Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Part VI N.I. Enforcement

Modifications etc. (not altering text)

C1 Pt. VI: power to amend conferred (7.2.1994) by 1993 c. 49, s.173; S.R. 1994/17, art. 2

Unpaid contributions etc. N.I.

[F1 115CA Interpretation of Part VI N.I.

(1) F2 In this Part “ the relevant social security legislation ” means the provisions of any of the following, except so far as relating to contributions, ... statutory sick pay or statutory maternity pay, that is to say-

(a) the Contributions and Benefits Act;

(b) this Act;

(c) the Pensions Act, except Part III;

(d) Article 9 of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994;

(e) the Jobseekers (Northern Ireland) Order 1995;

(f) the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997;

(g) Parts II and V of the Social Security (Northern Ireland) Order 1998;

(h) Part VI of the Welfare Reform and Pensions (Northern Ireland) Order 1999;

[F3 (hh) the State Pension Credit Act (Northern Ireland) 2002;]

[F4 (hi) Part 1 of the Welfare Reform Act (Northern Ireland) 2007;]

[F5 (hj) Part 2 of the Welfare Reform (Northern Ireland) Order 2015;]

[F6 (hk) Part 5 of that Order;]

[F7 (hl) Part 1 of the Pensions Act (Northern Ireland) 2015;]

[F8 (hm) Part 5 of the Pensions Act (Northern Ireland) 2015;]

(i) the Social Security Pensions (Northern Ireland) Order 1975;

(j) the Social Security Act 1973;

(k) any statutory rule or statutory instrument made, or having effect as if made, under any statutory provision specified in paragraphs (a) to (j) above.

(2) In this Part “ authorised officer ” means a person acting in accordance with any authorisation for the purposes of this Part which is for the time being in force in relation to him.

(3) For the purposes of this Part -

(a) references to a document include references to anything in which information is recorded in electronic or any other form;

(b) the requirement that a notice given by an authorised officer be in writing shall be taken to be satisfied in any case where the contents of the notice-

(i) are transmitted to the recipient of the notice by electronic means; and

(ii) are received by him in a form that is legible and capable of being recorded for future reference.

(4) In this Part “premises” includes—

(a) moveable structures and vehicles, vessels, aircraft and hovercraft;

(b) installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and

(c) places of all other descriptions whether or not occupied as land or otherwise,

and references in this Part to the occupier of any premises shall be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.

(5) In this Part—

• “benefit” includes any allowance, payment, credit or loan;

• [F9 “benefit offence” means -

  (a)

  any criminal offence in connection with a claim for a relevant social security benefit;

  (b)

  any criminal offence in connection with the receipt or payment of any amount by way of such a benefit;

  (c)

  any criminal offence committed for the purpose of facilitating the commission (whether or not by the same person) of a benefit offence;

  (d)

  any attempt or conspiracy to commit a benefit offence;] and

• “compensation payment” has the same meaning as in the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997.

(6) In this Part—

(a) any reference to a person authorised to carry out any function relating to housing benefit shall include a reference to a person providing services relating to that benefit directly or indirectly to the Housing Executive; and

(b) any reference to the carrying out of a function relating to housing benefit shall include a reference to the provision of any services relating to it.]

[F10 (7) In this section “ relevant social security benefit ” means a benefit under any provision of the relevant social security legislation.]

Textual Amendments

F1 S. 115CA inserted (22.11.2000 for certain purposes, otherwise 2.4.2001) by 2000 c. 4 (N.I.), s. 58, Sch. 6 para. 8 (with s. 66(6)); S.R. 2000/358, art. 2, Sch. Pt. I; S.R. 2001/141, art. 2(1), Sch. Pt. I

F2 Words in s. 115CA(1) repealed (8.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(4)(e), Sch. 2 (with art. 3)

F3 S. 115CA(1)(hh) inserted (2.12.2002 for certain purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14), s. 14, Sch. 2 Pt. 2 para. 12; S.R. 2002/366, art. 2; S.R. 2003/373, art. 2

F4 S. 115CA(1)(hi) inserted (1.7.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 3 para. 4(11); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

F5 S. 115CA(1)(hj) inserted (2.5.2016 for specified purposes, 27.9.2017 in so far as not already in force) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 13; S.R. 2016/215, art. 2(2)(bb)(c)(v); S.R. 2017/190, art. 4(1)(2)(g)(ii)

F6 S. 115CA(1)(hk) inserted (20.6.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 9 para. 11; S.R. 2016/215, art. 3(2)

F7 S. 115CA(1)(hl) inserted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 13

F8 S. 115CA(1)(hm) inserted (6.4.2017) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 16 para. 26; S.R. 2017/44, art. 2(2) (with arts. 3, 4)

F9 Definition of "benefit offence" in s. 115CA(5) substituted (24.2.2003) by 2001 c. 17 (N.I.), ss. 1(7), 17(1); S.R. 2002/406, art. 2(2)(a)

F10 S. 115CA(7) inserted (24.2.2003) by 2001 c. 17 (N.I.), ss. 1(8), 17(1); S.R. 2002/406, art. 2(2)(a)