The Industrial Tribunals (Northern Ireland) Order 1996

Recoupment of social security benefits N.I.

Power to provide for recoupment of benefits N.I.

18.—(1) This Article applies to payments which are the subject of proceedings before industrial tribunals and which are—

(a) payments of wages or compensation for loss of wages,

(b) payments by employers to employees under any of the following provisions of the Employment Rights Order—

(i) Part V (guarantee payments);

(ii) Part VI (protection from detriment, etc. in employment);

(iii) Part VII (time off work);

(iv) Part VIII (suspension from work);

(v) Article 125 (written statement of reasons for dismissal);

(vi) Part XI (unfair dismissal);

(vii) Article 220 (handling of redundancies); or

(c) payments by employers to employees of a nature similar to, or for a purpose corresponding to the purpose of, payments within sub-paragraph (b),

and to payments of remuneration under a protective award under Article 217 of the Employment Rights Order.

(2) The Department and the Department of Health and Social Services (acting jointly) may by regulations make with respect to payments to which this Article applies provision for any or all of the purposes specified in paragraph (3).

(3) The purposes referred to in paragraph (2) are—

F1 (a) enabling the Department of Health and Social Services to recover from an employer, by way of total or partial recoupment of jobseeker's allowance [F2 , income support or income-related employment and support allowance]—

(i) a sum not exceeding the amount of the prescribed element of the monetary award, or

(ii) in the case of a protective award, the amount of the remuneration,

(b) requiring or authorising an industrial tribunal to order the payment of such a sum, by way of total or partial recoupment of [F3 jobseeker's allowance, income support or income-related employment and support allowance], to the Department of Health and Social Services instead of to an employee, and

F4 (c) requiring an industrial tribunal to order the payment to an employee of only the excess of the prescribed element of the monetary award over the amount of any jobseeker's allowance [F5 , income support or income-related employment and support allowance] shown to the tribunal to have been paid to the employee and enabling the Department of Health and Social Services to recover from the employer, by way of total or partial recoupment of the benefit, a sum not exceeding that amount.

(4) Regulations under this Article may—

(a) confer powers and impose duties on industrial tribunals orF6 . . . other persons,

(b) impose on an employer to whom a monetary award or protective award relates a duty—

(i) to furnish particulars connected with the award, and

(ii) to suspend payments in pursuance of the award during any period prescribed by the regulations,

(c) provide for an employer who pays a sum to the Department of Health and Social Services in pursuance of this Article to be relieved from any liability to pay the sum to another person,

[F7 (cc) provide for the determination by the Department of Health and Social Services of any issue arising as to the total or partial recoupment in pursuance of the regulations of a jobseeker’s allowance, unemployment benefit [F8 , income support or income-related employment and support allowance],

F9 (d) confer on an employee a right of appeal to an appeal tribunal constituted under Chapter I of Part II of the Social Security (Northern Ireland) Order 1998 against any decision of the Department of Health and Social Services on any such issue, and]

F10 (e) provide for the proof in proceedings before industrial tribunals (whether by certificate or in any other manner) of any amount of jobseeker's allowance [F11 , income support or income-related employment and support allowance] paid to an employee.

F1 By Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 34(1), 36(2), Sch. 4 Pt. 1 (with s. 9(3)) it is provided that in art. 18(3)(a) the words "or income support" are repealed (prosp.)

F2 Words in art. 18(3)(a) substituted (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 9(2)(a); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

F3 Words in art. 18(3)(b) substituted (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 9(2)(b); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

F4 By Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 34(1), 36(2), Sch. 4 Pt. 1 (with s. 9(3)) it is provided that in art. 18(3)(c) the words "or income support" are repealed (prosp.)

F5 Words in art. 18(3)(c) substituted (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 9(2)(a); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

F6 1998 NI 10

F7 1998 NI 10

F8 Words in art. 18(4)(cc) substituted (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 9(2)(a); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

F9 By Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 34(1), 36(2), Sch. 4 Pt. 1 (with s. 9(3)) it is provided that in art. 18(4)(d) the words "or of income support" are repealed (prosp.)

F10 By Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 34(1), 36(2), Sch. 4 Pt. 1 (with s. 9(3)) it is provided that in art. 18(4)(e) the words "or income support" are repealed (prosp.)

F11 Words in art. 18(4)(e) substituted (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 9(2)(a); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

Recoupment: further provisions N.I.

19.—(1) Where in pursuance of any regulations under Article 18 a sum has been recovered by or paid to the Department of Health and Social Services by way of total or partial recoupment of jobseeker's allowance [F12 , income support or income-related employment and support allowance]—

(a) no sum shall be recoverable under Part III or V of the [1992 c. 8.] Social Security Administration Act (Northern Ireland) 1992, and

(b) no abatement, payment or reduction shall be made by reference to the jobseeker's allowance [F12 , income support or income-related employment and support allowance] recouped.

(2) Any amount found to have been duly recovered by or paid to the Department of Health and Social Services in pursuance of regulations under Article 18 by way of total or partial recoupment of 1 jobseeker's allowance shall be paid into the Northern Ireland National Insurance Fund.

(3) In Article 18—

• “monetary award” means the amount which is awarded, or ordered to be paid, to the employee by the tribunal or would be so awarded or ordered apart from any provision of regulations under that Article, and

• “the prescribed element”, in relation to any monetary award, means so much of that award as is attributable to such matters as may be prescribed by regulations under that Article.

(4) In Article 18 “income-based jobseeker's allowance” has the same meaning as in the [1995 NI 15.] Jobseekers (Northern Ireland) Order 1995.

[F13 (5) In this Article and Article 18 “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance).]

F12 Words in art. 19(1) substituted (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 9(3); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

F13 Art. 19(5) added (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 9(4); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1