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The Social Security (1998 Order) (Commencement No. 7 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999

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Article 2(b)

SCHEDULE 1Provisions coming into operation on 5th July 1999

Provisions of the OrderSubject Matter
Article 3(a)Transfer of functions to the Department
Article 4(2)(a)Use of computers
Article 5(1)(a) (in so far as it applies toUnified appeal tribunals
social security appeal tribunals and medical appeal tribunals) and (2)(a)
Article 9(1)(a) and (c), (2), (3) and (g), (4) and (5)(1)Decisions by the Department
Article 10Revision of decisions
Article 11Decisions superseding earlier decisions

Article 12(1) and (2) and in paragraph (3) the following definitions—

  • “the current legislation” (in so far as it applies to the Contributions and Benefits Act)

  • “expert”

  • “the former legislation” (except in so far as it applies to Part III of the Social Security (Northern Ireland) Order 1986(2))

Regulations with respect to decisions
Article 13(2), (3), (4) (except in so far as it applies to section 72 of the Administration Act) and (5) to (9)Appeal to appeal tribunal
Article 14Redetermination, etc. of appeals by tribunal
Article 15Appeals from tribunal to Commissioner
Article 16Procedure
Article 17Finality of decisions
Article 18Matters arising as respects decisions
Article 19Medical examination required by the Department
Article 20(1), (2) and (3)(a)Medical examination required by appeal tribunal
Articles 21 to 24Suspension and termination of benefit
Articles 25 and 26Decisions and appeals dependent on other cases
Article 27Restrictions on entitlement to benefit in certain cases of error
Article 28 (except paragraph (3)(d) and (e))Correction of errors and setting aside of decisions
Articles 29 and 30Industrial accidents
Article 39Interpretation, etc. of Chapter II
Schedule 2, paragraphs 4, 5, 6(a) and 9 and Article 13(1) in so far as it relates to themDecisions against which no appeal lies
Schedule 3, paragraphs 1, 2, 3(a) and (c), 4, 5 (except in so far as it applies to section 69A of the Administration Act), 6, 7 and 9 and Article 13(1)(b) in so far as it relates to themDecisions against which an appeal lies
Schedule 4Regulations as to procedure: provision which may be made
The following paragraphs of Schedule 6 and Article 78(1) in so far as it relates to them—Minor and consequential amendments
  • paragraph 4

Social Security Commissioner to decide whether rule applies to social security benefits
  • paragraph 45

Relevant employments
  • paragraph 46

Accidents in course of illegal employments
  • paragraph 47

General provisions relating to benefit under section 108
  • paragraph 48

General provisions as to disqualification and suspension
  • paragraph 49

Her Majesty’s forces
  • paragraph 50

Mariners, airmen, etc.
  • paragraph 51

Persons outside Northern Ireland
  • paragraph 52

Interpretation of Parts I to VI and supplementary provisions
  • paragraph 60(1)

Regulations about claims for and payments of benefit
  • paragraph 61

Appeal from Commissioners on point of law
  • paragraph 62

Overpayments – general
  • paragraph 65

Issues arising in proceedings
  • paragraph 70

Unauthorised disclosure of information relating to particular persons
  • paragraph 71

Regulations as to notification of deaths
  • paragraph 79

Destination of repayments, etc.
  • paragraph 83

Reciprocal arrangements with Great Britain – income-related benefits and child benefit
  • paragraph 84

Reciprocal arrangements with countries outside the United Kingdom
  • paragraph 85

Payment of travelling expenses by Department
  • paragraph 87(b) and (c)

Interpretation
  • paragraph 88

Commissioners, tribunals, etc. – supplementary provisions
  • paragraph 90

Old cases payments administration
  • paragraph 97

Disclosure of information between government departments, etc.
  • paragraph 98(2)

Application of general provisions relating to administration of social security
  • paragraph 99

Decisions and appeals
  • paragraph 116

Social security: amendments following certain orders

The following repeals in Schedule 7 and Article 78(2) in so far as it relates to them—

  • the Social Security Administration (Northern Ireland) Act 1992(3), section 144(5)(a)

  • the Pension Schemes (Northern Ireland) Act 1993(4), section 163(4)

Repeals

Article 8(7)

SCHEDULE 2

Regulations 11 and 12

SCHEDULE 2Provisions of the Order or regulations applicable (with the necessary modifications) to these regulations

Provisions of the Order or regulationsSubject matter
The Order
Part II, Chapter IIDecisions
Article 13Appeal to appeal tribunal
Article 15Appeal from tribunal to Commissioner
The Social Security (General Benefit) Regulations (Northern Ireland) 1984
Regulation 3Suspension of payment of benefit during imprisonment, etc.
The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987
Regulation 4Making a claim for benefit
Regulation 5Amendment and withdrawal of claim
Regulation 6Date of claim
Regulation 16Date of entitlement under an award for the purpose of determining the day from which benefit is to be payable and effective date of change of rate
Regulation 17Duration of awards
Regulation 20Time and manner of payment: general provision
Regulation 20A(5)Payment on presentation of an instrument for benefit payment
Regulation 21Direct credit transfer
Regulation 22Long term benefits
Regulation 25Payment of attendance allowance, disability living allowance and constant attendance allowance at a daily rate
Regulation 28Fractional amounts of benefit
Regulation 30Payments on death
Regulation 33Persons unable to act
Regulation 37Extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period
Regulation 46(6)Instruments of payment, etc.
The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988
Regulation 5Offsetting prior payment against subsequent award
The Decisions and Appeals Regulations
Part II, Chapter IRevisions
Part II, Chapter IISupersessions
Regulation 12Decisions of the Department relating to industrial injuries benefit
Part III, Chapter ISuspension and termination
Regulation 25Other persons with a right of appeal
Regulation 26Decisions against which an appeal lies
Regulation 27Decisions against which no appeal lies
Regulation 28Notice of decision against which appeal lies
Part IV, Chapter IIGeneral appeals matters
Part V, Chapter IThe panel and appeal tribunals
Regulation 38Consideration and determination of appeals and referrals
Regulation 39Directions concerning oral hearings
Regulation 40Withdrawal of appeals and referrals
Regulation 41Medical examination required by appeal tribunal
Regulation 42Non-disclosure of medical advice or evidence
Regulation 43Summoning of witnesses and administration of oaths
Part V, Chapter IIIStriking out of appeals
Part V, Chapter IVOral hearings
Part V, Chapter VDecisions of appeal tribunals and related matters
The Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999
Regulation 5General powers of a Commissioner
Regulation 7Delegation of functions to authorised officers
Regulation 8Manner of and time for service of notices, etc.
Regulation 9Application to a Commissioner for leave to appeal
Regulation 10Notice of application to a Commissioner for leave to appeal
Regulation 12Notice of appeal
Regulation 13Time limit for appealing after leave obtained
Regulation 16Acknowledgement of a notice of appeal or a reference and notification to each respondent
Regulation 18Respondent’s written observations
Regulation 19Written observations in reply
Regulation 20Directions
Regulation 22Non-disclosure of medical evidence
Regulation 23Requests for hearings
Regulation 24Hearings
Regulation 25Summoning of witnesses
Regulation 26Withdrawal of applications for leave to appeal, appeals and references
Regulation 27Irregularities
Regulation 28Determinations and decisions of a Commissioner
Regulation 30Correction of accidental errors in decisions
Regulation 31Setting aside decisions on certain grounds
Regulation 32Provisions common to regulations 30 and 31
Regulation 33Applications to a Commissioner for leave to appeal to the Appellate Court

Article 15

SCHEDULE 3Regulations revoked

Column (1)Column (2)Column (3)
CitationReferenceExtent of revocation
The Social Security (Adjudication) (Consequential Amendments) Regulations (Northern Ireland) 1984S.R. 1984 No. 174Regulations 3 and 11
The Workmen’s Compensation (Supplementation) (Amendment No. 2) Regulations (Northern Ireland) 1990S.R. 1990 No. 445Regulation 2(4) and (6) and the Schedule
The Social Security (Industrial Injuries and Adjudication) (Amendment) Regulations (Northern Ireland) 1993S.R. 1993 No. 168Regulation 2
(1)

Articles 9, 11, 13, 14, 18, 28 and 39 were amended, respectively, by paragraphs 16, 17, 19, 20, 23, 28 and 29 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

(5)

Regulation 20A was inserted by regulation 2(4) of S.R. 1994 No. 484 and amended by regulation 2(2) of S.R. 1996 No. 85

(6)

Regulation 46 was substituted by regulation 2(8) of S.R. 1994 No. 484

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