SCHEDULE 1Provisions coming into operation on 5th July 1999

Article 2(b)

Provisions of the Order

Subject Matter

Article 3(a)

Transfer of functions to the Department

Article 4(2)(a)

Use of computers

Article 5(1)(a) (in so far as it applies to

Unified appeal tribunals

social security appeal tribunals and medical appeal tribunals) and (2)(a)

Article 9(1)(a) and (c), (2), (3) and (g), (4) and (5)44

Decisions by the Department

Article 10

Revision of decisions

Article 11

Decisions superseding earlier decisions

Article 12(1) and (2) and in paragraph (3) the following definitions—

  • “the current legislation” (in so far as it applies to the Contributions and Benefits Act)

  • “expert”

  • “the former legislation” (except in so far as it applies to Part III of the Social Security (Northern Ireland) Order 198645)

Regulations with respect to decisions

Article 13(2), (3), (4) (except in so far as it applies to section 72 of the Administration Act) and (5) to (9)

Appeal to appeal tribunal

Article 14

Redetermination, etc. of appeals by tribunal

Article 15

Appeals from tribunal to Commissioner

Article 16

Procedure

Article 17

Finality of decisions

Article 18

Matters arising as respects decisions

Article 19

Medical examination required by the Department

Article 20(1), (2) and (3)(a)

Medical examination required by appeal tribunal

Articles 21 to 24

Suspension and termination of benefit

Articles 25 and 26

Decisions and appeals dependent on other cases

Article 27

Restrictions on entitlement to benefit in certain cases of error

Article 28 (except paragraph (3)(d) and (e))

Correction of errors and setting aside of decisions

Articles 29 and 30

Industrial accidents

Article 39

Interpretation, etc. of Chapter II

Schedule 2, paragraphs 4, 5, 6(a) and 9 and Article 13(1) in so far as it relates to them

Decisions against which no appeal lies

Schedule 3, paragraphs 1, 2, 3(a) and (c), 4, 5 (except in so far as it applies to section 69A of the Administration Act), 6, 7 and 9 and Article 13(1)(b) in so far as it relates to them

Decisions against which an appeal lies

Schedule 4

Regulations as to procedure: provision which may be made

The following paragraphs of Schedule 6 and Article 78(1) in so far as it relates to them—

Minor and consequential amendments

  • paragraph 4

Social Security Commissioner to decide whether rule applies to social security benefits

  • paragraph 45

Relevant employments

  • paragraph 46

Accidents in course of illegal employments

  • paragraph 47

General provisions relating to benefit under section 108

  • paragraph 48

General provisions as to disqualification and suspension

  • paragraph 49

Her Majesty’s forces

  • paragraph 50

Mariners, airmen, etc.

  • paragraph 51

Persons outside Northern Ireland

  • paragraph 52

Interpretation of Parts I to VI and supplementary provisions

  • paragraph 60(1)

Regulations about claims for and payments of benefit

  • paragraph 61

Appeal from Commissioners on point of law

  • paragraph 62

Overpayments – general

  • paragraph 65

Issues arising in proceedings

  • paragraph 70

Unauthorised disclosure of information relating to particular persons

  • paragraph 71

Regulations as to notification of deaths

  • paragraph 79

Destination of repayments, etc.

  • paragraph 83

Reciprocal arrangements with Great Britain – income-related benefits and child benefit

  • paragraph 84

Reciprocal arrangements with countries outside the United Kingdom

  • paragraph 85

Payment of travelling expenses by Department

  • paragraph 87(b) and (c)

Interpretation

  • paragraph 88

Commissioners, tribunals, etc. – supplementary provisions

  • paragraph 90

Old cases payments administration

  • paragraph 97

Disclosure of information between government departments, etc.

  • paragraph 98(2)

Application of general provisions relating to administration of social security

  • paragraph 99

Decisions and appeals

  • paragraph 116

Social security: amendments following certain orders

The following repeals in Schedule 7 and Article 78(2) in so far as it relates to them—

  • the Social Security Administration (Northern Ireland) Act 199246, section 144(5)(a)
  • the Pension Schemes (Northern Ireland) Act 199347, section 163(4)

Repeals

SCHEDULE 2

Article 8(7)

“SCHEDULE 2Provisions of the Order or regulations applicable (with the necessary modifications) to these regulations

Regulations 11 and 12

Provisions of the Order or regulations

Subject matter

The Order

Part II, Chapter II

Decisions

Article 13

Appeal to appeal tribunal

Article 15

Appeal from tribunal to Commissioner

The Social Security (General Benefit) Regulations (Northern Ireland) 1984

Regulation 3

Suspension of payment of benefit during imprisonment, etc.

The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987

Regulation 4

Making a claim for benefit

Regulation 5

Amendment and withdrawal of claim

Regulation 6

Date of claim

Regulation 16

Date of entitlement under an award for the purpose of determining the day from which benefit is to be payable and effective date of change of rate

Regulation 17

Duration of awards

Regulation 20

Time and manner of payment: general provision

Regulation 20A48

Payment on presentation of an instrument for benefit payment

Regulation 21

Direct credit transfer

Regulation 22

Long term benefits

Regulation 25

Payment of attendance allowance, disability living allowance and constant attendance allowance at a daily rate

Regulation 28

Fractional amounts of benefit

Regulation 30

Payments on death

Regulation 33

Persons unable to act

Regulation 37

Extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period

Regulation 4649

Instruments of payment, etc.

The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988

Regulation 5

Offsetting prior payment against subsequent award

The Decisions and Appeals Regulations

Part II, Chapter I

Revisions

Part II, Chapter II

Supersessions

Regulation 12

Decisions of the Department relating to industrial injuries benefit

Part III, Chapter I

Suspension and termination

Regulation 25

Other persons with a right of appeal

Regulation 26

Decisions against which an appeal lies

Regulation 27

Decisions against which no appeal lies

Regulation 28

Notice of decision against which appeal lies

Part IV, Chapter II

General appeals matters

Part V, Chapter I

The panel and appeal tribunals

Regulation 38

Consideration and determination of appeals and referrals

Regulation 39

Directions concerning oral hearings

Regulation 40

Withdrawal of appeals and referrals

Regulation 41

Medical examination required by appeal tribunal

Regulation 42

Non-disclosure of medical advice or evidence

Regulation 43

Summoning of witnesses and administration of oaths

Part V, Chapter III

Striking out of appeals

Part V, Chapter IV

Oral hearings

Part V, Chapter V

Decisions of appeal tribunals and related matters

The Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999

Regulation 5

General powers of a Commissioner

Regulation 7

Delegation of functions to authorised officers

Regulation 8

Manner of and time for service of notices, etc.

Regulation 9

Application to a Commissioner for leave to appeal

Regulation 10

Notice of application to a Commissioner for leave to appeal

Regulation 12

Notice of appeal

Regulation 13

Time limit for appealing after leave obtained

Regulation 16

Acknowledgement of a notice of appeal or a reference and notification to each respondent

Regulation 18

Respondent’s written observations

Regulation 19

Written observations in reply

Regulation 20

Directions

Regulation 22

Non-disclosure of medical evidence

Regulation 23

Requests for hearings

Regulation 24

Hearings

Regulation 25

Summoning of witnesses

Regulation 26

Withdrawal of applications for leave to appeal, appeals and references

Regulation 27

Irregularities

Regulation 28

Determinations and decisions of a Commissioner

Regulation 30

Correction of accidental errors in decisions

Regulation 31

Setting aside decisions on certain grounds

Regulation 32

Provisions common to regulations 30 and 31

Regulation 33

Applications to a Commissioner for leave to appeal to the Appellate Court”

SCHEDULE 3Regulations revoked

Article 15

Column (1)

Column (2)

Column (3)

Citation

Reference

Extent of revocation

The Social Security (Adjudication) (Consequential Amendments) Regulations (Northern Ireland) 1984

S.R. 1984 No. 174

Regulations 3 and 11

The Workmen’s Compensation (Supplementation) (Amendment No. 2) Regulations (Northern Ireland) 1990

S.R. 1990 No. 445

Regulation 2(4) and (6) and the Schedule

The Social Security (Industrial Injuries and Adjudication) (Amendment) Regulations (Northern Ireland) 1993

S.R. 1993 No. 168

Regulation 2