Statutory Rules of Northern Ireland
1999 No. 102 (C. 13)
SOCIAL SECURITY
The Social Security (1998 Order) (Commencement No. 4) Order (Northern Ireland) 1999
Made
9th March 1999
The Department of Health and Social Services, in exercise of the powers conferred on it by Article 1(2) of the Social Security (Northern Ireland) Order 1998(1) and of all other powers enabling it in that behalf, hereby makes the following Order:
Citation and interpretation
1.—(1) This Order may be cited as the Social Security (1998 Order) (Commencement No. 4) Order (Northern Ireland) 1999.
(2) In this Order “the Order” means the Social Security (Northern Ireland) Order 1998.
Appointed days
2. The day appointed for the coming into operation of—
(a)the provisions of the Order specified in Part I of the Schedule for the purpose only of authorising the making of regulations, is 10th March 1999;
(b)the provisions of the Order specified in Part II of the Schedule—
(i)for the purpose only of authorising the making of regulations or schemes, is 10th March 1999, and
(ii)for all other purposes, is 6th April 1999;
(c)paragraph 81 of Schedule 6 to the Order (minor and consequential amendments) and Article 78(1) of the Order in so far as it relates to it, is 10th March 1999; and
(d)the provisions of the Order specified in Part III of the Schedule is 6th April 1999.
Sealed with the Official Seal of the Department of Health and Social Services on
L.S.
John O'Neill
Assistant Secretary
9th March 1999.
Article 2(a), (b) and (d)
SCHEDULE
PART IPROVISIONS COMING INTO OPERATION ON 10TH MARCH 1999 FOR THE PURPOSE ONLY OF MAKING REGULATIONS
Provisions of the Order
Subject Matter
Article 7(3)
Panel for appointment to appeal tribunals
Article 8(6)
Constitution of appeal tribunals
Article 10(1), (4) and (6)
Revision of decisions
Article 11(3) and (6)
Decisions superseding earlier decisions
Article 12(1)
Regulations with respect to decisions
Article 13(2), (3), (6) and (7)
Appeal to appeal tribunal
Article 15(3), (10) and (11)
Appeal from tribunal to Commissioner
Article 16(1) to (3) and (9)
Procedure
Article 17
Finality of decisions
Article 18(1)
Matters arising as respects decisions
Article 20
Medical examination required by appeal tribunal
Article 21
Suspension in prescribed circumstances
Article 22
Suspension for failure to furnish information, etc.
Article 23
Termination in cases of failure to furnish information
Article 24
Suspension and termination for failure to submit to medical examination
Article 25(3)(b) and (5)(c)
Decisions involving issues that arise on appeal in other cases
Article 26(6)(c)
Appeals involving issues that arise on appeal in other cases
Article 28
Correction of errors and setting aside of decisions
Article 31(2) and (3)
Incapacity for work
Article 38(1)(a) and (3)
Reviews of determinations
Article 41 in so far as it substitutes Article 19(3) and (5) of the Child Support Order
Decisions superseding earlier decisions
Article 42 in so far as it substitutes Article 22(4), (5) and (6) of the Child Support Order
Appeals to appeal tribunals
Article 43 in so far as it inserts Articles 28ZA(2)(b) and (4)(c) and 28ZB(6)(c) into the Child Support Order
Decisions and appeals dependent on other cases
Article 44 in so far as it inserts Article 28ZD into the Child Support Order
Cases of error
Article 70
Provision of information
Schedule 1, paragraphs 7, 11 and 12 and Article 8(7) in so far as it relates to them
Appeal tribunals: supplementary provisions
Schedule 2, paragraph 9 and Article 13(1) in so as it relates to it
Decisions against which no appeal lies
Schedule 3, paragraphs 1, 4 and 9 and Article 13(1) 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 20(2)
Preliminary consideration of applications
paragraph 24
Departure directions: decisions and appeals
paragraph 25
Contribution to maintenance by deduction from benefit
paragraph 28(4)
Failure to comply with obligations imposed by Article 9
paragraph 29 in so far as it inserts Articles 43A(2) and 43B into the Child Support Order
Finality of decisions and matters arising as respects decisions
paragraph 31 in so far as it is not already in operation
Supplementary powers to make regulations
paragraph 35(3)
Proceedings before Child Support Commissioners
paragraph 36(5)
Interpretation
paragraph 37
Decisions and appeals: departure directions and reduced benefit directions, etc.
paragraph 99
Decisions and appeals
paragraph 120(1)
Review of certificates of recoverable benefits
PART IIPROVISIONS COMING INTO OPERATION ON 10TH MARCH 1999 FOR THE PURPOSE ONLY OF MAKING REGULATIONS OR SCHEMES AND FOR ALL OTHER PURPOSES ON 6TH APRIL 1999
Provisions of the Order
Subject Matter
Article 51
Contributions paid in error
Article 53(2)
Contributions returns
Article 54
Collection of contributions by the Department
Article 56
Breach of regulations
Article 57 (except in so far as it relates to section 108A of the Social Security Administration (Northern Ireland) Act 1992(2))
Offences and penalties relating to contributions
Article 59
Recovery of contributions, etc.
PART IIIPROVISIONS COMING INTO OPERATION ON 6TH APRIL 1999
Provisions of the Order
Subject Matter
Article 53(1)
Contributions returns
Article 58
Evidence of non-payment
Article 60
Liability of directors, etc. for company’s contributions
The following paragraphs of Schedule 6 and Article 78(1) in so far as it relates to them—
Minor and consequential amendments
paragraph 66
Recovery of unpaid contributions on prosecution
paragraph 67(1), (2)(b), (3)(b) and (5)
Proof of previous offences
paragraph 68
Unpaid contributions — supplementary
paragraph 77(2)
Destination of contributions
paragraph 78(2)
General financial arrangements
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 1992—
in section 112(4), the words “for a particular contribution card or” and “the card in question or”
section 113(2)
in section 114, in subsection (1), the words “or (2)(a)” and, in subsection (5), paragraph (b) and the word “or” immediately preceding that paragraph
in section 115, in subsections (1) and (2), the words “or (2)(a)”
Repeals
Explanatory Note
(This note is not part of the Order.)
This Order provides for the coming into operation of provisions of the Social Security (Northern Ireland) Order 1998 as follows—
10th March 1999 for provisions relating to decision making and appeals for the purpose only of authorising the making of regulations and paragraph 81 of Schedule 6;
10th March 1999 for provisions relating to national insurance contributions for the purpose only of authorising the making of regulations or schemes and from 6th April 1999 for all other purposes; and
6th April 1999 for further provisions relating to national insurance contributions.
Note as to Earlier Commencement Orders
(This note is not part of the Order.)
The following provisions of the Social Security (Northern Ireland) Order 1998 have been brought into operation by earlier commencement orders as from the dates shown.
Provision
Date of Commencement
S.R. Number
Article 4(1) and (2)(b) to (h)
9.9.98
1998 No. 312 (C. 15)
Article 16(4)(a) and (5)
9.9.98
1998 No. 312 (C. 15)
Article 16(4)(b)
6.4.99
1998 No. 312 (C. 15)
Article 40
16.11.98 and 7.12.98
1998 No. 395 (C. 19)
Article 45
9.9.98
1998 No. 312 (C. 15)
Article 46
9.9.98
1998 No. 312 (C. 15)
Article 47(1) (partially)
9.9.98
1998 No. 312 (C. 15)
Article 48
24.2.99 and 6.4.99
1999 No. 72 (C. 9)
Article 49
9.9.98
1998 No. 312 (C. 15)
Article 50
9.9.98 and 6.4.99
1998 No. 312 (C. 15)
Article 52
9.9.98
1998 No. 312 (C. 15)
Article 61
9.9.98 and 6.4.99
1998 No. 312 (C. 15)
Article 64
9.9.98
1998 No. 312 (C. 15)
Article 69
6.4.99
1998 No. 312 (C. 15)
Article 71
5.10.98
1998 No. 312 (C. 15)
Article 72
16.11.98
1998 No. 395 (C. 19)
Article 78(1) and Schedule 6 (partially)
9.9.98, 16.11.98 and 6.4.99
1998 No. 312 (C. 15)
1998 No. 395 (C. 19)
1999 No. 72 (C. 9)
Article 78(2) and Schedule 7 (partially)
9.9.98 and 6.4.99
1998 No. 312 (C. 15)
1999 No. 72 (C. 9)
(1)
S.I. 1998/1506 (N.I. 10)
(2)
1992 c. 8
