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

(The document as of February, 2008)

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Supplementary benefit etc.

162 Application of provisions of Act to supplementary benefit, etc

Schedule 7 to this Act shall have effect for the purposes of making provision in relation to the benefits there mentioned.

Miscellaneous

163 Certain benefit to be inalienable

(1) Subject to the provisions of this Act, every assignment of, or charge on--

(a) benefit as defined in section 121 of the Contributions and Benefits Act;

(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 [S.I. 1981/226 (N.I. 6).] Judgments Enforcement (Northern Ireland) Order 1981 or Article 101(5)(b) of the [S.I. 1981/1675 (N.I. 26).] 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.

164 Exemption from stamp duty

(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) Stamp duty shall not be chargeable upon such documents used in connection with business under paragraphs 2 and 3 of Schedule 8 to the Contributions and Benefits Act and paragraph 1 of Schedule 6 to this Act as may be specified in regulations made under paragraph 2 of Schedule 8 to that Act.

Part XVV General

Subordinate legislation

165 Regulations and orders - general

(1) Subject to subsection (2) below and to any 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 to make regulations or orders is exercisable by statutory rule for the purposes of the [S.I. 1979/1573 (N.I. 12).] 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.

(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.

(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) regulations prescribing relevant benefits for the purposes of Part IV of this Act;

(b) regulations under section 81 or 152(5)(c) above;

(c) an order under section 142(7), 145(4) 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, 152 and 154, 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 any of sections 153 to 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.

(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--

(a) to any regulations made by the Department under section 97(2), 131 or 134 above; and

(b) to any order made by the Department under section 129, 132, 133 or 142 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) below, all regulations made under this Act by the Lord Chancellor shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument, and section 5 of the [1946 c. 36.] Statutory Instruments Act 1946 shall apply accordingly.

(6) Section 41(3) of the [1954 c. 33 (N.I.).] 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.

(11) During the interim period (as defined by section 1(4) of the [1974 c. 28.] Northern Ireland Act 1974), subsections (1) and (4) above have effect subject to paragraph 3 of Schedule 1 to that Act.

(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).

Supplementary

167 Interpretation

(1) In this Act, unless the context otherwise requires--

• "the Assembly" means the Northern Ireland Assembly;

• "the 1975 Act" means the [1975 c. 15.] Social Security (Northern Ireland) Act 1975;

• "benefit" means benefit under the Contributions and Benefits Act;

• "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) 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;

(b) 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--

(a) an applicant for a declaration under section 42 above that an accident was or was not an industrial accident; and

(b) 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 3 Commissioners constituted under section 55 above;

• "compensation payment" has the meaning assigned by section 77 above;

• "compensator" has the meaning assigned by section 78 above;

• "the Consequential Provisions Act" means the [1992 c. 9.] Social Security (Consequential Provisions) (Northern Ireland) Act 1992;

• "Consolidated Fund" means the Consolidated Fund of Northern Ireland;

• "contribution card" has the meaning assigned to it by section 108(6) above;

• "the Contributions and Benefits Act" means the [1992 c. 7.] Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• "the Department" means the Department of Health and Social Services for Northern Ireland;

• "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;

• "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 [1992 c. 5.] Social Security Administration Act 1992;

• "the Great Britain Contributions and Benefits Act" means the [1992 c. 4.] Social Security Contributions and Benefits Act 1992;

• "the Housing Executive" means the Northern Ireland Housing Executive;

• "income-related benefit" means--

(a) income support;

(b) family credit;

(c) disability working allowance; and

(d) housing benefit;

• "industrial injuries benefit" means benefit under Part V of the Contributions and Benefits Act, other than under Schedule 8;

• "invalidity benefit" has the meaning assigned to it by section 20(1)(c) of that Act;

• "Joint Authority" means the Head of the Department and the Secretary of State;

• "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;

• "National Insurance Fund" means the Northern Ireland National Insurance Fund;

• "occupational pension scheme" has the same meaning as in Article 2(2) of the Pensions Order;

• "the Old Cases Act" means the [1975 c. 17.] Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975;

• "Old Cases payments" means payments under Part I of Schedule 8 to the Contributions and Benefits Act;

• "the 1986 Order" means the [S.I. 1986/1888 (N.I. 18).] Social Security (Northern Ireland) Order 1986;

• "the Pensions Order" means the [S.I. 1975/1503 (N.I. 15).] Social Security Pensions (Northern Ireland) Order 1975;

• "personal pension scheme" has the meaning assigned to it by Article 2(2) of the 1986 Order;

• "prescribe" means prescribe by regulations;

• "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;

• "statutory provision" has the meaning assigned to it by section 1(f) of the [1954 c. 33 (N.I.).] 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 [1973 c. 36.] Northern Ireland Constitution Act 1973 (validity of Measures of the Northern Ireland Assembly, including Orders in Council under the [1974 c. 28.] 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.

168 Short title, commencement and extent

(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 (4) below, this Act extends to Northern Ireland only.

(6) Section 22 above and this section also extend to Great Britain.

SCHEDULES

Section 1(6).

SCHEDULE 1 Claims for Benefit Made or Treated as Made Before 1st October 1990

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.

SCHEDULE 2 Commissioners, Tribunals, Etc.--Supplementary Provisions

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 at the end of the completed year of service in which they attain the age of 72.

(3) Where the Lord Chancellor considers it desirable in the public interest to retain a Commissioner, the President or a full-time chairman in office after the time at which he would be required by sub-paragraph (2) above to vacate it, the Lord Chancellor may from time to time authorise his continuance in office until any date not later than that on which he attains the age of 75.

(4) A Commissioner, the President and a full-time chairman may be removed from office by the Lord Chancellor on the ground of misbehaviour or incapacity.

(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) or (3) 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 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.

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 Lord Chancellor shall pay to a Commissioner such salary or other remuneration, 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 Treasury.

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

(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.

SCHEDULE 3 Regulations as to Procedure

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.

Section 117.

SCHEDULE 4 Persons Employed in Social Security Administration or Adjudication

Part I The Specified Persons

Government departments

A civil servant in--

(a)

the Department;

(b)

the Department of Social Security;

(c)

the Northern Ireland Court Service.

Other public departments and offices

A member or officer of the Commissioners of Inland Revenue.

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)

a social security appeal tribunal;

(b)

a disability appeal tribunal;

(c)

a medical appeal tribunal;

(d)

a vaccine damage tribunal;

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