Social Security Act 1986

Section 82.

SCHEDULE 9 Northern Ireland

PART I Appeal on Question of Law from Medical Appeal Tribunal to Commissioner

1 After section 112 of the Social Security (Northern Ireland) Act 1975 there shall be inserted the following section—

“112A Appeal etc. on question of law to Commissioner.

(1) Subject to this section, an appeal lies to a Commissioner from any decision of a medical appeal tribunal on the ground that the decision is erroneous in point of law, at the instance of—

(a) an adjudication officer; or

(b) the claimant; or

(c) a trade union of which the claimant was a member at the time of the relevant accident or, in a case relating to severe disablement allowance, at the prescribed time ; or

(d) the Department.

(2) Subsection (1) above, as it applies to a trade union, applies also to any other association which exists to promote the interests and welfare of its members.

(3) No appeal lies under subsection (1) above without the leave—

(a) of the person who was the chairman of the medical appeal tribunal when the decision was given or, in a case prescribed by regulations, the leave of some other chairman of a medical appeal tribunal; or

(b) subject to and in accordance with regulations, of a Commissioner,

and regulations may make provision as to the manner in which, and the time within which, appeals are to be brought and applications made for leave to appeal.

(4) Where a question of law arises in a case before a medical appeal tribunal, the tribunal may refer that question to a Commissioner for his decision.

(5) On any such appeal or reference, the question of law arising for the decision of the Commissioner and the facts on which it arises shall be submitted for his consideration in the prescribed manner; and the medical appeal tribunal on being informed in the prescribed manner of his decision on the question of law shall give, confirm or revise their decision on the accordingly.

(6) No appeal lies under subsection (1) from a decision of a medical appeal tribunal given before the date of the coming into operation of Part I of Schedule 9 to the Social Security Act 1986.”.

PART II Transfer of Functions Relating to Commissioners

2 (1) In this Part—

• " the Commissioners" means the Chief and other Social Security Commissioners for Northern Ireland ;

• " the Department", except in the expression " the Department of Finance and Personnel", means the Department of Health and Social Services for Northern Ireland.

(2) The references in paragraphs 3(1)(b) and 4 to service by any person as a Commissioner include references to service treated as service as a Commissioner under paragraph 5(2) of Schedule 10 to the [1975 c. 15.] Social Security (Northern Ireland) Act 1975 (service under former enactments).

3 (1) The following functions of the Department are hereby transferred to the Lord Chancellor—

(a) the functions of the Department under paragraphs 4, 6 and 7 of Schedule 10 to the Social Security (Northern Ireland) Act 1975 (payment of remuneration, expenses, and pensions of the Commissioners);

(b) the functions of the Department under the provisions of the [1951 c. 20 (N.I.).] Judicial Pensions Act (Northern Ireland) 1951 Gump sums and widow's and children's pensions) and paragraph 3 of Schedule 3 to the [1973 c. 15.] Administration of Justice Act 1973 (increase of certain widow's and children's pensions) so far as those provisions apply to service by any person as a Commissioner;

(c) the administration of the offices of the Commissioners, including the functions of the Department under paragraph 3 of Schedule 10 to the [1975 c. 15.] Social Security (Northern Ireland) Act 1975 (payments in connection with work of tribunals etc.) relating to the work of the Commissioners;

(d) the making, under or for the purposes of the enactments mentioned in sub-paragraph (2) below, of regulations with respect to proceedings before the Commissioners, whether for the determination of any matter or for leave to appeal to or from the Commissioners.

(2) The enactments referred to in sub-paragraph (1)(d) above are—

(a) sections 6(1) and 10 of the [1971 c. 8 (N.I.).] Family Income Supplements Act (Northern Ireland) 1971 ;

(b) section 5 of the [1974 c. 4 (N.I.).] National Insurance Measure (Northern Ireland) 1974;

(c) sections 106(2), 112A and 115(1) of the Social Security (Northern Ireland) Act 1975 ;

(d) Articles 9(1) and 24 of the [S.I. 1975/1504 (N.I. 16).] Child Benefit (Northern Ireland) Order 1975;

(e) the definition of " regulations " in Article 2(2), and Articles 4(1) and 19(1), of the [S.I. 1977/2156 (N.I. 27).] Supplementary Benefits (Northern Ireland) Order 1977 ;

(f) section 14 of the [1980 c. 30.] Social Security Act 1980 ;

(g) Article 11(1) of the [S.I. 1980/870 (N.I. 8).] Social Security (Northern Ireland) Order 1980;

(h) Article 6 of the [S.I. 1982/1082 (N.I. 14).] Forfeiture (Northern Ireland) Order 1982 ;

(j) Articles 17(5) and 36 of the [S.I. 1982/1084 (N.I. 16).] Social Security (Northern Ireland) Order 1982;

4 (1) The functions of the Department of Finance and Personnel, so far as they relate to the functions transferred by paragraph 3 above, are hereby transferred to the Treasury.

(2) The functions of the Department of Finance and Personnel under the [1951 c. 20 (N.I.).] Judicial Pensions Act (Northern Ireland) 1951, so far as it applies to service by any person as a Commissioner, are hereby transferred to the Treasury.

5 The functions of the Secretary of State under paragraph 7(5) of Schedule 10 to the Social Security (Northern Ireland) Act 1975 (power of Secretary of State to require person retired on medical grounds to resume duties of Commissioner) are hereby transferred to the Lord Chancellor.

6 (1) Subject to any Order made after the passing of this Act by virtue of subsection (1)(a) of section 3 of the [1973 c. 36.] Northern Ireland Constitution Act 1973, the matters to which this paragraph applies shall not be transferred matters for the purposes of that Act but shall for the purposes of subsection (2) of that section be treated as specified in Schedule 3 to that Act.

(2) This paragraph applies to all matters relating to the Commissioners, including procedure and appeals, other than those specified in paragraph 9 of Schedule 2 to the Northern Ireland Constitution Act 1973.

7 Regulations made by the Lord Chancellor by virtue of this Part of this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly.

8 (1) Enactments and instruments passed or made before the coming into operation of this Part of this Schedule shall have effect, so far as may be necessary for the purpose or in consequence of the transfers effected by this Part as if—

(a) references to the Department or to the Secretary of State were references to the Lord Chancellor ; and

(b) references to the Department of Finance and Personnel were references to the Treasury ; and

(c) references to moneys appropriated by Measure of the Northern Ireland Assembly were references to money provided by Parliament and references to the Consolidated Fund of Northern Ireland were references to the Consolidated Fund of the United Kingdom.

(2) This Part of this Schedule shall not affect the validity of anything done (or having effect as done) by or in relation to the Department, the Department of Finance and Personnel or the Secretary of State before the coming into operation of this Part, and anything which at the time of the coming into operation of this Part is in process of being done by or in relation to either of those Departments or the Secretary of State may, if it relates to a function transferred by this Part, be continued by or in relation to the Lord Chancellor or the Treasury, as the case may require.

(3) Anything done (or having effect as done) by the Department, the Department of Finance and Personnel or the Secretary of State for the purpose of a function transferred by this Part of this Schedule, if in force at the coming into operation of this Part, shall have effect, as far as required for continuing its effect after the corning into operation of this Part, as if done by the Lord Chancellor or by the Treasury, as the case may require.

(4) The amendments specified in Part III of this Schedule are without prejudice to the generality of this paragraph.

PART III Consequential Amendments

Judicial Pensions Act (Northern Ireland) 1951 (c. 20) (N.I.)

9 In section 16 of the Judicial Pensions Act (Northern Ireland) 1951 (recommendation required for payments conditional on eligibility for Commissioners' pensions) for the words " Department of Health and Social Services " there shall be substituted the words " Lord Chancellor ".

Social Security (Northern Ireland) Act 1975 (c. 15)

10 (1) In paragraphs 4, 6 and 7 of Schedule 10 to the Social Security (Northern Ireland) Act 1975 (payment of remuneration, expenses and pensions of the Commissioners)—

(a) for the word " Department" in each place where it occurs (except in the expression " Department of Finance ") there shall be substituted the words " Lord Chancellor " ;

(b) for the words " Department of Finance " in each place where they occur there shall be substituted the word " Treasury ".

(2) In sub-paragraph (1) of the said paragraph 6 for the words " moneys appropriated by Measure of the Northern Ireland Assembly " there shall be substituted the words " money provided by Parliament ".

(3) In sub-paragraph (5) of the said paragraph 7 for the words " Secretary of State " there shall be substituted the words " Lord Chancellor ".

Social Security Act 1980 (c. 30)

11 In section 14 of the Social Security Act 1980 (appeal from Commissioners etc. on point of law)—

(a) subsection (6) (which provides for modifying the preceding provisions of that section in relation to decisions of medical appeal tribunals appointed under the [1975 c. 15.] Social Security (Northern Ireland) Act 1975) shall cease to have effect;

(b) in subsection (7) (which provides for modifying subsections (3) and (5) of that section in relation to decisions of Commissioners on questions of law referred by medical appeal tribunals) after the words " to a Commissioner)" there shall be inserted the words " and in relation to a decision of a Commissioner within the meaning of the Social Security (Northern Ireland) Act 1975 which was given in consequence of a reference under subsection (4) of section 112A of that Act (which makes corresponding provision for Northern Ireland) " ;

(c) in subsection (8) (which provides for the making of regulations)—

(i) in paragraph (b), for the words from " or a medical appeal tribunal" to " for Northern Ireland " there shall be substituted the words " by the Lord Chancellor " ;

(ii) the words from " negative resolution " to the end there shall be substituted the words " annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly. ".

12 In paragraph 21 of Schedule 3 to that Act (regulations in Northern Ireland corresponding to regulations in Great Britain made by the Secretary of State not requiring prior submission to Social Security Advisory Committee), after the words "Secretary of State" there shall be inserted the words " or the Lord Chancellor ".

Forfeiture (Northern Ireland) Order 1982 (S.I. 1982/1082 (N.I. 14))

13 In Article 6(2) of the Forfeiture (Northern Ireland) Order 1982 (regulations for purposes of determinations by Social Security Commissioner), for the words " Department of Health and Social Services " there shall be substituted the words " Lord Chancellor ".