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The Social Security (Northern Ireland) Order 1998

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II DECISIONS AND APPEALS

    1. CHAPTER I GENERAL

      1. Decisions

        1. 3.Transfer of functions to the Department

        2. 4.Use of computers

      2. Appeals

        1. 5.Unified appeal tribunals

        2. 6.President of appeal tribunals

        3. 7.Panel for appointment to appeal tribunals

        4. 8.Constitution of appeal tribunals

    2. CHAPTER II SOCIAL SECURITY DECISIONS AND APPEALS

      1. Decisions

        1. 9.Decisions by the Department

        2. 10.Revision of decisions

        3. 11.Decisions superseding earlier decisions

      2. References of issues by the Department to Inland Revenue

        1. 11A.Reference of issues by the Department to Inland Revenue

        2. 12.Regulations with respect to decisions

      3. Appeals

        1. 13.Appeal to appeal tribunal

        2. 14.Redetermination, etc. of appeals by tribunal

        3. 15.Appeal from tribunal to Commissioner

      4. Procedure, etc.

        1. 16.Procedure

        2. 17.Finality of decisions

        3. 18.Matters arising as respects decisions

      5. Medical examinations

        1. 19.Medical examination required by the Department

        2. 20.Medical examination required by appeal tribunal

      6. Suspension and termination of benefit

        1. 21.Suspension in prescribed circumstances

        2. 22.Suspension and termination for failure to furnish information, etc.

        3. 23.Termination in cases of failure to furnish information

        4. 24.Suspension and termination for failure to submit to medical examination

      7. Appeals dependent on issues falling to be decided by Inland Revenue

        1. 24A.Appeals dependent on issues falling to be decided by Inland Revenue

      8. Decisions and appeals dependent on other cases

        1. 25.Decisions involving issues that arise on appeal in other cases

        2. 26.Appeals involving issues that arise on appeal in other cases

      9. Cases of error

        1. 27.Restrictions on entitlement to benefit in certain cases of error

        2. 28.Correction of errors and setting aside of decisions

      10. Industrial accidents

        1. 29.Decision that accident is an industrial accident

        2. 30.Effect of decision

      11. Other special cases

        1. 31.Incapacity for work

        2. 32.Industrial diseases

        3. 33.Christmas bonus

      12. Housing benefit

        1. 34.Determination of claims and reviews

        2. Art. 35 rep. by 2000 c. 4 (NI)

      13. Social fund payments

        1. 36.Appropriate officers

        2. 37.The social fund Commissioner and inspectors

        3. 38.Reviews of determinations

      14. Supplemental

        1. 39.Interpretation, etc. of Chapter II

    3. CHAPTER III CHILD SUPPORT DECISIONS AND APPEALS

      1. 40.Child support: revision of decisions

      2. 41.Child support: decisions superseding earlier decisions

      3. 42.Child support: appeals to appeal tribunals

      4. 43.Child support: decisions and appeals dependent on other cases

      5. 44.Child support: cases of error

  4. PART III CONTRIBUTIONS

    1. Amendments of the Contributions and Benefits Act

      1. 45.Apportionment of payments, etc. made for more than one earner

      2. 46.Payments on account of directors' contributions

      3. 47.Payments treated as remuneration and earnings

      4. Art. 48 rep. by 1999 c. 30

      5. Art. 49 rep. by 2000 c. 19

      6. 50.Class 1B contributions

      7. 51.Contributions paid in error

      8. 52.Recovery of primary Class 1 contributions by secondary contributors

      9. 53.Contributions returns

      10. 54.Collection of contributions by the Department

      11. Art. 55 rep. by SI 1999/671

    2. Amendments of the Administration Act

      1. 56.Breach of regulations

      2. 57.Offences and penalties relating to contributions

      3. 58.Evidence of non-payment

      4. Art. 59 rep. by 2004 c.3

      5. 60.Liability of directors, etc. for company's contributions

      6. 61.Class 1B contributions: supplemental

      7. 62.Payments of certain contributions out of the Consolidated Fund

  5. PART IV BENEFITS

    1. Amendments, etc. of the Contributions and Benefits Act

      1. 63.Daily rate of maternity allowance

      2. 64.Rates of short-term incapacity benefit

      3. 65.Validation of certain housing benefit determinations

      4. 66.Discretionary payments out of the social fund

      5. 67.Budgeting loans: criteria for making awards

      6. 68.Power to reduce child benefit for lone parents

      7. 69.Statutory sick pay not precluded by maternity allowance

    2. Amendments of the Administration Act

      1. 70.Provision of information

      2. 71.Overpayments out of the social fund

      3. 72.Power to anticipate pensions up-rating order

  6. PART V MISCELLANEOUS AND SUPPLEMENTAL

    1. 73.Pilot schemes

    2. 74.Regulations and orders

    3. 75.Assembly, etc. control of regulations

    4. 76.Reports by the Department

    5. 77.Transitory provisions

    6. Article 78—Amendments and repeals

  7. SCHEDULES

    1. SCHEDULE 1

      APPEAL TRIBUNALS: SUPPLEMENTARY PROVISIONS

      1. Tenure of office

        1. Tenure of office

          1. 1.Subject to the following provisions of this paragraph, the President of appeal tribunals shall hold

        2. Remuneration, etc.

          1. 2.The Department may pay, or make such payments towards the provision of, such remuneration, pensions

          2. 3.The Department may pay, or make such payments towards the provision of, such remuneration, pensions

          3. 3A.Paragraph 2 and 3, so far as relating to pensions and allowances by way of

          4. 4.The Department may pay—

          5. 5.Subject to sub-paragraph (2), the Department may pay such other expenses in connection with the

        3. Officers and staff

          1. 6.The Department may appoint such officers and staff as it thinks fit for the President

        4. Functions of President

          1. 7.The President shall ensure that appropriate steps are taken by an appeal tribunal to secure

          2. 8.The President shall, after the requisite consultation, arrange such training for persons appointed to the

          3. 9.The President shall supply the Department with such reports and other information with respect to

          4. 10.Each year the President shall make to the Department a written report, based on the

        5. Clerks to appeal tribunals

          1. 11.The Department may by regulations provide—

        6. Delegation of certain functions of appeal tribunals

          1. 12.The Department may by regulations provide—

        7. Certificates

          1. 13.A document bearing a certificate which—

    2. SCHEDULE 2

      DECISIONS AGAINST WHICH NO APPEAL LIES

      1. Jobseeker's allowance for persons under 18

        1. Jobseeker's allowance for persons under 18

          1. 1.In relation to a person who has reached the age of 16 but not the

        2. Christmas bonus

          1. 2.A decision whether a person is entitled to payment under section 144 of the Contributions

        3. Priority between persons entitled to invalid care allowance

          1. 3.A decision as to the exercise of the discretion under section 70(7) of the Contributions

        4. Priority between persons entitled to child benefit

          1. 4.A decision as to the exercise of the discretion under paragraph 5 of Schedule 10

        5. Persons treated as if present in Northern Ireland

          1. 5.A decision whether to certify, in accordance with regulations made under section 64(1), 71(6), 113(1)

        6. Work-focused interviews

          1. 5A.A decision terminating or reducing the amount of a person's benefit made in consequence of

        7. Alteration of rates of benefit

          1. 6.A decision as to the amount of benefit to which a person is entitled, where

        8. Increases in income support or income-based jobseeker's allowance due to attainment of particular ages

          1. 7.A decision as to the amount of benefit to which a person is entitled, where

        9. Reduction in accordance with reduced benefit [direction] decision

          1. 8.A decision to reduce the amount of a person's benefit in accordance with a reduced

        10. Reduction on application of benefit cap

          1. 8A.A decision to apply the benefit cap in accordance with regulations under Article 101 of

        11. Power to prescribe other decisions

          1. 9.Such other decisions as may be prescribed.

    3. SCHEDULE 3

      DECISIONS AGAINST WHICH AN APPEAL LIES

      1. PART I BENEFIT DECISIONS

        1. Entitlement to benefit without a claim

          1. 1.In such cases or circumstances as may be prescribed, a decision whether a person is

          2. 2.If so, a decision as to the amount to which he is entitled.

        2. Payability of benefit

          1. 3.A decision whether a relevant benefit (or a component of a relevant benefit) to which

        3. Payments to third parties

          1. 4.Except in such cases or circumstances as may be prescribed, a decisionwhether the whole or

        4. Recovery of benefits

          1. 5.A decision whether payment is recoverable under section 69 or 69Aof the Administration Act.

          2. 6.If so, a decision as to the amount of payment recoverable.

          3. 6A.A decision as to whether payment of housing credit (within the meaning of the State

          4. 6B.A decision as to the amount of payment recoverable under section 69ZB, 69ZG or 69ZH

        5. Industrial injuries benefit

          1. 7.A decision whether an accident was an industrial accident for the purposes of industrial injuries

        6. Jobseekers' agreements

          1. 8.A decision in relation to a jobseeker's agreement as proposed to be made under Article

        7. State pension credit

          1. 8A.A decision whether to specify a period as an assessed income period under section 6

          2. 8B.If so, a decision as to the period to be so specified.

          3. 8C.A decision whether an assessed income period comes to an end by virtue of section

          4. 8D.If so, a decision as to when the assessed income period so ends.

        8. Power to prescribe other decisions

          1. 9.Such other decisions relating to a relevant benefit as may be prescribed.

      2. PART II CONTRIBUTIONS DECISIONS

        1. Categorisation of earners

          1. Para. 10 rep. by

          2. Para. 10 rep. by

          3. Para. 11 rep. by

          4. Para. 11 rep. by

        2. Compulsory contributions

          1. Para. 12 rep. by

          2. Para. 12 rep. by

          3. Para. 13 rep. by

          4. Para. 13 rep. by

        3. Voluntary contributions

          1. Para. 14 rep. by

          2. Para. 14 rep. by

          3. Para. 15 rep. by

          4. Para. 15 rep. by

      3. Responsibilities at home

        1. Responsibilities at home

          1. 16.A decision whether a person was (within the meaning of regulations) precluded from regular employment

        2. Earnings and contributions credits

          1. 17.A decision whether a person is entitled to be credited with earnings or contributions in

        3. Statutory sick pay

          1. Para. 18 rep. by

          2. Para. 18 rep. by

          3. Para. 19 rep. by

          4. Para. 19 rep. by

        4. Statutory maternity pay

          1. Para. 20 rep by

          2. Para. 20 rep by

        5. Liability of directors, etc. for company's contributions

          1. Para. 22 rep. by

          2. Para. 22 rep. by

        6. Preserved rights to benefit, etc.

          1. Para. 23 rep. by

          2. Para. 23 rep. by

        7. Employment of long-term unemployed

          1. Para. 24 rep. by

          2. Para. 24 rep. by

        8. Interest and penalties

          1. Para. 25 rep. by

          2. Para. 25 rep. by

          3. Para. 26 rep. by

          4. Para. 26 rep. by

          5. Para. 27 rep. by

          6. Para. 27 rep. by

          7. Para. 28 rep. by

          8. Para. 28 rep. by

        9. Power to prescribe other decisions

          1. Para. 29 rep. by

          2. Para. 29 rep. by

    4. SCHEDULE 4

      REGULATIONS AS TO PROCEDURE: PROVISION WHICH MAY BE MADE

      1. 1.Provision prescribing the procedure to be followed in connection with—

      2. 2.Provision as to the striking out or reinstatement of proceedings.

      3. 3.Provision as to the form which is to be used for any document, the evidence

      4. 4.Provision as to the time within which, or the manner in which—

      5. 5.Provision for summoning persons to attend and give evidence or produce documents and for authorising

      6. 6.Provision with respect to the procedure to be followed on appeals to and in other

      7. 7.Provision for authorising an appeal tribunal consisting of two or more members to proceed with

      8. 8.Provision for empowering an appeal tribunal to give directions for the disposal of any purported

      9. 9.Provision for the non-disclosure to a person of the particulars of any medical advice or

    5. SCHEDULE 5

      TRANSITORY PROVISIONS

      1. Constitution of appeal tribunals

        1. Constitution of appeal tribunals

          1. 1.In relation to any time before the coming into operation of Article 8 so far

        2. Claims no longer subsisting after decisions made

          1. 2.In relation to any time before the coming into operation of Article 9(2), section 19

        3. Appeals to tribunals

          1. 3.In relation to appeals brought after the coming into operation of Article 77 and any

        4. Appeals to Commissioners

          1. 4.In relation to any time before the coming into operation of Article 15(7), section 21

        5. Suspension of benefit in prescribed circumstances

          1. 5.In relation to any time before the coming into operation of Article 21(2)(d), section 5(1)

        6. Restrictions on entitlement in certain cases of error

          1. 6.In relation to applications under section 24(1) or 28 of the Administration Act made after

        7. Reviews of social fund determinations

          1. 7.In relation to any time before the coming into operation of Article 38, section 64

        8. Overpayments out of the social fund

          1. 8.In relation to any time before the coming into operation of Articles 10, 11 and

        9. Child support: appeals to tribunals

          1. 9.In relation to appeals brought after the coming into operation of Article 77 and any

    6. Schedule 6—Amendments

    7. Schedule 7—Repeals

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