Child Support, Pensions and Social Security Act (Northern Ireland)

1. Introductory Text

2. PART I CHILD SUPPORT

   1. Maintenance calculations and default and interim maintenance decisions

      1. 1. Maintenance calculations and terminology

      2. 2. Applications under Article 7 of the Child Support Order

      3. 3. Applications by persons claiming or receiving benefit

      4. 4. Default and interim maintenance decisions

   2. Applications for a variation

      1. 5. Departure from usual rules for calculating maintenance

      2. 6. Applications for a variation: further provisions

      3. 7. Variations: revision and supersession

   3. Revision and supersession of decisions

      1. 8. Revision of decisions

      2. 9. Decisions superseding earlier decisions

   4. Appeals

      1. 10. Appeals to appeal tribunals

      2. 11. Redetermination of appeals

   5. Information

      1. 12. Information required by the Department

      2. 13. Information – offences

      3. 14. Inspectors

   6. Parentage

      1. 15. Presumption of parentage in child support cases

   7. Disqualification from driving

      1. 16. Disqualification from driving

   8. Financial penalties

      1. 17. Financial penalties

      2. 18. Reduced benefit decisions

   9. Miscellaneous

      1. 19. Voluntary payments

      2. 20. Recovery of child support maintenance by deduction from benefit

      3. 21. Jurisdiction

      4. 22. Abolition of the child maintenance bonus

      5. 23. Periodical reviews

      6. 24. Regulations

      7. 25. Amendments

      8. 26. Temporary compensation payment scheme

      9. 27. Pilot schemes

      10. 28. Transitional provisions, savings, etc

3. PART II PENSIONS

   1. CHAPTER I STATE PENSIONS

      1. State second pension

         1. 29. Earnings from which pension derived

         2. 30. Calculation

         3. 31. Calculation of Category B retirement pension

         4. 32. Revaluation

         5. 33. Supplementary

      2. Earnings factors

         1. 34. Modification of earnings factors

      3. Preservation of rights in respect of additional pensions

         1. 35. Preservation of rights in respect of additional pensions

      4. Other provisions

         1. 36. Home responsibilities protection

         2. 37. Sharing of state scheme rights

         3. 38. Disclosure of state pension information

   2. CHAPTER II OCCUPATIONAL AND PERSONAL PENSION SCHEMES

      1. Selection of trustees and of directors of corporate trustees

         1. 39. Member-nominated trustees

         2. 40. Corporate trustees

         3. 41. Employer’s proposals for selection of trustees or directors

         4. 42. Non-compliance in relation to arrangements or proposals

      2. Winding-up of schemes

         1. 43. Information to be given to the Authority

         2. 44. Modification of scheme to secure winding-up

         3. 45. Reports about winding-up

         4. 46. Directions for facilitating winding-up

      3. Other provisions

         1. 47. Restriction on index-linking where annuity tied to investments

         2. 48. Information for members of schemes, etc

         3. 49. Jurisdiction of the Pensions Ombudsman

         4. 50. Investigations by the Pensions Ombudsman

         5. 51. Prohibition on different rules for overseas residents, etc

         6. 52. Miscellaneous amendments and alternative to anti-franking rules

4. PART III SOCIAL SECURITY

   1. Loss of benefit

      1. 53. Loss of benefit for breach of community order

      2. 54. Loss of joint-claim jobseeker’s allowance

      3. 55. Information provision

      4. 56. Loss of benefit regulations

      5. 57. Appeals relating to loss of benefit

   2. Investigation powers

      1. 58. Investigation powers

   3. Housing benefit

      1. 59. Housing benefit: revisions and appeals

      2. 60. Discretionary financial assistance with housing

      3. 61. Grants towards cost of discretionary housing payments

      4. 62. Recovery of housing benefit

   4. Child benefit

      1. 63. Child benefit disregards

   5. Social Security Advisory Committee

      1. 64. Social Security Advisory Committee

5. PART IV MISCELLANEOUS AND SUPPLEMENTAL

   1. Miscellaneous

      1. 65. Tests for determining paternity

      2. 66. Declarations of status

   2. Supplemental

      1. 67. Repeals

      2. 68. Commencement and transitional provisions

      3. 69. Short title and interpretation

6. SCHEDULES

   1. SCHEDULE 1

      SUBSTITUTED PART I OF SCHEDULE 1 TO THE CHILD SUPPORT ORDER

   2. SCHEDULE 2

      SUBSTITUTED SCHEDULES 4A AND 4B TO THE CHILD SUPPORT ORDER

      1. PART I SUBSTITUTED SCHEDULE 4A.

      2. PART II SUBSTITUTED SCHEDULE 4B.

   3. SCHEDULE 3

      AMENDMENT OF STATUTORY PROVISIONS RELATING TO CHILD SUPPORT

      1. The Army Act 1955 (c. 18)

         1. 1. (1) Section 150AA (enforcement of maintenance assessment by deductions from...

      2. The Air Force Act 1955 (c. 19)

         1. 2. (1) Section 150AA (enforcement of maintenance assessment by deductions from...

      3. The Matrimonial Causes (Northern Ireland) Order 1978 (NI 15)

         1. 3. In Article 2(2) (interpretation), for the definition of “maintenance assessment”...

         2. 4. In Article 31 (duration of continuing financial provision orders in...

         3. 5. In Article 33 (variation, discharge, etc., of certain orders for...

      4. The Domestic Proceedings (Northern Ireland) Order 1980 (NI 5)

         1. 6. In Article 2(2) (interpretation), for the definition of “maintenance assessment”...

         2. 7. In Article 7 (age limit on making orders for financial...

         3. 8. In Article 22 (variation, revival and revocation of orders for...

      5. The Finance Act 1988 (c. 39)

         1. 9. In subsection (5A) of section 36 (annual payments) and subsection...

      6. The Insolvency (Northern Ireland) Order 1989 (NI 19)

         1. 10. In Article 255(5)(b) (effect of discharge on a bankrupt), for...

      7. The Child Support (Northern Ireland) Order 1991 (NI 23)

         1. 11. For “absent parent” or “absent parent's”, wherever they occur, there...

         2. 12. In Article 2(2) (interpretation)— (a) in the definition of “application...

         3. 13. In Article 7 (child support maintenance)— (a) in paragraph (4)(a),...

         4. 14. In Article 10 (role of the courts with respect to...

         5. 15. In Article 11 (agreements about maintenance), in paragraph (6), for...

         6. 16. In Article 16 (information required by the Department), in paragraph...

         7. 17. In Article 27 (disputes about parentage), in paragraph (1), after...

         8. 18. In Article 27A (recovery of fees for scientific tests)—

         9. 19. In Article 28ZA (decisions involving issues that arise on appeal...

         10. 20. In Article 28ZB (appeals involving issues that arise on appeal...

         11. 21. In Article 28ZC (restrictions on liability in certain cases of...

         12. 22. Articles 28H (departure directions: decisions and appeals) and 28I (transitional...

         13. 23. In Article 30 (collection and enforcement of other forms of...

         14. 24. In Article 32 (regulations about deduction from earnings orders), in...

         15. 25. In Article 33 (liability orders), after paragraph (4) there shall...

         16. 26. In Article 44 (fees), after paragraph (2) there shall be...

         17. 27. In Article 47 (supplementary powers to make regulations), in paragraph...

         18. 28. In Schedule 1 (maintenance assessments)— (a) paragraph 13 (assessments where...

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

         1. 29. In section 5A(6)(a) (sharing of functions as regards certain claims...

      9. The Children (Northern Ireland) Order 1995 (NI 2)

         1. 30. (1) Schedule 1 (financial provision for children) shall be amended...

      10. The Child Support (Northern Ireland) Order 1995 (NI 13)

          1. 31. In Article 12 (deferral of right to apply for maintenance...

          2. 32. Article 17 (compensation payments) shall cease to have effect.

      11. The Social Security (Northern Ireland) Order 1998 (NI 10)

          1. 33. In paragraph 8 of Schedule 2 (decisions against which no...

   4. SCHEDULE 4

      ADDITIONAL PENSION

   5. SCHEDULE 5

      PENSIONS: MISCELLANEOUS AMENDMENTS AND ALTERNATIVE TO ANTI-FRANKING RULES

      1. PART I MISCELLANEOUS AMENDMENTS

         1. Guaranteed minimum for widows and widowers

            1. 1. (1) In section 13 of the Pension Schemes Act (minimum...

         2. Transfer of rights to overseas personal pension schemes

            1. 2. (1) In section 16(1) of the Pension Schemes Act (transfer...

         3. Protected rights

            1. 3. (1) Section 24 of the Pension Schemes Act shall be...

         4. Use of cash equivalent for annuity

            1. 4. In section 91 of the Pension Schemes Act (ways of...

         5. Transfer values where pension in payment

            1. 5. (1) In section 93(2) of the Pension Schemes Act (calculation...

         6. Information about contracting-out

            1. 6. For section 152 of the Pension Schemes Act (information as...

         7. Trustees of schemes

            1. 7. In section 173 of the Pension Schemes Act (managers of...

         8. Register of disqualified trustees

            1. 8. (1) In Article 30(7) of the Pensions Order (persons disqualified:...

         9. Conditions of payment of surplus to employer

            1. 9. (1) Article 37 of the Pensions Order (payment of surplus...

         10. Duties relating to statements of contributions

             1. 10. (1) In Article 41 of the Pensions Order (provision of...

         11. Orders and regulations

             1. 11. In Article 167(3) of the Pensions Order (Assembly, etc. control...

      2. PART II ALTERNATIVE TO ANTI-FRANKING RULES

         1. Cases in which alternative applies

            1. 12. (1) Subject to the following provisions of this paragraph, this...

         2. Alternative rules

            1. 13. (1) Where this Part applies in the pensioner’s case, the...

         3. Relationship between alternative rules and other rules

            1. 14. (1) Paragraph 13 shall not apply to benefits consisting in...

         4. Supplemental

            1. 15. (1) In this Part references to rights accruing to a...

   6. SCHEDULE 6

      SOCIAL SECURITY INVESTIGATION POWERS

      1. Preliminary

         1. 1. Part VI of the Administration Act (enforcement) shall be amended...

      2. Replacement for inspector’s powers

         1. 2. For section 104 (appointment and powers of inspectors) there shall...

      3. Exercise of powers on behalf of the Housing Executive

         1. 3. For sections 104A and 104B (inspectors appointed by the Housing...

      4. Consequential amendments

         1. 4. In section 105 (delay, obstruction etc. of inspector)—

         2. 5. In section 105A(1) (dishonest representations for obtaining benefit etc.), before...

         3. 6. In section 106(1) (false representations for obtaining benefit etc.), before...

         4. 7. (1) In section 107(1) (breach of regulations) for “section 104...

         5. 8. After section 115C (but still in Part VI) there shall...

         6. 9. In Schedule 7 to the Administration Act (supplementary benefits, etc.),...

   7. SCHEDULE 7

      HOUSING BENEFIT: REVISIONS AND APPEALS

      1. Introductory

         1. 1. (1) In this Schedule “relevant authority” means the Housing Executive...

      2. Decisions on claims for benefit

         1. 2. Where at any time a claim for housing benefit is...

      3. Revision of decisions

         1. 3. (1) Any relevant decision may be revised or further revised...

      4. Decisions superseding earlier decisions

         1. 4. (1) Subject to sub-paragraph (4), the following, namely—

      5. Use of experts by relevant authorities

         1. 5. Where it appears to a relevant authority that a matter...

      6. Appeal to appeal tribunal

         1. 6. (1) Subject to sub-paragraph (2), this paragraph applies to any...

      7. Redetermination, etc. of appeals by tribunal

         1. 7. (1) This paragraph applies where an application is made to...

      8. Appeal from tribunal to Commissioner

         1. 8. (1) Subject to the provisions of this paragraph, an appeal...

      9. Appeal from Commissioner on point of law

         1. 9. (1) Subject to sub-paragraphs (2) and (3), an appeal on...

      10. Procedure

          1. 10. (1) Regulations may make for the purposes of this Schedule...

      11. Finality of decisions

          1. 11. Subject to the provisions of this Schedule, any decision made...

      12. Matters arising as respects decisions

          1. 12. Regulations may make provision as respects matters arising—

      13. Suspension in prescribed circumstances

          1. 13. (1) Regulations may provide for— (a) suspending, in whole or...

      14. Suspension for failure to furnish information, etc.

          1. 14. (1) The powers conferred by this paragraph are exercisable in...

      15. Termination in cases of a failure to furnish information, etc.

          1. 15. Regulations may provide that, except in prescribed cases or circumstances,...

      16. Decisions involving issues that arise on appeal in other cases

          1. 16. (1) This paragraph applies where— (a) a relevant decision, or...

      17. Appeals involving issues that arise on appeal in other cases

          1. 17. (1) This paragraph applies where— (a) an appeal (“appeal A”)...

      18. Restrictions on entitlement to benefit in certain cases of error

          1. 18. (1) Subject to sub-paragraph (2), this paragraph applies where—

      19. Correction of errors and setting aside of decisions

          1. 19. (1) Regulations may make provision with respect to—

      20. Regulations

          1. 20. (1) The power to make regulations under this Schedule shall...

      21. Consequential amendment of the Administration Act

          1. 21. In section 5(1)(hh) of the Administration Act (regulations about claims...

      22. Consequential amendments of the 1998 Order

          1. 22. (1) In Article 15(12) of the 1998 Order (appeal from...

      23. Interpretation

          1. 23. (1) In this Schedule— “affected” shall be construed subject to...

   8. SCHEDULE 8

      DECLARATIONS OF STATUS: CONSEQUENTIAL AMENDMENTS

      1. The Births and Deaths Registration (Northern Ireland) Order 1976 (NI 14)

         1. 1. In Article 19A(1)(a) (re-registration after declaration of parentage) after “Article”...

      2. The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

         1. 2. In Article 88 (nature of domestic proceedings) after paragraph (dg)...

      3. The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4)

         1. 3. In Article 40(1) (meaning of “the court” and appeals from...

      4. The Child Support (Northern Ireland) Order 1991 (NI 23)

         1. 4. In Article 27(2) (disputes about parentage), in Case C (where...

         2. 5. In Article 27A(2)(b) (recovery of fees for scientific tests), for...

         3. 6. For Article 28 (reference to court for declaration of parentage)...

      5. The Children (Northern Ireland) Order 1995 (NI 2)

         1. 7. (1) Schedule 7 (jurisdiction) shall be amended as follows.

   9. SCHEDULE 9

      REPEALS

      1. PART I CHILD SUPPORT

      2. PART II STATE PENSIONS

      3. PART III OCCUPATIONAL AND PERSONAL PENSION SCHEMES

         1. (1) Member-nominated trustees and directors

         2. (2) Information to be given by the Authority

         3. (3) Investigations by the Pensions Ombudsman

         4. (4) Guaranteed minimum for widows and widowers

         5. (5) Protected rights

         6. (6) Use of cash equivalent

         7. (7) Transfer values

         8. (8) Information about contracting-out

         9. (9) Duties relating to statements of contributions

         10. (10) Miscellaneous

      4. PART IV LOSS OF BENEFIT

      5. PART V INVESTIGATION POWERS

      6. PART VI HOUSING BENEFIT

      7. PART VII TESTS FOR DETERMINING PARENTAGE AND DECLARATIONS OF STATUS