The Social Security (Northern Ireland) Order 1985

Statutory Instruments

1985 No. 1209 (N.I. 16)

The Social Security (Northern Ireland) Order 1985

31st July 1985

PART I N.I. INTRODUCTORY

Title, citation and commencement N.I.

1.—(1) This Order may be cited as the Social Security (Northern Ireland) Order 1985.

(2) This Order may be cited together with—

(a) the Social Security (Northern Ireland) Acts 1975 to 1984; and

(b) the [1983 NI 17] Social Security Adjudications (Northern Ireland) Order 1983,

as the Social Security (Northern Ireland) Act 1975 to 1985.

(3) Subject to the following provisions of this Article, this Order shall come into operation on such day or days as the Head of the Department may by order appointF1 .

(4) The following provisions of this Order shall come into operation on the fourteenth day after the day on which this Order is made—

this Article and Article 2;

Article 6 so far as it relates to Part I of Schedule 3;

Article 8(5) and (6);

Article 10;

Article 12;

Article 13;

Article 15(6) and (7);

Article 19;

Article 22;

Article 23;

Article 24;

Article 25(1), so far as it relates to paragraphs 14, 25, 28 and 29 of Schedule 5;

Article 25(2), so far as it relates to the repeals in—

• Article 43D of the Pensions Order;

• Article 18(7) of the [1977 NI 11] Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977; and

• the [1984 NI 8] Health and Social Security (Northern Ireland) Order 1984.

(5) The following provisions of this Order shall come into operation on 2nd September 1985.

F2 ...

Article 25(1) so far as it relates to paragraphs 2, 3 and 6 of Schedule 5;

Article 25(2) so far as it relates to the repeals in sections 79, 82 and 90 of the principal Act.

Para. (6) rep. by 1990 NI 15

(7) Articles 18 and 20 shall come into force on 6th April 1986.

(8) The Department may by regulations subject to negative resolution make such transitional and consequential provision (including provision modifying any provision contained in this or any other statutory provision) or saving as the Department considers necessary or expedient in connection with the coming into operation of any provision of this Order or the operation of any statutory provision which is repealed or amended by a provision of this Order during any period when the repeal or amendment is not wholly in operation.

(9) [F3 Subsections (4) and (5) of section 165 of the Social Security Administration (Northern Ireland) Act 1992]F3 (which among other things make provision about the extent of powers to make regulations) shall apply to the power to make regulations conferred by this Article as they apply to any power to make regulations conferred by that Act.

F1 partly exercised by SRs 1985/218, 247

F2 1986 NI 18

F3 1992 c. 9

Interpretation N.I.

2.—(1) The [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“the Department” means the Department of Health and Social Services;

“the 1982 Order” means the [1982 NI 16] Social Security (Northern Ireland) Order 1982;

“the Pensions Order” means the [1975 NI 15] Social Security Pensions (Northern Ireland) Order 1975;

“the principal Act” means the [1975 c. 15] Social Security (Northern Ireland) Act 1975;

“statutory provision” has the meaning assigned to it by section 1(f) of the [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954.

PART II N.I. OCCUPATIONAL PENSIONS

Arts. 3‐8 rep. by 1993 c. 49

PART III N.I. SOCIAL SECURITY

Arts. 9‐15 rep. by 1992 c. 9

Arts. 16, 17 rep. by 1986 NI 18

PART IV N.I. STATUTORY SICK PAY

Art. 18 rep. by 1992 c. 9

Art. 19 rep. by 1991 NI 9

Art. 20 rep. by 1992 c. 9

Article 21—Amendments

PART V N.I. MISCELLANEOUS AND SUPPLEMENTARY

Miscellaneous N.I.

Power to extend Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 N.I.

22.  In the [1979 NI 9] Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979—

(a) in Article 3 (payments to persons disabled by pneumoconiosis, etc.)—

(i) in paragraph (1) (list of diseases) after sub-paragraph (c) there shall be inserted the words—

“or

(d) any disease specified by the Department by order under this sub-paragraph;” ;

(ii) in paragraph (2) (time limit for making claims), for head (ii) of sub-paragraph (a) there shall be substituted the following head—

“(ii) in the case of pneumoconiosis, byssinosis or diffuse mesothelioma, 3rd September 1979 or in the case of a disease specified by order under paragraph (1)(d), the date of the commencement of that order,” ;

(b) in Article 4 (payments to dependants of persons disabled by pneumoconiosis, etc.)—

(i) in paragraph (1) (list of diseases), after sub-paragraph (c) there shall be inserted the words—

“or

(d) any disease specified by the Department by order under Article 3(1)(d),” ;

(ii) in paragraph (2) (time limit for making claims), for head (ii) of sub-paragraph (a) there shall be substituted the following head—

“(ii) in the case of pneumoconiosis, byssinosis or diffuse mesothelioma, 3rd September 1979 or in the case of a disease specified by order under Article 3(1)(d), the date of the commencement of that order,” ;

(c) in Article 5 (meaning of “dependant”)—

(i) in paragraph (2) for the words “the date of the commencement of Article 4” there shall be substituted the words “the relevant commencement date”;

(ii) in paragraph (3) (definition) after the definition of “relative” there shall be inserted the following definition—

“relevant commencement date” means in the case of pneumoconiosis, byssinosis or diffuse mesothelioma, 3rd September 1979 or in the case of a disease specified by order under Article 3(1)(d), the date of the commencement of that order,”;

(d) in Article 11(2) (regulations subject to affirmative resolution) after the words “Article 4” there shall be inserted the words “ and orders under Article 3(1)(d) ”.

Supplementary N.I.

Art. 23 rep. by 1992 c. 9

Financial provision N.I.

24.  All fees paid to the registrar of occupational pension schemes shall be paid into the Consolidated Fund of the United Kingdom.

Article 25—Amendments and repeals

N.I.

Schedules 1—3 rep. by 1993 c. 49

N.I.

Schedules 4, 5—Amendments

N.I.

Schedule 6—Repeals