(1) If any person—
(a) as a pledge or a security for a debt; or
(b) with a view to obtaining payment from the person entitled to it of a debt due either to himself or to any other person,
receives, detains or has in his possession any document issued by or on behalf of the Department in connection with any benefit, pension or allowance (whether payable under the Contributions and Benefits Act or otherwise) he shall be guilty of an offence.
(2) If any such person has such a document in his possession without lawful authority or excuse (the proof whereof shall lie on him) he shall be guilty of an offence.
(3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale or to both.
(1) A social security authority may require a postal operator (within the meaning of Part 3 of the Postal Services Act 2011 ) to return to the sender social security post sent by or on behalf of the authority which would otherwise be redirected.
(2) A social security authority shall make payments of such amount as the Department considers reasonable in respect of the return of social security post in compliance with a requirement imposed by the authority under subsection (1) above.
(3) In subsections (1) and (2) above “social security authority” means—
(a) the Department;
(b) the Housing Executive;
(c) the Secretary of State; or
(d) any local or other authority administering housing benefit or council tax benefit (other than the Housing Executive).
(4) In subsections (1) and (2) above “social security post” means postal packets—
(a) the contents of which relate to any benefit, contributions or national insurance number or to any other matter relating to social security; and
(b) which are marked, in a manner approved by the postal operator concerned, with the name and address of the sender and with an indication that they are to be returned rather than redirected.
(5) In this section—
(a) “redirected”, in relation to any postal packet, means delivered to an address other than that indicated by the sender on the packet; and
(b) “postal packet” has the same meaning as in Part 3 of the Postal Services Act 2011 .
(6) Any requirement imposed under subsection (1) above has effect subject to any order under—
(a) Article 342 of the Insolvency (Northern Ireland) Order 1989 or section 371 of the Insolvency Act 1986 (redirection of bankrupt’s letters to trustee in bankruptcy);
(b) paragraph 15 of Schedule 1 to the Solicitors (Northern Ireland) Order 1976 or paragraph 10 of Schedule 1 to the Solicitors Act 1974 (redirection of letters following intervention by Law Society); or
(c) paragraph 10 of Schedule 5 to the Administration of Justice Act 1985 (redirection of letters following intervention by Council for Licensed Conveyancers).
158B Requirement to supply information about redirection of post.
(1) The Department or the Secretary of State may require a postal operator to supply information relating to arrangements for the redirection of postal packets to, or to a person supplying services to, the Department or the Secretary of State—
(a) for use in the prevention, detection, investigation or prosecution of offences relating to social security; or
(b) for use in checking the accuracy of information relating to benefits, contributions or national insurance numbers or to any other matter relating to social security and (where appropriate) amending or supplementing such information.
(2) The Housing Executive or any other local or other authority administering housing benefit or council tax benefit may require a postal operator to supply information relating to arrangements for the redirection of postal packets to the authority or a person authorised to exercise any function of the authority relating to housing benefit or council tax benefit—
(a) for use in the prevention, detection, investigation or prosecution of offences relating to such a benefit; or
(b) for use in checking the accuracy of information relating to such a benefit and (where appropriate) amending or supplementing such information.
(3) Information shall be supplied under subsection (1) or (2) above in such manner and form, and in accordance with such requirements, as may be prescribed.
(4) Payments of such amount as the Department considers reasonable shall be made by a person or authority imposing a requirement under subsection (1) or (2) above in respect of the supply of information in compliance with the requirement.
(5) Information supplied under subsection (1) or (2) above shall not be supplied by the recipient to any other person or body unless—
(a) it could be supplied to that person or body under either of those subsections; or
(b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the Jobseekers (Northern Ireland) Order 1995 , Part 2 of the Welfare Reform (Northern Ireland) Order 2015 , Part 5 of that Order or this Act or to any enactment applying in Great Britain corresponding to any of them.
(6) But where information supplied under subsection (1) or (2) above has been used (in accordance with paragraph (b) of the subsection concerned) in amending or supplementing other information, it is lawful for it to be—
(a) supplied to any person or body to whom that other information could be supplied; or
(b) used for any purpose for which that other information could be used.
(7) In subsections (1) and (2) above “arrangements for the redirection of postal packets” means arrangements made with the postal operator concerned for the delivery of postal packets to addresses other than those indicated by senders on the packets.
(8) In this section -
“postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011 ;
“postal packet” has the same meaning as in that Part .
158C Requirement to apply for national insurance number.
(1) Regulations may make provision person to apply for a national insurance number to be allocated to him.
(1A) Regulations under subsection (1) above may require the application to be made to the Department or to the Inland Revenue.
(2) An application required by regulations under subsection (1) above shall be accompanied by information or evidence enabling such a number to be allocated.
(1) The Department may promote research into the causes and incidence of accidents arising out of and in the course of employment, or injuries and diseases which—
(a) are due to the nature of employment; or
(b) it is contemplated might be prescribed for the purposes of sections 108 to 110 of the Contributions and Benefits Act,
either by itself employing persons to conduct such research or by contributing to the expenses of, or otherwise assisting, other persons engaged in such research.
(2) The Department may pay to persons so employed by it such salaries or remuneration, and such travelling and other allowances, as it may determine with the consent of the Department of Finance and Personnel.
(1) As respects pneumoconiosis, regulations may provide—
(a) for requiring persons to be medically examined before, or within a prescribed period after, becoming employed in any occupation in relation to which pneumoconiosis is prescribed, and to be medically examined periodically while so employed, and to furnish information required for the purposes of any such examination;
(b) for suspending from employment in any such occupation, and in such other occupations as may be prescribed, persons found on such an examination—
(i) to be suffering from pneumoconiosis or tuberculosis, or
(ii) to be unsuitable for such employment, having regard to the risk of pneumoconiosis and such other matters affecting their susceptibility to pneumoconiosis as may be prescribed;
(c) for the disqualification for the receipt of personal independence payment, or benefit as defined in section 121 of the Contributions and Benefits Act, in respect of pneumoconiosis of any person who fails without good cause to submit himself to any such examination or to furnish information required by the regulations or who engages in any employment from which he has been suspended as mentioned in paragraph (b) above;
(d) for requiring employers—
(i) to provide facilities for such examinations,
(ii) not to employ in any occupation a person who has been suspended as mentioned in paragraph (b) above from employment in that occupation or who has failed without good cause to submit himself to such an examination,
(iii) to give to such officer as may be prescribed the prescribed notice of the commencement of any prescribed industry or process;
(e) for the recovery on summary conviction of monetary penalties in respect of any contravention of or failure to comply with any such requirement as is mentioned in paragraph (d) above, but those penalties shall not exceed £5 for every day on which the contravention or failure occurs or continues;
(f) for such matters as appear to the Department to be incidental to or consequential on provisions included in the regulations by virtue of paragraphs (a) to (d) above or section 110(1) of the Contributions and Benefits Act.
(1) Subject to the provisions of this Act, every assignment of, or charge on—
(za) universal credit;
(zb) state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;
(a) benefit as defined in section 121 of the Contributions and Benefits Act;
(aa) a jobseeker’s allowance;
(ab) state pension credit;
(ac) an employment and support allowance;
(ad) personal independence payment;
(ae) bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;
(b) any income-related benefit; or
(c) child benefit,
and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.
(2) In calculating for the purposes of Article 30, 73(5)(b), 99(6)(b) or 107 of the Judgments Enforcement (Northern Ireland) Order 1981 or Article 101(5)(b) of the Magistrates’ Courts (Northern Ireland) Order 1981 the means of any beneficiary, no account shall be taken of any increase of disablement benefit in respect of a child, or of industrial death benefit.
(1) Stamp duty shall not be chargeable on any document to which this subsection applies.
(2) Subsection (1) above applies to any document authorised by virtue—
(a) of Parts I to VI of the Contributions and Benefits Act; or
(b) of any provision of this Act so far as it operates in relation to matters to which those Parts relate,
or otherwise required in order to give effect to those Parts or to any such provision so far as it so operates or in connection with any description of business thereunder.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subject to subsection (2) below and to any provision providing for an order or regulations to be made by the Secretary of State, the Treasury or the Inland Revenue and toany specific provision of this Act, regulations and orders under this Act shall be made by the Department.
(2) Regulations with respect to proceedings before the Commissioners (whether for the determination of any matter or for leave to appeal to or from the Commissioners) shall be made by the Lord Chancellor.
(3) Any power conferred by this Act on the Department , the Secretary of State or the Lord Chancellor to make regulations or orders is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
(4) Except in the case of regulations under section 22 or 152 above and in so far as this Act otherwise provides, any power conferred by this Act to make regulations or an order may be exercised—
(a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;
(b) so as to make, as respects the cases in relation to which it is exercised—
(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise);
(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act;
(iii) any such provision either unconditionally or subject to any specified condition;
and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes; and powers to make regulations or an order for the purposes of any one provision of this Act are without prejudice to powers to make regulations or an order for the purposes of any other provision.
(5) Without prejudice to any specific provision of this Act, any power conferred by this Act to make regulations or an order (other than the power conferred by section 22), includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations or order to be expedient for the purposes of the regulations or order.
(5A) The provision referred to in subsection (5) includes, in a case where regulations under this Act require or authorise the use of electronic communications, provision referred to in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001.
(5B) For the purposes of subsection (5A), references in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001 to an order under section 1 of that Act are to be read as references to regulations under this Act; and references to anything authorised by such an order are to be read as references to anything required or authorised by such regulations.
(6) Without prejudice to any specific provision of this Act, a power conferred by any provision of this Act, except sections 12, 24, 122 and 152, to make regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter.
(7) Any power conferred by Part VIII of this Act to make regulations relating to housing benefit shall include power to make different provision for different areas.
(7A) Without prejudice to the generality of any of the preceding provisions of this section, regulations under any of sections 2A to 2F and 5A above may provide for all or any of the provisions of the regulations to apply only in relation to any area or areas specified in the regulations.
(8) Regulations under Part VIII of this Act relating to housing benefit administered by the Department of the Environment under section 126(3)(b) above shall not be made without the consent of that Department.
(9) Any power to make—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) regulations under section . . . 152(5)(c) above;
(c) an order under section 145(4)(a) or 148(2) above,
shall be exercisable with the consent of the Department of Finance and Personnel.
(10) Any power of the Department under any provision of this Act, except sections 76, 134, and 152, to make any regulations or an order, where the power is not expressed to be exercisable with the consent of the Department of Finance and Personnel, shall if that Department so directs be exercisable only in conjunction with it.
(11) A power under section 155 above to make regulations, or to make provision by an order, for modifications or adaptations of the Contributions and Benefits Act or this Act shall be exercisable in relation to any enactment passed or made after this Act which is directed to be construed as one with them, except in so far as any such enactment relates to a benefit in relation to which the power is not exercisable; but this subsection applies only so far as a contrary intention is not expressed in the enactment, and is without prejudice to the generality of any such direction.
(11A) Any power of the Treasury or the Inland Revenue under this Act to make regulations or orders is exercisable by statutory instrument; and subsections (4) to (6) above apply to those regulations or orders as they apply to regulations or orders made by the Department.
(12) Any reference in this section or section 166 below to an order or regulations under this Act includes a reference to an order or regulations made under any provision of an enactment passed or made after this Act which is directed to be construed as one with this Act; but this subsection applies only so far as a contrary intention is not expressed in the enactment, and is without prejudice to the generality of any such direction.
166 Assembly, etc. control of orders and regulations.
(1) The regulations and orders to which this subsection applies shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations or order, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations or a new order) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have, or the order has, been approved by a resolution of the Assembly.
(2) Subsection (1) above applies—
(za) to any order made under section 109A(3B);
(a) to any regulations made by the Department under section . . . 116B(1)(b), 131 or 134 above; and
(aa) the first regulations to be made under section 2A; and
(aaa) to the first regulations to be made under section 2AA above;
(ab) to any order containing provision adding any person to the list of persons falling within section 103B(2A) above;
(b) to any order made by the Department under section 132 , 132A 132B, or 133 above.
(3) Subsection (1) above does not apply to regulations which, in so far as they are made under the powers conferred by subsection (2)(a) above, only replace provisions of previous regulations with new provisions to the same effect.
(4) Subject to subsection (8) below, all regulations and orders made under this Act by the Department, other than regulations or orders to which subsection (1) above applies, shall be subject to negative resolution.
(5) Subject to subsection (10) and (10A) below, all regulations or ordersmade under this Act by ... the Treasury or the Inland Revenue shall be subject to annulment in pursuance of a resolution of either House of Parliament....
(5A) All regulations made under this Act by the Department of Justice shall be subject to negative resolution.
(6) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (laying statutory instruments or statutory documents before the Assembly) shall apply in relation to any instrument or document which by virtue of any provision of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.
(7) This subsection applies to any regulations or order made under this Act which—
(a) but for subsection (8) below, would be subject to negative resolution, and
(b) are or is contained in a statutory rule which includes any regulations or order subject to the confirmatory procedure.
(8) Any regulations or order to which subsection (7) above applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.
(9) This subsection applies to any regulations or order made under this Act which—
(a) but for subsection (10) below, would be subject to annulment in pursuance of a resolution of either House of Parliament, and
(b) are, or is, contained in an instrument which is subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament.
(10) Any regulations or order to which subsection (9) above applies shall not be subject as mentioned in paragraph (a) of that subsection, but shall be subject to the procedure described in paragraph (b) of that subsection.
(10A) A statutory instrument containing provision under section 129 , 132, 133, 134 or 142(7) shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) In this section—
“the confirmatory procedure” means the procedure described in subsection (1) above;
“subject to negative resolution” has the meaning assigned by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (but as if the regulations or orders in question were statutory instruments within the meaning of that Act).
(1) In this Act, unless the context otherwise requires—
“the Assembly” means the Northern Ireland Assembly;
“the 1975 Act” means the Social Security (Northern Ireland) Act 1975;
“benefit” means benefit under the Contributions and Benefits Act and includes universal credit, state pension under Part 1 of the Pensions Act (Northern Ireland) 2015, a jobseeker’s allowance state pension credit, an employment and support allowance and personal independence payment and bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 ;
“Christmas bonus” means a payment under Part X of the Contributions and Benefits Act;
“claimant” (in relation to contributions under Part I and to benefit under Parts II to IV of the Contributions and Benefits Act) means—
a person whose right to be excepted from liability to pay, or to have his liability deferred for, or to be credited with, a contribution, is in question;
a person who has claimed benefit;
and includes, in relation to an award or decision, a beneficiary under the award or affected by the decision;
“claim” is to be construed in accordance with “claimant”;
“claimant” (in relation to industrial injuries benefit) means a person who has claimed such a benefit and includes—
an applicant for a declaration under Article 29 of the Social Security (Northern Ireland) Order 1998 that an accident was or was not an industrial accident; and
in relation to an award or decision, a beneficiary under the award or affected by the decision;
“Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner and includes a tribunal of 2 or more Commissioners constituted under Article 16(7) of the Social Security (Northern Ireland) Order 1998;
. . .
. . .
“the Consequential Provisions Act” means the Social Security (Consequential Provisions) (Northern Ireland) Act 1992;
“Consolidated Fund” means the Consolidated Fund of Northern Ireland;
“contribution” means a contribution under Part I of the Contributions and Benefits Act;
“contribution-based jobseeker’s allowance” has the same meaning as in the Jobseekers (Northern Ireland) Order 1995;
“contribution card” has the meaning assigned to it by section 108(6) above;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);
“the Department” means the Department for Social Development but—
in sections 109A, 116 and 116B to 116D also includes the Department of Finance and Personnel; and
in sections 2E, 2F, 2G (except in the second reference in subsection (11)(c)) 115D, 115E, 116, 116ZA, 116C and 116D also includes the Department for Employment and Learning;
“the Department of the Environment” means the Department of the Environment for Northern Ireland;
“the Department of Finance and Personnel” means the Department of Finance and Personnel in Northern Ireland; but in sections 116 and 116B also includes the Department of the Environment;
“disablement benefit” is to be construed in accordance with section 94(2)(a) of the Contributions and Benefits Act;
“the disablement questions” is to be construed in accordance with section 43 above;
“dwelling” means any residential accommodation, whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;
“the Great Britain Administration Act” means the Social Security Administration Act 1992;
“the Great Britain Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
“the Housing Executive” means the Northern Ireland Housing Executive;
“income-based jobseeker’s allowance” has the same meaning as in the Jobseekers (Northern Ireland) Order 1995;
“income-related benefit” means—
(a) income support;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) housing benefit;
"income-related employment and support allowance" means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);
“industrial injuries benefit” means benefit under Part V of the Contributions and Benefits Act...;
“Inland Revenue” means the Commissioners of Inland Revenue;
. . .
. . .
“medical examination” includes bacteriological and radiographical tests and similar investigations, and “medically examined” has a corresponding meaning;
“medical practitioner” means—
(a) a registered medical practitioner; or
(b) a person outside the United Kingdom who is not a registered medical practitioner, but has qualifications corresponding (in the Department’s opinion) to those of a registered medical practitioner;
“medical treatment” means medical, surgical or rehabilitative treatment (including any course of diet or other regimen), and references to a person receiving or submitting himself to medical treatment are to be construed accordingly;
“money purchase contracted-out scheme” is to be construed in accordance with section 3B of the Pensions Act;
“National Insurance Fund” means the Northern Ireland National Insurance Fund;
“occupational pension scheme” has the same meaning as in section 1 of the Pensions Act;
“the Old Cases Act” means the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975;
...
“the 1986 Order” means the Social Security (Northern Ireland) Order 1986;
“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995;
“the Pensions Act” means the Pension Schemes (Northern Ireland) Act 1993;
“the Pensions Order” means the Social Security Pensions (Northern Ireland) Order 1975;
“personal pension scheme” has the meaning assigned to it by section 1 of the Pensions Actand “appropriate”, in relation to such a scheme, shall be construed in accordance with section 3B(6) of that Act;
“prescribe” means prescribe by regulations and “prescribed” must be construed accordingly ;
“President” means the President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals;
“regulations” means regulations made by the Department or the Lord Chancellor under this Act;
“state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002;
“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954 ;
“tax year” means the 12 months beginning with 6th April in any year;
“widow’s benefit” has the meaning assigned to it by section 20(1)(e) of the Contributions and Benefits Act.
(2) For the purposes of Part III of the Northern Ireland Constitution Act 1973 (validity of Measures of the Northern Ireland Assembly, including Orders in Council under the Northern Ireland Act 1974), provisions of this Act which re-enact provisions of a Measure of the Assembly or such an Order are to be treated as provisions of such a Measure or Order.
(1) This Act may be cited as the Social Security Administration (Northern Ireland) Act 1992.
(2) This Act is to be read, where appropriate, with the Contributions and Benefits Act and the Consequential Provisions Act.
(3) The enactments consolidated by this Act are repealed, in consequence of the consolidation, by the Consequential Provisions Act.
(4) Except as provided in Schedule 4 to the Consequential Provisions Act, this Act shall come into force on 1st July 1992.
(5) Subject to subsection (6) below, this Act extends to Northern Ireland only.
(6) Section 22 above and this section also extend to Great Britain.
SCHEDULE 1 CLAIMS FOR BENEFIT MADE OR TREATED BEFORE 1ST OCTOBER 1990
Section 1(6).
Claims made or treated as made on or after 2nd September 1985 and before 19th November 1986
1 Section 1 above shall have effect in relation to a claim made or treated as made on or after 2nd September 1985 and before 19th November 1986 as if the following subsections were substituted for subsections (1) to (3)—
(1) Except in such cases as may be prescribed, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied—
(a) he makes a claim for it—
(i) in the prescribed manner; and
(ii) subject to subsection (2) below, within the prescribed time; or
(b) by virtue of a provision of Chapter VI of Part II of the 1975 Act or of regulations made under such a provision, he would have been treated as making a claim for it.
(2) Regulations shall provide for extending, subject to any prescribed conditions, the time within which a claim may be made in cases where it is not made within the prescribed time but good cause is shown for the delay.
(3) Notwithstanding any regulations made under this section, no person shall be entitled to any benefit (except disablement benefit or industrial death benefit) in respect of any period more than 12 months before the date on which the claim is made.
.
Claims made or treated as made on or after 19th November 1986 and before 6th April 1987
2 Section 1 above shall have effect in relation to a claim made or treated as made on or after 19th November 1986 and before 6th April 1987 as if the subsections set out in paragraph 1 above were substituted for subsections (1) to (3) but with the insertion in subsection (3) of the words “ , reduced earnings allowance ” after the words “disablement benefit”.
Claims made or treated as made on or after 6th April 1987 and before 23rd August 1989
3 Section 1 above shall have effect in relation to a claim made or treated as made on or after 6th April 1987 and before 23rd August 1989, as if—
(a) the following subsection were substituted for subsection (1)—
(1) Except in such cases as may be prescribed, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied—
(a) he makes a claim for it in the prescribed manner and within the prescribed time; or
(b) by virtue of regulations made under Article 52 of the 1986 Order he would have been treated as making a claim for it.
; and
(b) there were omitted—
(i) from subsection (2), the words “except as provided by section 3 below”; and
(ii) subsection (3).
Claims made or treated as made on or after 23rd August 1989 and before 14th August 1990
4 Section 1 above shall have effect in relation to a claim made or treated as made on or after 23rd August 1989 and before 14th August 1990 as if there were omitted—
(a) from subsection (1), the words “and subject to the following provisions of this section and to section 3 below”;
(b) from subsection (2), the words “except as provided by section 3 below”; and
(c) subsection (3).
Claims made or treated as made on or after 14th August 1990 and before 1st October 1990
5 Section 1 above shall have effect in relation to a claim made or treated as made on or after 14th August 1990 and before 1st October 1990 as if there were omitted—
(a) from subsection (1), the words “the following provisions of this section and to”; and
(b) subsection (3).
Sections 39, 41 and 48 to 50.
Tenure of offices
1 (1) Subject to the following provisions of this paragraph, the President and the full-time chairmen of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals shall hold and vacate office in accordance with the terms of their appointment.
(2) Commissioners, the President and the full-time chairmen shall vacate their offices on the day on which they attain the age of 75 .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Neither the President nor any full-time chairman shall either directly or indirectly practise as a barrister or solicitor or as an agent for a solicitor.
(6) Nothing in sub-paragraph (2) . . .above or in paragraphs 6 to 7A of Schedule 10 to the 1975 Act (which relate to pensions for Commissioners) shall apply to a person by virtue of his appointment in pursuance of section 50(2) above.
2 Part-time chairmen of such tribunals shall hold and vacate office in accordance with the terms of their appointment.
Remuneration etc. for President and chairmen
3 [(1)]The Department may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of the President and full-time chairmen as, with the consent of the Department of Finance and Personnel, it may determine.
(2) Sub-paragraph (1) above, so far as relating to pensions, allowances and gratuities, shall not have effect in relation to persons to whom Part I of the Judicial Pensions and Retirement Act 1993 applies, except to the extent provided by or under that Act.
Officers and staff
4 The President may appoint such officers and staff as he thinks fit—
(a) for himself;
(b) for the full-time chairmen;
(c) for social security appeal tribunals;
(d) for disability appeal tribunals; and
(e) for medical appeal tribunals,
with the consent of the Department and the Department of Finance and Personnel as to numbers and as to remuneration and other terms and conditions of service.
Clerks to social security appeal tribunals and disability appeal tribunals
5 (1) The President shall assign a clerk to service the social security appeal tribunal for each area and the disability appeal tribunal for each area.
(2) The duty of summoning members of a panel to serve on such a tribunal shall be performed by the clerk to the tribunal.
Miscellaneous administrative duties of President
6 It shall be the duty of the President—
(a) to arrange—
(i) such meetings of chairmen and members of social security appeal tribunals, chairmen and members of disability appeal tribunals and chairmen and members of medical appeal tribunals;
(ii) such training for such chairmen and members,
as he considers appropriate; and
(b) to secure that such works of reference relating to social security law as he considers appropriate are available for the use of chairmen and members of social security appeal tribunals, disability appeal tribunals and medical appeal tribunals.
Remuneration etc.
7 The Department of Justice shall pay to a Commissioner such salary or other remuneration, and such allowances and such expenses incurred in connection with the work of a Commissioner or any tribunal presided over by a Commissioner, as may be determined by the Lord Chancellor .
8 (1) The Department may pay—
(a) to any person specified in sub-paragraph (2) below, such remuneration and such travelling and other allowances;
(b) to any person specified in sub-paragraph (3) below, such travelling and other allowances;
(c) subject to sub-paragraph (4) below, such other expenses in connection with the work of any person, tribunal or inquiry appointed or constituted under any provision of this Act,
as the Department with the consent of the Department of Finance and Personnel may determine.
(2) The persons mentioned in sub-paragraph (1)(a) above are—
(a) any person (other than a Commissioner) appointed under this Act to determine questions or as a member of, or assessor to, a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal; and
(aa) a person appointed as medical assessor to a social security appeal tribunal under regulations under section 59A(4) above; and
(b) a medical officer appointed under regulations under section 60 above.
(3) The persons mentioned in sub-paragraph (1)(b) are—
(a) any person required to attend at any proceedings or inquiry under this Act; and
(b) any person required under this Act (whether for the purposes of this Act or otherwise) to attend for or to submit themselves to medical or other examination or treatment.
(4) Expenses are not payable under sub-paragraph (1)(c) above in connection with the work—
(a) of a tribunal presided over by a Commissioner; or
(b) of a social fund officer, a social fund inspector or the social fund Commissioner.
(5) In this paragraph references to travelling and other allowances include references to compensation for loss of remunerative time but such compensation shall not be paid to any person in respect of any time during which he is in receipt of remuneration under this paragraph.
Certificates of decisions
9 A document bearing a certificate which—
(a) is signed by a person authorised in that behalf by the Department; and
(b) states that the document, apart from the certificate, is a record of a decision—
(i) of a Commissioner;
(ii) of a social security appeal tribunal;
(iii) of a disability appeal tribunal; or
(iv) of an adjudication officer,
shall be conclusive evidence of the decision; and a certificate purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Section 57.
Interpretation
1 In this Schedule “competent tribunal” means—
(a) a Commissioner;
(b) a social security appeal tribunal;
(c) a disability appeal tribunal;
(d) a medical appeal tribunal;
(e) an adjudicating medical practitioner.
Provision which may be made
2 Provision prescribing the procedure to be followed in connection with the consideration and determination of claims and questions by the Department, an adjudication officer or a competent tribunal, or in connection with the withdrawal of a claim.
3 Provision as to the striking out of proceedings for want of prosecution.
4 Provision as to the form which is to be used for any document, the evidence which is to be required and the circumstances in which any official record or certificate is to be sufficient or conclusive evidence.
5 Provision as to the time to be allowed—
(a) for producing any evidence; or
(b) for making an appeal.
6 Provision as to the manner in which, and the time within which, a question may be raised with a view to its decision by the Department under Part II of this Act or with a view to the review of a decision under that Part.
7 Provision for summoning persons to attend and give evidence or produce documents and for authorising the administration of oaths to witnesses.
8 Provision for authorising a competent tribunal consisting of two or more members to proceed with any case, with the consent of the claimant, in the absence of any member.
9 Provision for giving the chairman of a competent tribunal consisting of two or more members a second or casting vote where the number of members present is an even number.
10 Provision empowering the chairman of a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal to give directions for the disposal of any purported appeal which he is satisfied that the tribunal does not have jurisdiction to entertain.
11 Provision for the non-disclosure to a person of the particulars of any medical advice or medical evidence given or submitted for the purposes of a determination.
12 Provision for requiring or authorising the Department to hold, or to appoint a person to hold, an inquiry in connection with the consideration of any question by the Department.
SCHEDULE 3A Health in pregnancy grant: Civil penalty for fraud, etc.
Penalty
1 (1) This paragraph applies where a person fraudulently or negligently—
(a) makes an incorrect statement or declaration in or in connection with a claim for health in pregnancy grant, or
(b) gives incorrect information or evidence in response to a requirement imposed on the person by virtue of section 5.
(2) The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty on the person.
(3) The amount of a penalty imposed under this paragraph—
(a) is to be determined by the Commissioners, but
(b) may not exceed the amount of the grant.
(4) A penalty imposed under this paragraph becomes payable at the end of the period of 30 days beginning with the date on which the notice is given.
(5) The Commissioners must give notice of a determination imposing a penalty under this paragraph to the person on whom it is imposed.
(6) The notice must—
(a) state the date on which the notice is given,
(b) state the date on or before which payment is due in accordance with sub-paragraph (4), and
(c) give details of the right to appeal under paragraph 2.
Appeal
2 (1) A person on whom a penalty is imposed under paragraph 1 may appeal to an appeal tribunal against the determination imposing it.
(2) On an appeal under sub-paragraph (1), an appeal tribunal may—
(a) set the determination aside,
(b) confirm the determination,
(c) reduce the amount of the penalty, or
(d) increase the amount of it (but not so as to exceed the amount of the grant).
(3) An appeal lies to a Commissioner from a decision of an appeal tribunal under sub-paragraph (2).
(4) On an appeal under sub-paragraph (3), a Commissioner has a similar jurisdiction to that conferred on an appeal tribunal by sub-paragraph (2).
(5) In sub-paragraphs (1) to (4), “appeal tribunal” has the same meaning as in Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998 (decisions, etc.).
(6) The Commissioners for Her Majesty's Revenue and Customs may by regulations apply provision contained in that Order in relation to an appeal under this paragraph (with such modifications as are prescribed).
Mitigation
3 The Commissioners for Her Majesty's Revenue and Customs may mitigate or entirely remit a penalty under this Schedule.
Time limit
4 (1) The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty under paragraph 1 at any time before the end of the period of two years beginning with the relevant day.
(2) In sub-paragraph (1), the “relevant day” is the day on which the statement or declaration, or information or evidence, referred to in paragraph 1(1) is made or given.
Recovery
5 A penalty payable under this Schedule is to be treated for the purposes of Part 6 of the Taxes Management Act 1970 (collection and recovery) as if it were tax charged in an assessment and due and payable.
SCHEDULE 4 PERSONS EMPLOYED IN SOCIAL SECURITY ADMINISTRATION OR ADJUDICATION
Section 117.
Part I The Specified Persons
Government departments
A civil servant in—
(a) the Department;
(b) the Department of Social Security;
(c) the Department of Justice .
. . .
. . .
The Housing Executive etc.
A member, officer or employee of the Housing Executive.
A person authorised to exercise any function of the Housing Executive relating to housing benefit or any employee of such a person.
A person authorised under section 128A(1) of this Act to consider and report to the Department on the administration of housing benefit.
Adjudication officers
The Chief Adjudication Officer.
An adjudication officer.
Adjudicating bodies
The clerk to, or other officer or member of the staff of, any of the following bodies—
(a) an appeal tribunal;
(b) a disability appeal tribunal;
(c) a medical appeal tribunal;
(d) a vaccine damage tribunal;
(e) a Pensions Appeal Tribunal constituted under the Pensions Appeal Tribunals Act 1943.
The Disability Living Allowance Advisory Board for Northern Ireland
...
...
. . .
. . .
. . .
. . .
...
...
A social fund officer.
...
...
Discretionary support officers
The discretionary support Commissioner.
A discretionary support inspector.
A member of any staff appointed under Article 136(3)(b) of the Welfare Reform (Northern Ireland) Order 2015.
Former statutory bodies
An officer or other member of the staff of—
(a) the former Supplementary Benefits Commission for Northern Ireland;
(b) the former National Assistance Board for Northern Ireland;
(c) the former Attendance Allowance Board for Northern Ireland.
A benefit officer.
An insurance officer.
A supplement officer.
A Chief Adjudication Officer.
An adjudication officer.
A social fund officer.
The social fund Commissioner.
A social fund inspector.
A member of any staff employed in connection with the social fund.
A clerk to, or other officer or member of the staff of, a former social security appeal tribunal, a former disability appeal tribunal or a former medical appeal tribunal.
A member of, or an officer or servant of, the Disability Living Allowance Advisory Board for Northern Ireland.
Part II Construction of References to Government Departments Etc.
1 (1) The reference in Part I of this Schedule to the Department is a reference to the Department only to the extent that it carries out functions relating to social security or occupational or personal pension schemes.
(2) The reference in Part I of this Schedule to the Department includes a reference to the Department when styled—
(a) the Ministry of Health and Social Services for Northern Ireland, or
(b) the Ministry of Labour and National Insurance for Northern Ireland,
and to any former government department, but only (in each case) to the extent mentioned in sub-paragraph (1) above.
2 The reference in Part I of this Schedule to the Department of Social Security shall be construed subject to paragraph 1 of Part II of Schedule 3 to the Great Britain Administration Act.
3 The reference in Part I of this Schedule to the Department of Justice is a reference to that Department only to the extent that the functions carried out relate to functions of the Chief, or any other, Social Security Commissioner.
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 5 REGULATIONS NOT REQUIRING PRIOR SUBMISSION TO SOCIAL SECURITY ADVISORY COMMITTEE
Section 149.
Personal independence payment
A1 Regulations under Article 83(3) or 84(3) of the Welfare Reform (Northern Ireland) Order 2015.
Disability living allowance
1 Regulations under section 72(3) or 73(10) of the Contributions and Benefits Act.
Industrial injuries
2 Regulations relating only to industrial injuries benefit.
Up-rating, etc.
3 Regulations which state that they contain only provisions in consequence of an order under section 129 , 132 or 132A of this Act.
Benefit cap
3A Regulations under Article 101A of the Welfare Reform (Northern Ireland) Order 2015.
Earnings limits
4 Regulations which state that they only contain regulations to make provision consequential on regulations under section 5 of the Contributions and Benefits Act .
Married women and widows—reduced rate contributions
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child benefit
6 Regulations prescribing the rate or any of the rates of child benefit.
7 Regulations varying social security benefits following an increase of the rate or any of the rates of child benefit.
Statutory maternity pay and statutory sick pay
8 Regulations under section 154 or 163 of the Contributions and Benefits Act.
Consolidation, etc.
9 Regulations made for the purpose only of consolidating other regulations revoked by them.
10 Regulations making only provision corresponding to provision contained in regulations made by the Secretary of State or the Lord Chancellor in relation to Great Britain.
SCHEDULE 5A Regulations not requiring prior submission to Industrial Injuries Advisory Council
1 Regulations under section 120(1)(b) of the Contributions and Benefits Act.
2 Regulations which state that they contain only provisions in consequence of an order under section 129 , 132 or 132A above.
3 Regulations made within a period of 6 months from the passing of any Act passed after this Act and directed to be construed as one with this Act, where—
(a) the regulations state that they contain only regulations to make provision consequential on the passing of the Act; and
(b) the Act does not exclude this paragraph in respect of the regulations;
and in this paragraph “Act” includes an Act of the Northern Ireland Assembly.
4 Regulations which state that they contain only regulations making with respect to industrial injuries benefit or its administration the same or substantially the same provision as has been, or is to be, made with respect to other benefit as defined in section 121(1) of the Contributions and Benefits Act or its administration.
5 Regulations which state that the only provision with respect to industrial injuries benefit or its administration that is made by the regulations is the same or substantially the same as provision made by the instrument with respect to other benefit as defined in section 121(1) of the Contributions and Benefits Act or its administration.
6 Regulations made for the purpose only of consolidating other regulations revoked by them.
7 Regulations making only provision corresponding to provision contained in regulations made by the Secretary of State or the Lord Chancellor in relation to Great Britain.
Section 162.
Claims and payments
1 (1) Section 5 above shall have effect in relation to the benefits specified in sub-paragraph (2) below as it has effect in relation to the benefits to which it applies by virtue of subsection (2).
(2) The benefits mentioned in sub-paragraph (1) above are benefits under—
(a) the former National Insurance Acts;
(b) the former Industrial Injuries Acts;
(c) the National Assistance Act (Northern Ireland) 1948;
(d) the Supplementary Benefits &c. Act (Northern Ireland) 1966;
(e) the Supplementary Benefits (Northern Ireland) Order 1977;
(f) the Family Income Supplements Act (Northern Ireland) 1971.
(3) In sub-paragraph (2) above—
“the former National Insurance Acts” means the National Insurance Act (Northern Ireland) 1946 and the National Insurance Act (Northern Ireland) 1966; and
“the former Industrial Injuries Acts” means the Industrial Injuries Act (Northern Ireland) 1946 and the Industrial Injuries Act (Northern Ireland) 1966.
Adjudication
2 (1) Articles 9 to 18, 29 to 31 and 39 of the Social Security (Northern Ireland) Order 1998 and section 22 above shall have effect for the purposes of the benefits specified in paragraph 2(2) above as they have effect for the purposes of benefit within the meaning of section 121 of the Contributions and Benefits Act other than attendance allowance, disability living allowance and disability working allowance.
(2) Procedure regulations made under Article 16 of the Social Security (Northern Ireland) Order 1998 by virtue of sub-paragraph (1) above may make different provision in relation to each of the benefits specified in paragraph 1(2) above.
Overpayments etc.
3 (1) Section 69 above shall have effect in relation to the benefits mentioned in paragraph 2(2) above as it has effect in relation to the benefits to which it applies by virtue of subsection (11).
(2) Section 72 above shall have effect in relation to supplementary benefit as it has effect in relation to income support.
(3) The reference to housing benefit in section 73 above includes a reference to housing benefits under the Housing Benefits (Northern Ireland) Order 1983.
Inspection
4 Part VI of this Act shall have effect as if the following statutory provisions were included in the statutory provisions comprised in the relevant social security legislation—
(a) the Supplementary Benefits (Northern Ireland) Order 1977,
(b) the Family Income Supplements Act (Northern Ireland) 1971.
Legal proceedings
5 Section 110 above shall have effect as if any reference to this Act in that section included—
(a) the National Assistance Act (Northern Ireland) 1948;
(b) the Supplementary Benefits &c. Act (Northern Ireland) 1966;
(c) the Supplementary Benefits (Northern Ireland) Order 1977;
(d) the Family Income Supplements Act (Northern Ireland) 1971.