Search Legislation

The Social Security (Adjudication) (Amendment No. 3) Regulations (Northern Ireland) 1994

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Rules of Northern Ireland

1994 No. 396

SOCIAL SECURITY

The Social Security (Adjudication) (Amendment No. 3) Regulations (Northern Ireland) 1994

Made

19th October 1994

Coming into operation

14th November 1994

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by section 59(1) of the Social Security Administration (Northern Ireland) Act 1992(1) and of all other powers enabling it in that behalf, hereby makes the following regulations:

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the Social Security (Adjudication) (Amendment No. 3) Regulations (Northern Ireland) and shall come into operation on 14th November 1994.

(2) The Interpretation Act (Northern Ireland)1954(2) shall apply to these regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment of the Social Security (Adjudication) Regulations

2.—(1) Regulation 64 of the Social Security (Adjudication) Regulations (Northern Ireland) 1987(3) (income support and social fund questions not immediately determinable) shall be amended in accordance with paragraphs (2) and (3).

(2) For paragraphs (1) and (2) there shall be substituted the following paragraphs—

(1) Where on consideration of a claim or question relating to income support or to payment of maternity expenses from the social fund under Part VIII of the Social Security Contributions and Benefits (Northern lreland) Act 1992(4) it appears to be an adjudication officer that the claimant’s entitlement to, or the rate or amount of, such benefit depends on the determination of—

(a)the question as to what housing costs are to be included in the claimant’s applicable amount by virtue of regulation 17(1)(e) (applicable amounts) or 18(1)(f) (polygamous marriages of, and Schedule 3 (housing costs) to, the Income Support (General Regulations (Northern Ireland) 1987(5) and the adjudication officer is satisfied that not all of those housing costs can be immediately determined, he shall proceed to determine the claim or question on the assumption that the housing costs to be included in the claimant’s applicable amount are those that can be immediately determined;

(b)any of the questions mentioned in paragraph (3), and the adjudication officer is satisfied that the question cannot be immediately determined, he shall proceed to determine the claim or question on the assumption that the determination of the question so mentioned will be adverse to the claimant.

(2) Without prejudice to the power of an adjudication officer to refer any claim or question to an appeal tribunal under section 19(2) of the Administration Act and notwithstanding the provisions of section 20 of that Act, on an appeal to an appeal tribunal in any case where the adjudication officer has applied the provisions of paragraph (1) in relation to any of the questions mentioned or referred to in that paragraph, the tribunal shall not determine any such question until it has been determined by an adjudication officer..

(3) In paragraph (3), after sub-paragraph (g) there shall be added the following sub-paragraph—

(h)whether in relation to any claimant the applicable amount includes severe disability premium by virtue of regulation 17(1)(d) or 18(1)(e) of, and paragraph 13 of Schedule 2 to, the Income Support (General) Regulations (Northern Ireland) 1987 (applicable amounts)..

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

W. G. Purdy

Assistant Secretary

19th October 1994.

Explanatory Note

(This note is not part of the Regulations.)

These regulations amend the Social Security (Adjudication) Regulations (Northern Ireland) 1987. Regulation 2 amends regulation 64 of those regulations which provides for circumstances in which an adjudication officer can, as an interim measure, proceed to determine claims or questions relating to income support or to payment of maternity expenses from the social fund which depend on answering a listed question on the assumption that the determination of that question will be adverse to the claimant.

The regulation—

(a)provides that where a question arises as to what housing costs are to be included in a claimant’s applicable amount and those costs cannot be immediately determined, an adjudication officer shall proceed to determine a claim or question on the assumption that the housing costs to be included in the claimant’s applicable amount are those that can be immediately determined;

(b)adds the question as to whether severe disability premium is included in a claimant’s applicable amount to the list of questions in paragraph (3)

These regulations make in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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

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

Close

Opening Options

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

Close

More Resources

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

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

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