The Social Security (1998 Order) (Commencement No. 7 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999

Modification of the Social Security (Payments on account, Overpayments and Recovery) Regulations N.I.

13.  The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988(1) shall have effect in relation to any benefit mentioned in Article 2(1)(b)(i) to (iii) as if—

(a) in regulation 1(2) (interpretation)—

(i) after the definition of “the Order” there were inserted the following definition—

““the 1998 Order” means the Social Security (Northern Ireland) Order 1998;”, and

(ii) for the definition of “adjudicating authority”(2) there were substituted the following definition—

• ““adjudicating authority” means, as the case may require, the Department, an appeal tribunal to which there is a right of appeal pursuant to Article 13 of the 1998 Order or a Commissioner to whom an appeal lies under Article 15 of that Order;”;

(b) in regulation 2(1)(b) (making of interim payments) for “review” there were substituted “revision, supersession”;

(c) in regulation 5(2) (offsetting prior payment against subsequent award) in Case 1—

(i) in the heading after “revised,” there were inserted “superseded”, and

(ii) for “varied on appeal or revised on a review” there were substituted “revised under Article 10 of the 1998 Order or superseded under Article 11 of that Order or is varied on appeal”;

(d) in regulation 8(2) (duplication and prescribed payments) for “review” there were substituted “revision under Article 10 of the 1998 Order or supersession under Article 11 of that Order”; and

(e) in regulation 12 (circumstances in which determination need not be revised)—

(i) for “variation or revision” there were substituted “variation, revision or supersession”, and

(ii) for “reviewing and revising” there were substituted “revising under Article 10 of the 1998 Order or superseding under Article 11 of that Order”.

Commencement Information

I1 Art. 13 in operation at made date

(1)

S.R. 1988 No. 142; relevant amending regulations are S.R. 1992 No. 6

(2)

The definition of “adjudicating authority” was amended by regulation 14(2)(a) of S.R. 1992 No. 6