1)(b) of section 97 (accidents in course of illegal employments), for the words “section 42 of the Administration Act” there shall be substituted the words “Article 29 of the Social Security (Northern Ireland) Order 1998”.

47.  In subsection (2) of section 109 (general provisions relating to benefit under section 108)—

(a)in paragraph (a), for the words “or the Administration Act” there shall be substituted the words “, the Administration Act or Chapter II of Part II of the Social Security (Northern Ireland) Order 1998”;

(b)in paragraph (b), for the words “and that Act” there shall be substituted the words “, that Act and that Chapter”;

(c)for the words “the Administration Act”, in the second place where they occur, there shall be substituted the words “that Act and that Chapter”; and

(d)after the words “section 1” there shall be inserted the words “of that Act”.

48.  In subsection (3) of section 113 (general provisions as to disqualification and suspension), for the words “or the Administration Act” there shall be substituted the words “, the Administration Act or Chapter II of Part II of the Social Security (Northern Ireland) Order 1998”.

49.  In subsection (2) of section 116 (Her Majesty’s forces), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part II of the Social Security (Northern Ireland) Order 1998 which correspond to”.

50.  In subsection (1) of section 117 (mariners, airmen, etc.), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part II of the Social Security (Northern Ireland) Order 1998 which correspond to”.

51.  In section 119 (persons outside Northern Ireland), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part II of the Social Security (Northern Ireland) Order 1998 which correspond to”.

52.  In subsection (1) of section 121 (interpretation of Parts I to VI and supplementary provisions)—

(a)in the definition of “entitled”, for the words “and 66 of the Administration Act” there shall be substituted the words “of the Administration Act and Article 27 of the Social Security (Northern Ireland) Order 1998”;

(b)the definition of “initial primary percentage” shall cease to have effect;

(c)for the definitions of “lower earnings limit” and “upper earnings limit” there shall be substituted the following definitions—

  • “lower earnings limit”, “upper earnings limit” and “earnings threshold” are to be construed in accordance with subsection (1) of section 5 above, and references to the lower or upper earnings limit, or to the earnings threshold, of a tax year are to whatever is (or was) for that year the limit or threshold in force under that subsection;;

(d)after the definition of “Old Cases payments” there shall be inserted the following definition—

  • “PAYE settlement agreement” has the same meaning as in section 206A of the Income and Corporation Taxes Act 1988;; and

(e)in the definition of “primary percentage”, for the words “section 8(1) and (2)” there shall be substituted the words “section 8(2)”.

53.—(1) For subsection (1) of section 135 (awards by social fund officers), there shall be substituted the following subsection—

(1) Whether a payment mentioned in section 134(1)(b) above is to be awarded, and how much it is to be, shall be determined by an appropriate officer, that is to say, an officer of the Department who, acting under its authority, is exercising functions of the Department in relation to payments so mentioned..

(2) In subsection (2) of that section, for the words “A social fund officer” there shall be substituted the words “An appropriate officer”.

(3) Subsection (3) of that section shall cease to have effect.

(4) In subsection (4) of that section, for the words “that is to be repayable” there shall be substituted the words “of a crisis loan or a budgeting loan”.

(5) In subsection (5) of that section, for the words “the social fund officer” there shall be substituted the words “the appropriate officer”.

54.—(1) In subsection (1) of section 136 (principles of determination), for the words “a social fund officer” there shall be substituted the words “an appropriate officer”.

(2) In subsection (2) of that section, for the words “A social fund officer” there shall be substituted the words “An appropriate officer”.

(3) In subsection (3) of that section, for the words “a social fund officer or group of social fund officers” there shall be substituted the words “an appropriate officer or group of appropriate officers”.

(4) In subsection (4) of that section—

(a)for the words “a social fund officer”, in each place where they occur, there shall be substituted the words “an appropriate officer”;

(b)for the words “social fund officers” there shall be substituted the words “appropriate officers”; and

(c)paragraph (e) shall cease to have effect.

(5) In subsection (5) of that section—

(a)for the words “a social fund officer” there shall be substituted the words “an appropriate officer”; and

(b)for the words “the social fund officer nominated for his area under section 62(3) of the Administration Act” there shall be substituted the words “the appropriate officer nominated for his area under Article 36 of the Social Security (Northern Ireland) Order 1998”.

55.  In subsection (1) of section 159 (interpretation of Part XI and supplementary provisions), in the definition of “employer”, after the words “but for” there shall be inserted the words “the condition in”.

56.  In subsection (1) of section 167 (interpretation of Part XII, etc.), in the definition of “employer”, after the words “but for” there shall be inserted the words “the condition in”.

57.  In subsection (2) of section 167E (incapacity for work: disqualification, etc.), for the words “Part II of the Administration Act” there shall be substituted the words “Chapter II of Part II of the Social Security (Northern Ireland) Order 1998”.

58.—(1) In the heading to Schedule 1 (supplementary provisions relating to contributions of Classes 1, 1A, 2 and 3), after the word “1A,” there shall be inserted the word “1B,”.

(2) For sub-paragraph (2) of paragraph 1 of that Schedule there shall be substituted the following sub-paragraph—

(2) Where earnings in respect of employments which include any contracted-out employment and any employment which is not a contracted-out employment are aggregated under sub-paragraph (1) above, then, except as may be provided by regulations—

(a)if the aggregated earnings exceed the current lower earnings limit, the amount of the primary Class 1 contribution in respect of the aggregated earnings shall be determined in accordance with sub-paragraph (3) below; and

(b)if the aggregated earnings exceed the current earnings threshold, the amount of the secondary Class 1 contribution in respect of the aggregated earnings shall be determined in accordance with sub-paragraph (6) below..

(3) In sub-paragraph (3) of that paragraph, immediately before the words “does not exceed”, in each place where they occur, there shall be inserted the words “exceeds the current lower earnings limit and”.

(4) In sub-paragraph (6) of that paragraph—

(a)in paragraph (a), for the words “the APPS earnings” there shall be substituted the words “such part of the APPS earnings as exceeds the earnings threshold”;

(b)in paragraphs (b) and (c), for the words “the part of the aggregated earnings attributable to such service” there shall be substituted the words “such part of the aggregated earnings attributable to such service as exceeds the earnings threshold”; and

(c)in paragraph (d), for the words “the remainder of the aggregated earnings” there shall be substituted the words “such part of the remainder of the aggregated earnings as exceeds the earnings threshold”.

(5) In sub-paragraph (1) of paragraph 3 of that Schedule, for the words “his own secondary contribution” there shall be substituted the words “any secondary contribution of his own”.

(6) For paragraph 5 of that Schedule there shall be substituted the following paragraph—

Class 1A contributions

5.  Regulations may—

(a)make provision for calculating the amount of Class 1A contributions so as to avoid fractional amounts;

(b)modify section 10 above in relation to cases where a car is made available by reason of two or more employed earner’s employments under different employers..

(7) After that paragraph there shall be inserted the following paragraph—

Class 1B contributions

5A.  Regulations may make provision for calculating the amount of Class 1B contributions so as to avoid fractional amounts..

(8) In sub-paragraph (1) of paragraph 6 of that Schedule, for paragraph (a) there shall be substituted the following paragraph—

(a)provide for Class 1, Class 1A, Class 1B or Class 2 contributions to be paid, accounted for and recovered in a similar manner to income tax in relation to which regulations under section 203 of the Income and Corporation Taxes Act 1988 (PAYE) have effect;.

(9) In sub-paragraph (2) of that paragraph—

(a)for the words “or Class 1A”, in each place where they occur, there shall be substituted the words “, Class 1A or Class 1B”; and

(b)in paragraph (b), the words “(being not less than one year after the end of the tax year in respect of which the sums are due)” shall cease to have effect.

(10) For sub-paragraph (4) of that paragraph there shall be substituted the following sub-paragraph—

(4) Where—

(a)a decision relating to contributions falls to be made under Article 9, 10, 11, 13 or 15 of the Social Security (Northern Ireland) Order 1998 or under section 22 of the Administration Act; and

(b)the decision will affect a person’s liability for, or the amount of, any interest due in respect of those contributions,

regulations under this paragraph shall not require any such interest to be paid until the decision has been made..

(11) After that sub-paragraph there shall be inserted the following sub-paragraph—

(4A) Regulations under this paragraph shall not require the payment of interest on a sum due in respect of a Class 1B contribution if a relevant tax appeal has been brought but not finally determined; and “a relevant tax appeal” means an appeal against a determination as to the amount of income tax in respect of which the person liable to pay the Class 1B contribution is accountable in accordance with the relevant PAYE settlement agreement..

(12) In sub-paragraph (11)(a) of paragraph 7 of that Schedule, for the words “and Class 1A” there shall be substituted the words “, Class 1A and Class 1B”.

(13) For sub-paragraph (12) of that paragraph there shall be substituted the following sub-paragraph—

(12) Apenaltyunder section98Aof that Act as it applies by virtue of this paragraph shall not be imposed where—

(a)a decision relating to contributions falls to be made under Article 9, 10, 11, 13 or 15 of the Social Security (Northern Ireland) Order 1998 or under section 22 of the Administration Act, and has not yet been made; and

(b)the decision will affect a person’s liability for the penalty, or the amount of it..

(14) In sub-paragraph (1)(b) of paragraph 8 of that Schedule, after the words “Class 1A” there shall be inserted the words “or Class 1B”.

(15) After paragraph (i) of that sub-paragraph there shall be inserted the following paragraph—

(ia)for the repayment, in prescribed cases, of the whole or a prescribed part of a Class 1B contribution;.

(16) In paragraph (1) of that sub-paragraph—

(a)in sub-paragraph (i), after the words “Class 1A contributions” there shall be inserted the words “or a Class 1B contribution”;

(b)in sub-paragraph (ii), after the words “Class 1 contributions” there shall be inserted the words “, a Class 1B contribution”;

(c)after that sub-paragraph there shall be inserted the following sub-paragraph—

(iia)the whole or part of anypayment of a Class 1Bcontribution to be treated as a payment of secondary Class 1 contributions, Class 1A contributions or Class 2 contributions;; and

(d)in sub-paragraph (iii), for the words “or Class 1A contributions” there shall be substituted the words “, Class 1A contributions or a Class 1B contribution”.

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

59.  In subsection (2) of section 3 (late claims for widowhood benefit where death is difficult to establish)—

(a)for paragraph (a) there shall be substituted the following paragraph—

(a)in any case falling within paragraph (b)(i) of subsection (1) above, where it has been decided under Article 9 of the Social Security (Northern Ireland) Order 1998 that the husband has died or is presumed to have died; or; and

(b)for the word “determination” there shall be substituted the word “decision”.

60.—(1) In subsection (1) of section 5 (regulations about claims for and payments of benefit)—

(a)for paragraph (e) there shall be substituted the following paragraph—

(e)for any such award to be revised under Article 10 of the Social Security (Northern Ireland) Order 1998, or superseded under Article 11 of that Order, if any of those requirements are found not to have been satisfied;; and

(b)paragraphs (o) and (p) shall cease to have effect.

(2) Subsection (3) of that section shall cease to have effect.

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

(a)in subsection (3), paragraph (c) shall cease to have effect; and

(b)in subsection (5), for the definition of “the relevant place” there shall be substituted the following definition—

  • “the relevant place”, in relation to an application for leave to appeal from a decision of a Commissioner, means the premises where the personor authoritywhose decision was the subject of the Commissioner’s decision usually exercises his or its functions..

62.—(1) In subsection (2) of section 69 (overpayments – general), after the word “shall” there shall be inserted the words “in the case of the Department or a tribunal, and may in the case of a Commissioner or a court”.

(2) In subsection (5) of that section—

(a)in paragraph (a), for the words “revised on a review” there shall be substituted the words “has been revised under Article 10 or superseded under Article 11 of the Social Security (Northern Ireland) Order 1998”; and

(b)in paragraph (b), for the word “review” there shall be substituted the words “under that Article”.

(3) In subsection (5A) of that section, for the words “revised on a review” there shall be substituted the words “has been revised under Article 10 or superseded under Article 11 of the Social Security (Northern Ireland) Order 1998”.

63.  In subsection (1) of section 69A (recovery of jobseeker’s allowance: severe hardship cases)—

(a)for the words “an adjudication officer”, in both places where they occur, there shall be substituted the words “the Department”; and

(b)for the words “the Department” there shall be substituted the word “it”.

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

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

111.    Issues arising in proceedings.

(1) This section applies to proceedings before a court—

(a)for an offence under this Act or the Jobseekers (Northern Ireland) Order 1995;

(b)involving any question as to the payment of contributions (other than a Class 4 contribution recoverable by the Inland Revenue); or

(c)for the recovery of any sums due to the Department or the National Insurance Fund.

(2) A decision of the Department which—

(a)falls within Part II of Schedule 3 to the Social Security (Northern Ireland) Order 1998 (“the 1998 Order”); and

(b)relates to or affects an issue arising in the proceedings,

shall be conclusive for the purposes of the proceedings.

(3) If—

(a)any such decision is necessary for the determination of the proceedings; and

(b)the decision of the Department has not been obtained or an application with respect to the decision has been made under Article 10 or 11 of the 1998 Order,

the decision shall be referred to the Department to be made in accordance (subject to any necessary modifications) with Chapter II of PartII of thatOrder.

(4) Subsection (2) above does not apply where, in relation to the decision—

(a)an appeal has been brought but not determined;

(b)an application for leave to appeal has been made but not determined;

(c)an appeal has not been brought (or, as the case may be, an application for leave to appeal has not been made) but the time for doing so has not yet expired; or

(d)an application has been made under Article 10 or 11 of the 1998 Order.

(5) In a case falling within subsection (4) above the court shall adjourn the proceedings until such time as the final decision is known; and that decision shall be conclusive for the purposes of the proceedings..

66.  Subsection (2) of section 113 (recovery of unpaid contributions on prosecution) shall cease to have effect.

67.—(1) In subsection (1) of section 114 (proof of previous offences), the words “or (2)(a)” shall cease to have effect.

(2) In subsection (3) of that section—

(a)after the words “Class 1A” there shall be inserted the words “or Class 1B”; and

(b)for the words “2 years” there shall be substituted the words “6 years”.

(3) In subsection (4) of that section—

(a)after the words “Class 1” there shall be inserted the words “or Class 1B”; and

(b)for the words “2 years” there shall be substituted the words “6 years”.

(4) After that subsection there shall be inserted the following subsection—

(4A) If the offence is one of failure to pay a Class 1B contribution, evidence maybe givenof failure on his part to pay such contributions, or any Class 1 or Class 1Acontributions or contributions equivalent premiums, on the date of the offence, or during the 6 years preceding that date..

(5) In subsection (5) of that section—

(a)paragraph (b) and the word “or” immediately preceding that paragraph shall cease to have effect; and

(b)for the words “2 years” there shall be substituted the words “6 years”.

(6) In subsection (6) of that section, after the word “(4)” there shall be inserted the word “, (4A)”.

68.  In subsections (1) and (2) of section 115 (unpaid contributions – supplementary), the words “or (2)(a)” shall cease to have effect.

69.  After subsection (7) of section 116C (supply of information to the Housing Executive), there shall be added the following subsection—

(8) This section and section 116D below shall each have effect as if the reference in subsection (1) to social security included a reference to child support..

70.  In subsection (6A) of section 117 (unauthorised disclosure of information relating to particular persons), for the words “section 52 above” there shall be substituted the words “Article 19 of the Social Security (Northern Ireland) Order 1998”.

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

(a)after the words “the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997” there shall be inserted the words “, the Social Security (Northern Ireland) Order 1998”; and

(b)for the words “or to that Order” there shall be substituted the words “or to those Orders”.

72.  In section 129 (amendments following alterations in Great Britain), for the words “, 145 or 146” there shall be substituted the words “or 145”.

73.  In subsection (2) of section 139 (effect of alteration in the component rates of income support), for the words “an adjudication officer” there shall be substituted the words “the Department”.

74.  In subsection (3) of section 139A (effect of alteration of rates of a jobseeker’s allowance), for the words “an adjudication officer” there shall be substituted the words “the Department”.

75.  In subsection (2) of section 140 (implementation of increases in income support due to attainment of particular ages), for the words “an adjudication officer” there shall be substituted the words “the Department”.

76.  In subsection (2) of section 140A (implementation of increases in income-based jobseeker’s allowance due to attainment of particular ages), for the words “an adjudication officer” there shall be substituted the words “the Department”.

77.—(1) After subsection (2) of section 142 (destination of contributions) there shall be inserted the following subsection—

(2A) References in subsections (1) and (2) above to contributions include references to payments on account of contributions made in accordance with regulations under section 3(5) of the Contributions and Benefits Act (payments on account of directors' contributions)..

(2) After subsection (4) of that section there shall be inserted the following subsection—

(4A) The sums recovered by the Department under regulations made under paragraph 7A, 7B or 7C of Schedule 1 to the Contributions and Benefits Act in respect of interest or penalties shall be paid into the National Insurance Fund..

(3) In subsection (5)(b) of that section, for the words “those contributions” there shall be substituted the words “primary Class 1 contributions”.

(4) In subsection (8)(b) of that section, after the words “paragraph (c)” there shall be inserted the words “or (ca)”.

78.—(1) In subsection (4) of section 143 (general financial arrangements), after the words “Class 1A” there shall be inserted the words “or Class 1B”.

(2) In subsection (5) of that section, after the words “paragraph 6”, where they first occur, there shall be inserted the words “or 7B”.

79.  Subsection (5)(a) of section 144 (destination of repayments, etc.) shall cease to have effect.

80.—(1) In subsection (3)(a) of section 147 (allocations from social fund), for the words “a particular social fund officer or group of social fund officers” there shall be substituted the words “a particular appropriate officer or group of appropriate officers”.

(2) In subsection (5) of that section, for the words “social fund officers”, in each place where they occur, there shall be substituted the words “appropriate officers”.

(3) After that subsection there shall be added the following subsection—

(6) In this section “appropriate officer” means an officer of the Department who, acting under its authority, is exercising functions of the Department in relation to payments from the social fund such as are mentioned in section 134(1)(b) of the Contributions and Benefits Act..

81.  In subsection (5) of section 149 (functions of Social Security Advisory Committee in relation to legislation and regulations), after paragraph (ac) there shall be inserted the following paragraph—

(ad)the provisions of Chapter II of Part II of the Social Security (Northern Ireland) Order 1998 and Article 68 of that Order;.

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

(a)in paragraph (a), after the words “Jobseekers (Northern Ireland) Order 1995” there shall be inserted the words “, Chapter II of Part II of the Social Security (Northern Ireland) Order 1998”; and

(b)in paragraph (b), after the words “Jobseekers Act 1995” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.

83.—(1) In subsection (1) of section 154 (reciprocal arrangements with Great Britain – income-related benefits and child benefit), after the words “Jobseekers (Northern Ireland) Order 1995” there shall be inserted the words “, Chapter II of Part II of the Social Security (Northern Ireland) Order 1998”.

(2) In subsection (3) of that section, after the words “Jobseekers (Northern Ireland) Order 1995”, in each place where they occur, there shall be inserted the words “, Chapter II of Part II of the Social Security (Northern Ireland) Order 1998”.

84.—(1) In subsection (3)(a) of section 155 (reciprocal agreements with countries outside the United Kingdom), after the words “Jobseekers (Northern Ireland) Order 1995” there shall be insertedthe words “, Chapter II of Part II of the Social Security (Northern Ireland) Order 1998”.

(2) In subsection (4) of that section, after paragraph (aa) there shall be inserted the following paragraph—

(ab)to Chapter II of Part II of the Social Security (Northern Ireland) Order 1998; and.

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

(a)in paragraph (a), after the words “the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997” there shall be inserted the words “, Chapter II of Part II of the Social Security (Northern Ireland) Order 1998”; and

(b)in paragraph (b)(i), after the words “the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997” there shall be inserted the words “, Chapter II of Part II of the Social Security (Northern Ireland) Order 1998”.

86.  In subsection (6) of section 165 (regulations and orders – general) the word “24,” shall cease to have effect.

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

(a)the definitions of “the disablement questions” and “President” shall cease to have effect;

(b)in the definition of “claimant” (in relation to industrial injuries benefit), for the words “section 42 above” there shall be substituted the words “Article 29 of the Social Security (Northern Ireland) Order 1998”; and

(c)for the definition of “Commissioner” there shall be substituted the following definition—

“Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner and includes a tribunal of 2 or more Commissioners constituted under Article 16(7) of the Social Security (Northern Ireland) Order 1998;.

88.—(1) For the heading to Schedule 2 (commissioners, tribunals, etc. – supplementary provisions), there shall be substituted the following heading—

COMMISSIONERS – SUPPLEMENTARY PROVISIONS.

(2) In that Schedule, the following shall cease to have effect, namely—

(a)paragraph 1(1);

(b)in paragraph 1(2), the words “, the President and the full-time chairmen”;

(c)in paragraph 1(4), the words “, the President and a full-time chairman”;

(d)paragraph 1(5);

(e)paragraphs 2 to 6;

(f)paragraph 8; and

(g)in paragraph 9(b), paragraphs (ii) to (iv).

89.  In Part I of Schedule 4 (persons employed in social security administration or adjudication)—

(a)the entry headed “Adjudication officers” shall cease to have effect;

(b)in the entry headed “Adjudicating bodies”, in paragraph (a), for the words “a social security” there shall be substituted the word “an”, and paragraphs (b) to (d) shall cease to have effect;

(c)in the entry headed “The social fund”, the words “A social fund officer” shall cease to have effect; and

(d)at the end of the entry headed “Former statutory bodies” there shall be added the words—

A Chief Adjudication Officer.

An adjudication officer.

A social fund officer.

A clerk to, or other officer or member of the staff of, a former social security appeal tribunal, a former disability appeal tribunal or a former medical appeal tribunal..

90.  In paragraph 1(7) of Schedule 6 (old cases payments administration), after the words “this Act” there shall be insertedthe words “, Chapter II of Part II of the Social Security (Northern Ireland) Order 1998”.

91.—(1) In sub-paragraph (1) of paragraph 2 of Schedule 7 (supplementary benefits, etc.), for the words “Sections 18 to 27, 34 to 41 and 49 to 59 above” there shall be substituted the words “Articles 9 to 18, 29 to 31 and 39 of the Social Security (Northern Ireland) Order 1998 and section 22 above”.

(2) In sub-paragraph (2) of that paragraph, for the words “section 57 above” there shall be substituted the words “Article 16 of the Social Security (Northern Ireland) Order 1998”.

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

92.—(1) In Part II of Schedule 1 (other appointments), for the entry relating to the President of social security appeal tribunals, medical appeal tribunals, disability appeal tribunals and child support appeal tribunals for Northern Ireland there shall be substituted the following entry—

President of appeal tribunals (within the meaning of Chapter I of Part II of the Social Security (Northern Ireland) Order 1998) appointed under Article 6 of that Order.

(2) In that Part of that Schedule, the following entries shall cease to have effect, namely—

Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals in Northern Ireland; and

Chairman of child support appeal tribunals in Northern Ireland.

93.—(1) In Schedule 5 (retirement provisions: the relevant offices), for the entry relating to the President of social security appeal tribunals, medical appeal tribunals, disability appeal tribunals and child support appeal tribunals in Northern Ireland there shall be substituted the following entry—

President of appeal tribunals (within the meaning of Chapter I of Part II of the Social Security (Northern Ireland) Order 1998) appointed under Article 6 of that Order.

(2) In that Schedule, the following entries shall cease to have effect, namely—

Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals in Northern Ireland; and

Chairman of child support appeal tribunals in Northern Ireland.

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

94.  In subsection (2) of section 4 (meaning of “contracted-out employment”, “guaranteed minimum pension” and “minimum payment”) for the words “section 38A(2)” there shall be substituted the words “section 38A”.

95.  For subsections (1) and (1A) of section 37 (reduced rates of Class 1 contributions) there shall be substituted the following subsections—

(1) Subsections (1A) to (1C) apply where—

(a)the earnings paid to or for the benefit of an earner in any tax week are in respect of an employment which is contracted-out employment at the time of the payment; and

(b)the earner’s service in the employment is service which qualifies him for a pension provided by a salary related contracted-out scheme,

and in subsections (1A) and (1B) “the relevant part”, in relation to those earnings, means so much of those earnings as exceeds the current lower earnings limit but not the current upper earnings limit for that week (or the prescribed equivalents if the earner is paid otherwise than weekly).

(1A) The amount of the primary Class 1 contribution in respect of the relevant part of those earnings (“amount A”) shall be reduced by an amount equal to 1.6 per cent. of that part.

(1B) The amount of any secondary Class 1 contribution in respect of the earnings (“amount B”) shall be reduced by an amount equal to 3 per cent. of the relevant part of those earnings (“amount C”).

(1C) Where amount C exceeds amount B, the excess shall be set off against the amount which the secondary contributor is liable to pay (under paragraph 3 of Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992) in respect of amount A..

96.  For subsections (1) and (2) of section 38A (reduced rates of Class 1 contributions, and rebates) there shall be substituted the following subsections—

(1) Subsections (2) to (3) apply where—

(a)the earnings paid to or for the benefit of an earner in any tax week are in respect of an employment which is contracted-out employment at the time of the payment; and

(b)the earner’s service in the employment is service which qualifies him for a pension provided by a money purchase contracted-out scheme,

and in subsections (2) and (2A) “the relevant part”, in relation to those earnings, means so much of those earnings as exceeds the current lower earnings limit but not the current upper earnings limit for that week (or the prescribed equivalents if the earner is paid otherwise than weekly).

(2) The amount of the primary Class 1 contribution in respect of the relevant part of those earnings (“amount A”) shall be reduced by an amount equal to the appropriate flat-rate percentage of that part.

(2A) The amount of any secondary Class 1 contribution in respect of the earnings (“amount B”) shall be reduced by an amount equal to the appropriate flat-rate percentage of the relevant part of those earnings (“amount C”).

(2B) Where amount C exceeds amount B, the excess shall be set off against the amount which the secondary contributor is liable to pay (under paragraph 3 of Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992) in respect of amount A..

97.  In subsection (6)(c) of section 154 (disclosure of information between government departments, etc.), for the words “sections 15 to 60 of the Social Security Administration (Northern Ireland) Act 1992” there shall be substituted the words “Chapter II of Part II of the Social Security (Northern Ireland) Order 1998”.

98.—(1) In subsection (3) of section 163 (application of general provisions relating to administration of social security), for the words “Section 56 of that Act (regulations as to determination of questions and matters arising out of, or pending, reviews and appeals)” there shall be substituted the words “Article 12 of the Social Security (Northern Ireland) Order 1998 (regulations with respect to decisions)”.

(2) Subsection (4) of that section shall cease to have effect.

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

165.    Decisions and appeals.

(1) Article 4 (use of computers) of the Social Security (Northern Ireland) Order 1998 (“the 1998 Order”) applies as if, for the purposes of paragraph (1) of that Article, this Act were a relevant statutory provision.

(2) Articles 9, 10 and 11 of the 1998 Order (decisions by the Department, revision of decisions and decisions superseding earlier decisions) apply as if, for the purposes of Article 9(1)(c) of that Order, this Act were a relevant statutory provision.

(3) Regulations may make provision—

(a)with respect to the procedure to be adopted on any application made under Article 10 or 11 of the 1998 Order by virtue of subsection (2); and

(b)generally with respect to such applications, and revisions under Article 10 and decisions under Article 11,

but may not prevent such a revision or decision being made without such an application.

(4) Article 13 of the 1998 Order (appeal to appeal tribunal) applies as if, for the purposes of paragraph (1)(b) of that Article, any decision of the Department falling to be made under this Act were a decision falling within Schedule 3 to that Order..

100.—(1) In subsection (1) of section 166 (questions arising in proceedings), for the words from “any such question” to “Department” there shall be substituted the words “any decision such as is mentioned in section 165(2) is made by the Department, the decision”.

(2) For subsections (2) and (3) of that section there shall be substituted the following subsections—

(2) If—

(a)any such decision is necessary for the determination of the proceedings; and

(b)the decision of the Department has not been obtained or an application with respect to the decision has been made under Article 10 or 11 of the Social Security (Northern Ireland) Order 1998,

the decision shall be referred to the Department to be made in accordance (subject to any necessary modifications) with Chapter II of Part II of that Order.

(3) Subsection (1) does not apply where, in relation to the decision—

(a)an appeal has been brought but not determined;

(b)an application for leave to appeal has been made but not determined;

(c)an appeal has not been brought (or, as the case may be, an application for leave to appeal has not been made) but the time for doing so has not yet expired; or

(d)an application has been made under Article 10 or 11 of that Order.

(4) In a case falling within subsection (3) the court shall adjourn the proceedings until such time as the final decision is known; and that decision shall be conclusive for the purposes of the proceedings..

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

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

(a)the definition of “adjudication officer” shall cease to have effect; and

(b)in the definition of “entitled”, for the words “sections 1 and 66 of the Administration Act” there shall be substituted the words “section 1 of the Administration Act and Article 27 of the Social Security (Northern Ireland) Order 1998”.

102.  After paragraph (3) of Article 4 (the contribution-based conditions) there shall be inserted the following paragraph—

(3A) Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, paragraphs (2)(b) and (3) shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit..

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

(a)the words “(“the first determination”)” shall cease to have effect; and

(b)for the words “on a review of the first determination” there shall be substituted the words “under Article 10 or 11 of the Social Security (Northern Ireland) Order 1998”.

(2) In paragraph (8)(c) of that Article, for the words “an adjudication officer” there shall be substituted the words “the Department”.

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

(a)the words “(“the first determination”)” shall cease to have effect; and

(b)for the words “on a review of the first determination” there shall be substituted the words “under Article 10 or 11 of the Social Security (Northern Ireland) Order 1998”.

105.—(1) In paragraph (6) of Article 11 (the jobseeker’s agreement), for the words “an adjudication officer for him” there shall be substituted the words “the Department for it”.

(2) In paragraph (7) of that Article—

(a)for the words “An adjudication officer to whom a reference is made under paragraph (6)” there shall be substituted the words “On a reference under paragraph (6) the Department”;

(b)for the words “the adjudication officer” there shall be substituted the words “the Department”; and

(c)for the word “he” there shall be substituted the word “it”.

(3) In paragraph (8) of that Article, for the words “an adjudication officer”, in each place where they occur, there shall be substituted the words “the Department”.

(4) Paragraph (9) of that Article shall cease to have effect.

106.—(1) In paragraph (5) of Article 12 (variation of jobseeker’s agreement), for the words “an adjudication officer for him” there shall be substituted the words “the Department for it”.

(2) In paragraph (6) of that Article—

(a)for the words “An adjudication officer to whom a reference is made under paragraph (5)” there shall be substituted the words “On a reference under paragraph (5) the Department”; and

(b)for the word “he”, in both places where it occurs, there shall be substituted the word “it”.

(3) In paragraph (7) of that Article, for the words “an adjudication officer”, in each place where they occur, there shall be substituted the words “the Department”.

(4) Paragraph (8) of that Article shall cease to have effect.

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

108.—(1) In paragraph (3) of Article 18 (severe hardship), for sub-paragraph (b) there shall be substituted the following sub-paragraph—

(b)it appears to the Department that the person concerned has, without good cause—

(i)neglected to avail himself of a reasonable opportunity of a place on a training scheme, or

(ii)after a place on such a scheme has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him; or.

(2) For paragraph (4) of that Article there shall be substituted the following paragraph—

(4) In this Article—

“employment officer” means an officer of the Department or such other person as may be designated for the purposes of this Article by an order made by the Department;

“period” includes—

(a)

a period of a determinate length;

(b)

a period defined by reference to the happening of a future event; and

(c)

a period of a determinate length but subject to earlier determination upon the happening of a future event;

“training scheme” has such meaning as may be prescribed..

109.—(1) In paragraph (2)(b) of Article 19 (reduced payments), for the word “either” there shall be substituted the word “any”.

(2) In paragraph (3) of that Article, for sub-paragraph (b) there shall be substituted the following sub-paragraphs—

(b)he has given up a place on a training scheme, or failed to attend such a scheme on which he has been given a place, and no certificate has been issued to him under paragraph (4);

(c)he has lost his place on such a scheme through misconduct..

(3) For paragraphs (4) and (5) of that Article there shall be substituted the following paragraphs—

(4) Where a young person who has given up a place on a training scheme, or failed to attend such a scheme on which he has been given a place—

(a)claims that there was good cause for his doing so; and

(b)applies to the Department for a certificate under this paragraph,

the Department shall, if it is satisfied that there was good cause, issue a certificate to that effect and give a copy of it to the young person.

(5) In this Article—

  • “training scheme” has such meaning as may be prescribed;

  • “young person” means a person who has reached the age of 16 but not the age of 18..

110.—(1) In paragraph (3) of Article 21 (circumstances in which a jobseeker’s allowance is not payable), for the words “the adjudication officer” there shall be substituted the words “the Department”.

(2) In paragraph (4) of that Article—

(a)for the words “an adjudication officer” there shall be substituted the words “the Department”; and

(b)for the word “he” there shall be substituted the word “it”.

111.  In paragraph (2)(b)(ii) of Article 22 (exemptions from Article 21), for the words “he has failed to complete a course of training” there shall be substituted the words “the condition mentioned in paragraph (3)(b) or (c) of that Article is satisfied”.

112.  In paragraphs (1) and (2) of Article 32 (termination of awards), for the words “an adjudication officer” there shall be substituted the words “the Department”.

113.  In paragraph (3) of Article 37 (Assembly, etc. control), after the word “11(13)” there shall be inserted the word “, 18(4)”.

114.  In paragraph 10(2) of Schedule 1 (supplementary provisions), for the words “section 5(1)(o) of the Administration Act” there shall be substituted the words “Article 21(2) of the Social Security (Northern Ireland) Order 1998”.

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

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

(a)the following entries shall cease to have effect, namely—

Tribunals constituted in Northern Ireland under regulations made under section 4 of the Vaccine Damage Payments Act 1979.;

Child support appeal tribunals constituted under Article 23 of the Child Support (Northern Ireland) Order 1991.;

Social security appeal tribunals constituted under section 39 of the Social Security Administration (Northern Ireland) Act 1992.;

Disability appeal tribunals constituted under section 41 of that Act.; and

Medical appeal tribunals constituted under section 48 of that Act.; and

(b)after the entry relating to Registered Homes Tribunals there shall be inserted the following entry—

Appeal tribunals constituted under Chapter I of Part II of the Social Security (Northern Ireland) Order 1998..

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

116.  At the end of Article 17(2) (social security: amendments following certain orders) there shall be added the words “the Social Security Act 1998”.

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

117.  In paragraph (5) of Article 11 (employment abroad etc.) for the words “the Social Security Administration (Northern Ireland) Act 1992” there shall be substituted the words “Chapter II of Part II of the Social Security (Northern Ireland) Order 1998”.

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

118.  In paragraph (4) of Article 18 (power to provide for recoupment of benefits)—

(a)in sub-paragraph (a), the words “adjudication officers or” shall cease to have effect; and

(b)for sub-paragraph (d) there shall be substituted the following sub-paragraphs—

(cc)provide for the determination by the Department of Health and Social Services of any issue arising as to the total or partial recoupment in pursuance of the regulations of a jobseeker’s allowance, unemployment benefit or income support,

(d)confer on an employee a right of appeal to an appeal tribunal constituted under Chapter I of Part II of the Social Security (Northern Ireland) Order 1998 against any decision of the Department of Health and Social Services on any such issue, and.

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

119.  In paragraph (2) of Article 2 (interpretation) after the definition of “the Administration Act” there shall be inserted the following definition—

“appeal tribunal” means an appeal tribunal constituted under Chapter I of Part II of the Social Security (Northern Ireland) Order 1998;.

120.—(1) For paragraph (1) of Article 12 (review of certificates of recoverable benefits) there shall be substituted the following paragraph—

(1) Any certificate of recoverable benefits may be reviewed by the Department—

(a)either within the prescribed period or in prescribed cases or circumstances; and

(b)either on an application made for the purpose or on the Department’s own initiative..

(2) In paragraph (2) of that Article—

(a)the word “or” at the end of sub-paragraph (a) shall cease to have effect; and

(b)after sub-paragraph (b) there shall be added the words

or

(c)revoke the certificate..

121.—(1) In paragraph (1) of Article 13 (appeals against certificates of recoverable benefits)—

(a)the word “or” at the end of sub-paragraph (a) shall cease to have effect; and

(b)after sub-paragraph (b) there shall be added the following sub-paragraphs—

(c)that listed benefits which have not been, and are not likely to be, paid to the injured person during the relevant period have been brought into account, or

(d)that the payment on the basis of which the certificate was issued is not a payment within Article 3(1)(a)..

(2) In paragraph (2) of that Article—

(a)the word “or” at the end of sub-paragraph (a) shall cease to have effect; and

(b)after sub-paragraph (a) there shall be inserted the following sub-paragraph—

(aa)(in a case where that certificate was issued under Article 9(2)(a)) the person to whom it was so issued, or.

(3) Paragraph (6) of that Article shall cease to have effect.

122.—(1) For the heading to Article 14 (reference of questions to medical appeal tribunal) there shall be substituted the following heading “Reference to appeal tribunal”.

(2) For paragraphs (1) and (2) of that Article there shall be substituted the following paragraph—

(1) The Department shall refer an appeal under Article 13 to an appeal tribunal..

(3) In paragraph (3) of that Article, for the words “any question referred to it under paragraph (1)” there shall be substituted the words “any appeal under Article 13”.

(4) In paragraph (4) of that Article—

(a)for the words “a reference under paragraph (1) a medical appeal tribunal” there shall be substituted the words “an appeal under Article 13 an appeal tribunal”;

(b)the word “or” at the end of sub-paragraph (a) shall cease to have effect; and

(c)after sub-paragraph (b) there shall be added the words

or

(c)declare that the certificate of recoverable benefits is to be revoked..

(5) In paragraph (5) of that Article—

(a)for the words “questions referred to the tribunal under paragraph (1),” there shall be substituted the words “appeal under Article 13,”;

(b)the word “or” at the end of sub-paragraph (a) shall cease to have effect; and

(c)after sub-paragraph (b) there shall be added the words

or

(c)revoke the certificate..

(6) The following shall cease to have effect, namely—

(a)paragraph (6) of that Article;

(b)in paragraph (7) of that Article, the words “under paragraph (6)(b)”; and

(c)paragraph (8) of that Article.

123.—(1) In paragraph (1) of Article 15 (appeal to Social Security Commissioner), for the words “a medical appeal tribunal” there shall be substituted the words “an appeal tribunal”.

(2) In paragraph (2) of that Article—

(a)the word “or” at the end of sub-paragraph (b) shall cease to have effect; and

(b)after that sub-paragraph there shall be inserted the following sub-paragraph—

(bb)(in a case where that certificate was issued under Article 9(2)(a)) the person to whom it was so issued, or.

(3) For paragraph (3) of that Article there shall be substituted the following paragraph—

(3) Paragraphs (7) to (13) of Article 15 of the Social Security (Northern Ireland) Order 1998 and Schedule 2 to the Administration Act apply to appeals under this Article as they apply to appeals under that Article..

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