The Social Security (Northern Ireland) Order 1998

Link to law: http://www.legislation.gov.uk/nisi/1998/1506/contents

Introductory Text

PART I INTRODUCTORY

1.Title and commencement
2.Interpretation

PART II DECISIONS AND APPEALS

CHAPTER I GENERAL

Decisions

3.Transfer of functions to the Department
4.Use of computers

Appeals

5.Unified appeal tribunals
6.President of appeal tribunals
7.Panel for appointment to appeal tribunals
8.Constitution of appeal tribunals

CHAPTER II SOCIAL SECURITY DECISIONS AND APPEALS

Decisions

9.Decisions by the Department
10.Revision of decisions
11.Decisions superseding earlier decisions

References of issues by the Department to Inland Revenue

11A.Reference of issues by the Department to Inland Revenue
12.Regulations with respect to decisions

Appeals

13.Appeal to appeal tribunal
14.Redetermination, etc. of appeals by tribunal
15.Appeal from tribunal to Commissioner

Procedure, etc.

16.Procedure
17.Finality of decisions
18.Matters arising as respects decisions

Medical examinations

19.Medical examination required by the Department
20.Medical examination required by appeal tribunal

Suspension and termination of benefit

21.Suspension in prescribed circumstances
22.Suspension and termination for failure to furnish information, etc.
23.Termination in cases of failure to furnish information
24.Suspension and termination for failure to submit to medical examination

Appeals dependent on issues falling to be decided by Inland Revenue
24A.Appeals dependent on issues falling to be decided by Inland Revenue

Decisions and appeals dependent on other cases

25.Decisions involving issues that arise on appeal in other cases
26.Appeals involving issues that arise on appeal in other cases

Cases of error

27.Restrictions on entitlement to benefit in certain cases of error
28.Correction of errors and setting aside of decisions

Industrial accidents

29.Decision that accident is an industrial accident
30.Effect of decision

Other special cases

31.Incapacity for work
32.Industrial diseases
33.Christmas bonus

Housing benefit

34.Determination of claims and reviews
Art. 35 rep. by 2000 c. 4 (NI)

Social fund payments

36.Appropriate officers
37.The social fund Commissioner and inspectors
38.Reviews of determinations

Supplemental
39.Interpretation, etc. of Chapter II

CHAPTER III CHILD SUPPORT DECISIONS AND APPEALS

40.Child support: revision of decisions
41.Child support: decisions superseding earlier decisions
42.Child support: appeals to appeal tribunals
43.Child support: decisions and appeals dependent on other cases
44.Child support: cases of error

PART III CONTRIBUTIONS

Amendments of the Contributions and Benefits Act

45.Apportionment of payments, etc. made for more than one earner
46.Payments on account of directors' contributions
47.Payments treated as remuneration and earnings
Art. 48 rep. by 1999 c. 30
Art. 49 rep. by 2000 c. 19
50.Class 1B contributions
51.Contributions paid in error
52.Recovery of primary Class 1 contributions by secondary contributors
53.Contributions returns
54.Collection of contributions by the Department
Art. 55 rep. by SI 1999/671

Amendments of the Administration Act

56.Breach of regulations
57.Offences and penalties relating to contributions
58.Evidence of non-payment
Art. 59 rep. by 2004 c.3
60.Liability of directors, etc. for company's contributions
61.Class 1B contributions: supplemental
62.Payments of certain contributions out of the Consolidated Fund

PART IV BENEFITS

Amendments, etc. of the Contributions and Benefits Act

63.Daily rate of maternity allowance
64.Rates of short-term incapacity benefit
65.Validation of certain housing benefit determinations
66.Discretionary payments out of the social fund
67.Budgeting loans: criteria for making awards
68.Power to reduce child benefit for lone parents
69.Statutory sick pay not precluded by maternity allowance

Amendments of the Administration Act

70.Provision of information
71.Overpayments out of the social fund
72.Power to anticipate pensions up-rating order

PART V MISCELLANEOUS AND SUPPLEMENTAL

73.Pilot schemes
74.Regulations and orders
75.Assembly, etc. control of regulations
76.Reports by the Department
77.Transitory provisions
Article 78—Amendments and repeals

SCHEDULES

SCHEDULE 1
APPEAL TRIBUNALS: SUPPLEMENTARY PROVISIONS

Tenure of office (1) Subject to the following provisions of this paragraph, the...

Tenure of office
1.(1) Subject to the following provisions of this paragraph, the...

Remuneration, etc.

2.The Department may pay, or make such payments towards the...
3.The Department may pay, or make such payments towards the...
4.(1) The Department may pay— (a) to any person required...
5.(1) Subject to sub-paragraph (2), the Department may pay such...

Officers and staff
6.The Department may appoint such officers and staff as it...

Functions of President

7.The President shall ensure that appropriate steps are taken by...
8.(1) The President shall, after the requisite consultation, arrange such...
9.The President shall supply the Department with such reports and...
10.Each year the President shall make to the Department a...

Clerks to appeal tribunals
11.The Department may by regulations provide— (a) for clerks to...

Delegation of certain functions of appeal tribunals
12.(1) The Department may by regulations provide—

Certificates
13.A document bearing a certificate which— (a) is signed by...

SCHEDULE 2
DECISIONS AGAINST WHICH NO APPEAL LIES

Jobseeker's allowance for persons under 18 In relation to a person who has reached the age...

Jobseeker's allowance for persons under 18
1.In relation to a person who has reached the age...

Christmas bonus
2.A decision whether a person is entitled to payment under...

Priority between persons entitled to invalid care allowance
3.A decision as to the exercise of the discretion under...

Priority between persons entitled to child benefit
4.A decision as to the exercise of the discretion under...

Persons treated as if present in Northern Ireland
5.A decision whether to certify, in accordance with regulations made...

Work-focused interviews
5A.A decision terminating or reducing the amount of a person's...

Alteration of rates of benefit
6.A decision as to the amount of benefit to which...

Increases in income support or income-based jobseeker's allowance due to attainment of particular ages
7.A decision as to the amount of benefit to which...

Reduction in accordance with reduced benefit [direction] decision
8.A decision to reduce the amount of a person's benefit...

Power to prescribe other decisions
9.Such other decisions as may be prescribed.

SCHEDULE 3
DECISIONS AGAINST WHICH AN APPEAL LIES

PART I BENEFIT DECISIONS

Entitlement to benefit without a claim

1.In such cases or circumstances as may be prescribed, a...
2.If so, a decision as to the amount to which...

Payability of benefit
3.A decision whether a relevant benefit (or a component of...

Payments to third parties
4.Except in such cases or circumstances as may be prescribed,...

Recovery of benefits

5.A decision whether payment is recoverable under section 69 or...
6.If so, a decision as to the amount of payment...

Industrial injuries benefit
7.A decision whether an accident was an industrial accident for...

Jobseekers' agreements
8.A decision in relation to a jobseeker's agreement as proposed...

State pension credit

8A.A decision whether to specify a period as an assessed...
8B.If so, a decision as to the period to be...
8C.A decision whether an assessed income period comes to an...
8D.If so, a decision as to when the assessed income...

Power to prescribe other decisions
9.Such other decisions relating to a relevant benefit as may...

PART II CONTRIBUTIONS DECISIONS

Categorisation of earners

Para. 10 rep. by SI 1999/671
Para. 11 rep. by SI 1999/671

Compulsory contributions

Para. 12 rep. by SI 1999/671
Para. 13 rep. by SI 1999/671

Voluntary contributions

Para. 14 rep. by SI 1999/671
Para. 15 rep. by SI 1999/671

Responsibilities at home A decision whether a person was (within the meaning of...

Responsibilities at home
16.A decision whether a person was (within the meaning of...

Earnings and contributions credits
17.A decision whether a person is entitled to be credited...

Statutory sick pay

Para. 18 rep. by SI 1999/671
Para. 19 rep. by SI 1999/671

Statutory maternity pay
Para. 20 rep by SI 1999/671

Liability of directors, etc. for company's contributions
Para. 22 rep. by SI 1999/671

Preserved rights to benefit, etc.
Para. 23 rep. by SI 1999/671

Employment of long-term unemployed
Para. 24 rep. by SI 1999/671

Interest and penalties

Para. 25 rep. by SI 1999/671
Para. 26 rep. by SI 1999/671
Para. 27 rep. by SI 1999/671
Para. 28 rep. by SI 1999/671

Power to prescribe other decisions
Para. 29 rep. by SI 1999/671

SCHEDULE 4
REGULATIONS AS TO PROCEDURE: PROVISION WHICH MAY BE MADE

1.Provision prescribing the procedure to be followed in connection with—...
2.Provision as to the striking out or reinstatement of proceedings....
3.Provision as to the form which is to be used...
4.Provision as to the time within which, or the manner...
5.Provision for summoning persons to attend and give evidence or...
6.Provision with respect to the procedure to be followed on...
7.Provision for authorising an appeal tribunal consisting of two or...
8.Provision for empowering an appeal tribunal to give directions for...
9.Provision for the non-disclosure to a person of the particulars...

SCHEDULE 5
TRANSITORY PROVISIONS

Constitution of appeal tribunals In relation to any time before the coming into operation...

Constitution of appeal tribunals
1.In relation to any time before the coming into operation...

Claims no longer subsisting after decisions made
2.In relation to any time before the coming into operation...

Appeals to tribunals
3.(1) In relation to appeals brought after the coming into...

Appeals to Commissioners
4.(1) In relation to any time before the coming into...

Suspension of benefit in prescribed circumstances
5.(1) In relation to any time before the coming into...

Restrictions on entitlement in certain cases of error
6.In relation to applications under section 24(1) or 28 of...

Reviews of social fund determinations
7.In relation to any time before the coming into operation...

Overpayments out of the social fund
8.In relation to any time before the coming into operation...

Child support: appeals to tribunals
9.In relation to appeals brought after the coming into operation...

Schedule 6—Amendments

Schedule 7—Repeals
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