CoronavirusSee Coronavirus legislation
on legislation.gov.uk
Get Coronavirus guidance from GOV.UK
Additional advice for Scotland | Wales | Northern Ireland

Search Legislation

The Welfare Reform (Northern Ireland) Order 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 11

 Help about opening options

Alternative versions:

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

The Welfare Reform (Northern Ireland) Order 2015, SCHEDULE 11 is up to date with all changes known to be in force on or before 10 April 2020. 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 11:

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 107(6)

SCHEDULE 11N.I.Power to require consideration of revision before appeal

This schedule has no associated Explanatory Memorandum

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

1.  The Child Support (Northern Ireland) Order 1991 is amended as follows.

Commencement Information

I1Sch. 11 para. 1 in operation at 17.3.2016 by S.R. 2016/166, art. 2(b)

2.  In Article 22 (appeals to appeal tribunals), as substituted by section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (and subsequently amended), after paragraph (2) insert—N.I.

(2A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal against a decision mentioned in paragraph (1)(a) or (b) only if the Department has considered whether to revise the decision under Article 18.

(2B) The regulations may in particular provide that that condition is met only where—

(a)the consideration by the Department was on an application,

(b)the Department considered issues of a specified description, or

(c)the consideration by the Department satisfied any other condition specified in the regulations.

(2C) Regulations may make provision that, where in accordance with regulations under paragraph (2A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under Article 18.

Commencement Information

I2Sch. 11 para. 2 in operation at 17.3.2016 by S.R. 2016/166, art. 2(b)

3.  In Article 22 (appeals to appeal tribunals), as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, after paragraph (3) insert—N.I.

(3A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal against a decision only if the Department has considered whether to revise the decision under Article 18.

(3B) The regulations may in particular provide that that condition is met only where—

(a)the consideration by the Department was on an application,

(b)the Department considered issues of a specified description, or

(c)the consideration by the Department satisfied any other condition specified in the regulations.

(3C) Regulations may make provision that, where in accordance with regulations under paragraph (3A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under Article 18.

Commencement Information

I3Sch. 11 para. 3 in operation at 17.3.2016 by S.R. 2016/166, art. 2(b)

4.  In Article 47A (pilot schemes) (as inserted by section 32 of the Child Maintenance Act (Northern Ireland) 2008) at the end insert—N.I.

(6) This Article does not apply to regulations under—

(a)paragraph (2A) of Article 22 as substituted by section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000;

(b)paragraph (3A) of Article 22 as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000.

Commencement Information

I4Sch. 11 para. 4 in operation at 17.3.2016 by S.R. 2016/166, art. 2(b)

5.  In Article 48 (regulations and orders), in paragraph (2)(a), after “Article 14(5)(b)),” insert “ 22(2A), 22(3A) ”.N.I.

Commencement Information

I5Sch. 11 para. 5 in operation at 17.3.2016 by S.R. 2016/166, art. 2(b)

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

6.  The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 is amended as follows.

Commencement Information

I6Sch. 11 para. 6 in operation at 17.3.2016 by S.R. 2016/166, art. 2(b)

7.—(1) Article 13 (appeals against certificates) is amended as follows.N.I.

(2) After paragraph (2) insert—

(2A) Regulations may provide that, in such cases or circumstances as may be prescribed, an appeal may be made under this Article only if the Department has reviewed the certificate under Article 12.

(2B) The regulations may in particular provide that that condition is met only where—

(a)the review by the Department was on an application,

(b)the Department considered issues of a specified description, or

(c)the review by the Department satisfied any other condition specified in the regulations.

(3) In paragraph (5)(c) after “any such appeal” insert “ (or, where in accordance with regulations under paragraph (2A) there is no right of appeal, any purported appeal) ”.

Commencement Information

I7Sch. 11 para. 7 in operation at 17.3.2016 by S.R. 2016/166, art. 2(b)

8.—(1) Article 28 (regulations and orders) is amended as follows.N.I.

(2) In paragraph (1) after “regulations made under Article” insert “ 13(2A) or ”.

(3) After that paragraph insert—

(1A) Regulations under Article 13(2A) must be laid before the Assembly after being made and take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations are approved by a resolution of the Assembly.

Commencement Information

I8Sch. 11 para. 8 in operation at 17.3.2016 by S.R. 2016/166, art. 2(b)

Prospective

The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)N.I.

9.  The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 is amended as follows.

Prospective

10.—(1) Paragraph 6 of Schedule 7 (housing benefit: appeal to appeal tribunal) is amended as follows.N.I.

(2) In sub-paragraph (4), after paragraph (b) insert—

or where regulations under sub-paragraph (5A) so provide.

(3) After sub-paragraph (5) insert—

(5A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal in relation to a decision only if the relevant authority which made the decision has considered whether to revise the decision under paragraph 3.

(5B) The regulations may in particular provide that that condition is met only where—

(a)the consideration by the relevant authority was on an application,

(b)the relevant authority considered issues of a specified description, or

(c)the consideration by the relevant authority satisfied any other condition specified in the regulations.

(5C) Regulations may provide that, where in accordance with regulations under sub-paragraph (5A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under paragraph 3.

Prospective

11.  In paragraph 20(4) of Schedule 7 (regulations subject to confirmatory procedure) for “or (4)” substitute “ , (4) or (5A) ”.N.I.

The Mesothelioma, etc., Act (Northern Ireland) 2008 (c. 9)N.I.

12.  The Mesothelioma, etc., Act (Northern Ireland) 2008 is amended as follows.

Commencement Information

I9Sch. 11 para. 12 in operation at 17.3.2016 by S.R. 2016/166, art. 2(b)

13.  In section 4(2) (regulations regarding reconsideration) after “and” insert “ may prescribe ”.N.I.

Commencement Information

I10Sch. 11 para. 13 in operation at 17.3.2016 by S.R. 2016/166, art. 2(b)

14.—(1) Section 5 (appeals to appeal tribunal) is amended as follows.N.I.

(2) After subsection (1) insert—

(1A) Regulations may provide that, in such cases or circumstances as may be prescribed, a person may appeal against a determination made on a claim only if the Department has decided whether to reconsider the determination under section 4.

(1B) The regulations may in particular provide that that condition is met only where—

(a)the decision of the Department was on an application,

(b)the Department considered issues of a specified description, or

(c)the decision of the Department satisfied any other condition specified in the regulations.

(3) In subsection (4)(c) after “an appeal under subsection (1)(a)” insert “ (or, where in accordance with regulations under subsection (1A) there is no right of appeal, any purported appeal) ”.

Commencement Information

I11Sch. 11 para. 14 in operation at 17.3.2016 by S.R. 2016/166, art. 2(b)

15.  In section 10(2) (Assembly control) after “section 1” insert “ or 5(1A) ”.N.I.

Commencement Information

I12Sch. 11 para. 15 in operation at 17.3.2016 by S.R. 2016/166, art. 2(b)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Order as a PDF

The Whole Order you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Order without Schedules

The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources