The Social Security (Northern Ireland) Order 1988

Income support and child benefit

6.—(1) In Article 21 of the 1986 Order, in paragraph (3)(a) (by virtue of which a person in Northern Ireland is entitled to income support if he is of or over the age of 16) for “16” there shall be substituted “18 or, in prescribed circumstances and for a prescribed period, of or over the age of 16 or he is a person to whom paragraph (4A) applies”.

(2) After paragraph (4) of that Article there shall be inserted the following paragraphs—

“(4A) If it appears to the Department—

(a) that a person of or over the age of 16 but under the age of 18 is not entitled to income support; and

(b) that severe hardship will result to that person unless income support is paid to him,

the Department may direct that this paragraph shall apply to him.

(4B) Any such direction may specify a period for which paragraph (4A) is to apply to the person to whom the direction relates.

(4C) The person to whom such a direction relates shall be treated in accordance with it, but if at any time it appears to the Department that there has been a change of circumstances as a result of which failure to receive income support need no longer result in severe hardship to him, the Department may revoke the direction.

(4D) The Department may also revoke the direction if—

(a) it is satisfied that the direction was given in ignorance of some material fact or was based on a mistake as to some material fact; and

(b) it considers that but for its ignorance or mistake it would not have determined that failure to receive income support would result in severe hardship.

(4E) Where—

(a) a direction under paragraph (4A) is revoked; and

(b) it is determined by an adjudication officer that, whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact and in consequence of the misrepresentation or failure a payment of income support has been made during the relevant period to the person to whom the direction related,

an adjudication officer may determine that the Department shall be entitled to recover the amount of the payment.

(4F) Article 54(2) and (5) to (9) apply to income support recoverable under paragraph (4E) as they apply to income support recoverable under Article 54(1).

(4G) The other provisions of Article 54 do not apply to income support recoverable under paragraph (4E).

(4H) In paragraph (4E) “the relevant period” means—

(a) if the revocation is under paragraph (4C), the period beginning with the date of the change of circumstances and ending with the date of the revocation; and

(b) if the revocation is under paragraph (4D), the period during which the direction was in force.

(4J) Where a direction under paragraph (4A) is revoked, the Department may certify whether there has been misrepresentation of a material fact or failure to disclose a material fact.

(4K) If the Department certifies that there has been such misrepresentation or failure to disclose, it may also certify—

(a) who made the misrepresentation or failed to make the disclosure; and

(b) whether or not a payment of income support has been made in consequence of the misrepresentation or failure.

(4L) If the Department certifies that a payment has been made, it may certify the period during which income support would not have been paid but for the misrepresentation or failure to disclose.

(4M) A certificate under this Article shall be conclusive for the purposes of this Article as to any matter certified.

(4N) In paragraphs (3)(a) and (4B) “period” includes—

(a) a period of a determinate length;

(b) a period defined by reference to the happening of a future event; and

(c) a period of a determinate length but subject to earlier determination upon the happening of a future event.”.

(3) In Article 4(1) of the Child Benefit (Northern Ireland) Order 1975(1), after sub-paragraph (a) there shall be inserted the following sub-paragraph—

“(aa) he is under the age of eighteen and not receiving full-time education and prescribed conditions are satisfied in relation to him; or”.

(4) In Article 6(1) of that Order, after “4(1)(b)” there shall be inserted the words “or by virtue of Article 4(1)(aa) and regulations made under that sub-paragraph”.

(1)

1975 NI 16