The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999

Prospective

Explanatory Note

(This note is not part of the Regulations.)

These Regulations are made by virtue of, or in consequence of, provisions of the Social Security (Northern Ireland) Order 1998 (“the Order”) and supplement changes introduced by that Order to the decision-making process for social security and related matters. The Regulations also provide for the procedural rules and other requirements of a new unified appeals system introduced by the Order for social security, contracting-out of pensions and child support.

Part I contains provisions relating to the citation, commencement and interpretation of the Regulations and the service of notices or documents.

Part II makes provision for decisions by the Department of Health and Social Services in social security and related matters. Chapters I and II provide for the circumstances in which the Department may revise or supersede decisions, when such decisions take effect and related procedural rules. Chapter III contains miscellaneous provisions relating to decisions of the Department in social security, including certain relevant requirements formerly contained in regulations now being revoked and provision in relation to industrial injuries benefit enabling the Department to seek advice from a medical practitioner.

Part III makes provision for the suspension and termination of benefit and for dealing with decisions where there are related appeals or decisions.

Part IV concerns rights of appeal and the procedure for bringing appeals. Chapter I makes provision for additional persons to have a right of appeal, for decisions (other than those in the Order) against which there is no right of appeal and decisions where there is a right of appeal. It also provides procedural rules for bringing appeals. Chapter II provides for general appeals matters including those relating to child support.

Part V makes provision for appeal tribunals for social security, contracting-out of pensions and child support. Chapter I provides for the panel from which appeal tribunal members are drawn to include people with specified qualifications, for requirements relating to the composition of appeal tribunals and the assignment of clerks to tribunals. Chapter II makes provision for procedural requirements in the determination of appeals and referrals (including withdrawal of appeals and referrals), medical examinations and witnesses. Chapter III provides for the striking out of certain appeals and related procedures. Chapter IV provides for procedures at oral hearings. Chapter V makes provision relating to the decisions of appeal tribunals and applications for leave to appeal to a Social Security Commissioner.

Part VI provides for revocations.

Articles 7(3), 8(6), 10(1), (4) and (6), 11(3) and (6), 12(1), 13(2), (3), (6) and (7), 15(10)(a) and (11), 16(1), 17, 18(1), 20, 21(1) to (3), 22 to 24, 25(3)(b) and (5)(c), 26(6)(c), 28(1) and 31(2) of, and paragraphs 7, 11 and 12 of Schedule 1, paragraph 9 of Schedule 2, paragraphs 1, 4 and 9 of Schedule 3 and Schedule 4 to, the Order, some of the enabling provisions under which these Regulations are made, were brought into operation, for the purpose only of authorising the making of regulations on 10th March 1999, by virtue of the Social Security (1998 Order) (Commencement No. 4) Order (Northern Ireland) 1999 (S.R. 1999 No. 102 (C. 13)).

As these Regulations are made by virtue of, or are consequential upon, provisions of the Order and are made before the end of the period of 6 months from the commencement of those provisions, they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992, from prior reference to the Social Security Advisory Committee.