The Social Security (1998 Order) (Commencement No. 4) Order (Northern Ireland) 1999

Link to law: http://www.legislation.gov.uk/nisr/1999/102/made/data.htm?wrap=true
Published: 1999-03-09

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
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