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

Part II U.K. Adjudication

Modifications etc. (not altering text)

C1 Part II (ss. 15-68): Power to modify conferred (1.7.1992) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), ss. 116(2), 171(8), 173(4) (with s. 108(5))

Part II (ss. 15-68): Power to modify conferred (1.7.1992) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), ss. 117(1), 171(8), 173(4) (with s. 108(5))

Part II (ss. 15-68): Power to modify conferred (1.7.1992) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), ss. 119, 171(8), 173(4) (with s. 108(5))

Part II (ss. 15-68) amended (25.8.1995) by S.R. 1995/293, reg. 43(2)

Part II (ss. 15-68) applied (with modifications) (25.8.1995) by S.R. 1995/293, reg. 44(2)(a)

Part II (ss. 15-68): power to modify (temp.) conferred (24.3.1999) by S.I. 1999/671, arts. 1(2)(c), 14(2)(a)

Part. II (ss. 15-68) (except ss. 22 and 50) ceased to have effect (5.7.1999, 6.9.1999, 5.10.1999, 18.10.1999 and 29.11.1999 for different purposes, otherwiseprosp.) by virtue of S.I. 1998/1506 (N.I. 10), arts. 1(2), 39(3) (with transitory provisions in Sch. 5); S.R. 1999/310, art. 2(1)(b), Sch. 1 (with arts. 4, 14); S.R. 1999/371, art. 2(b), Sch. 1 (with arts. 4, 18); S.R. 1999/407, art. 2(b), Sch. (with art. 4); S.R. 1999/428, art. 2(b), Sch. 1 (with arts. 4, 16) and S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22 and subject to art. 2(2) of that S.R.)

Adjudication by adjudication officers N.I.

[F1 18 Claims and questions to be submitted to adjudication officer. N.I.

(1) Subject to section 52 below, there shall be submitted forthwith to an adjudication officer for determination in accordance with this Part of this Act—

(a) any claim for a benefit to which this section applies;

(b) subject to subsection (2) below, any question arising in connection with a claim for, or award of, such a benefit; F2 . . .

[F3 (c) any question whether, if he otherwise had a right to it, a person would be disqualified under or by virtue of any provision of the Contributions and Benefits Act for receiving a benefit to which this section applies][F4 ; and

(d) any question whether a jobseeker’s allowance is not payable to a person by virtue of Article 21 of the Jobseekers (Northern Ireland) Order 1995.]

(2) Subsection (1) above does not apply to any question which

[F5 (a) may be determined by an adjudication officer under Article 11(6) or 12(5) of the Jobseekers (Northern Ireland) Order 1995; or

(b) falls to be determined otherwise than by an adjudication officer.]

(3) Any question as to, or in connection with, entitlement to statutory sick pay or statutory maternity pay may be submitted to an adjudication officer—

(a) by the Department; or

(b) subject to and in accordance with regulations, by the employee concerned,

for determination in accordance with this Part of this Act.

(4) If—

(a) a person submits a question relating to the age, marriage or death of any person; and

(b) it appears to the adjudication officer that the question may arise if the person who has submitted it to him submits a claim to a benefit to which this section applies,

the adjudication officer may determine the question.

(5) Different aspects of the same claim or question may be submitted to different adjudication officers; and for that purpose this section and the other provisions of this Part of this Act with respect to the determination of claims and questions shall apply with any necessary modifications.

(6) This section applies to the following benefits—

(a) benefit as defined in section 121 of the Contributions and Benefits Act;

[F6 (aa) a jobseeker’s allowance;]

(b) income support;

(c) family credit;

(d) disability working allowance;

(e) any social fund payment such as is mentioned in section 134(1)(a) or (2) of the Contributions and Benefits Act;

(f) child benefit;

(g) statutory sick pay; and

(h) statutory maternity pay.]

Textual Amendments

F1 S. 18 ceased to have effect (5.7.1999, 6.9.1999, 5.10.1999, 18.10.1999 and 29.11.1999 for different purposes, otherwiseprosp.) by virtue of S.I. 1998/1506 (N.I. 10), arts. 1(2), 39(3); S.R. 1999/310, art. 2(1)(b), Sch. 1 (with arts. 4, 14); S.R. 1999/371, art. 2(b), Sch. 1 (with arts. 4, 18); S.R. 1999/407, art. 2(b), Sch. (with art. 4); S.R. 1999/428, art. 2(b), Sch. 1 (with arts. 4, 16) and S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of the said S.R. 1999/472)

S. 18 repealed (29.11.1999 for certain purposes, otherwiseprosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78(2), Sch. 7; S.R. 1999/472, art., 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of the said S.R. 1999/472)

F2 Word in s. 18(1)(b) omitted (17.7.1996) and repealed (7.10.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1)(2), Sch. 2, para. 25(2), SCh. 3; S.R. 1996/285, art. 2, Sch; S.R. 1996/401, art. 2

F3 S. 18(1)(c) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. II para. 45; S.R. 1994/450, art. 2, Sch.

F4 S. 18(1)(d) and the word immediately preceding it inserted (17.7.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2, para. 25(2); S.R. 1996/285, art. 2, Sch.

F5 Words in s. 18(2) inserted (17.7.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 25(3); S.R. 1996/285, art. 2, Sch.

F6 S. 18(6)(aa) inserted (17.7.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 25(4); S.R. 1996/285, art. 2, Sch.

Modifications etc. (not altering text)

C2 S. 18(1) excluded (7.2.1994) by 1993 c. 49, s. 165(4); S.R. 1994/17, art. 2