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Social Security Administration (Northern Ireland) Act 1992 (c. 8)(The document as of February, 2008) Page 11 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 a vaccine damage tribunal; (e)a Pensions Appeal Tribunal constituted under the [1943 c. 39.] Pensions Appeal Tribunals Act 1943. The Disability Living Allowance Advisory Board for Northern IrelandA member of the Disability Living Allowance Advisory Board for Northern Ireland. An officer or servant of that Board. The Occupational Pensions BoardThe chairman or deputy chairman of the Occupational Pensions Board. A member of that Board. A member of the staff of that Board. The social fundThe social fund Commissioner. A social fund officer. A social fund inspector. A member of any staff employed in connection with the social fund. Former statutory bodiesAn 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. 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 Northern Ireland Court Service is a reference to that Service only to the extent that the functions carried out relate to functions of the Chief, or any other, Social Security Commissioner. 4 The reference in Part I of this Schedule to the Commissioners of Inland Revenue is a reference to those Commissioners only to the extent that the functions carried out by them or any officer of theirs relate to-- (a) any of the following aspects of social security-- (i) National Insurance contributions; (ii) statutory sick pay; (iii) statutory maternity pay; or (b) the tax treatment of occupational or personal pension schemes. Section 149. SCHEDULE 5 Regulations not Requiring Prior Submission to Social Security Advisory CommitteeDisability living allowance1 Regulations under section 72(3) or 73(10) of the Contributions and Benefits Act. Industrial injuries2 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 or 132 of this Act. Earnings limits4 Regulations under section 5 of the Contributions and Benefits Act or regulations which state that they contain only regulations to make provision consequential on regulations under that section. Married women and widows--reduced rate contributions5 Regulations under section 19(4)(a) of the Contributions and Benefits Act. Child benefit6 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 pay8 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. Section 161. SCHEDULE 6 Old Cases Payments AdministrationProvisions ancillary to paragraph 2 of Schedule 8 to Contributions and Benefits Act1 (1) The provisions of this paragraph shall have effect with respect to regulations under paragraph 2 of Schedule 8 to the Contributions and Benefits Act, and any such regulations are hereafter in this paragraph referred to as "the regulations". (2) The regulations shall in particular make provision-- (a) for enabling claims for or in respect of allowances to be made to the Department in such manner as the regulations may provide; (b) for the determination by the Department of questions arising on or in connection with any such claims or on or in connection with the regulations and for conferring a right of appeal from any decision of the Department on any such question to a Commissioner; (c) for the review of such decisions in such circumstances and in such manner as the regulations may provide. (3) Without prejudice to the generality of sub-paragraph (2) above, the regulations may make provision-- (a) for enabling any class or description of such questions as are mentioned in sub-paragraph (2)(b) above to be determined as if they had arisen under Parts II to VI of the Contributions and Benefits Act; (b) as to the procedure to be followed in connection with the consideration and determination of claims and questions by the Department and the Commissioner; (c) for applying, with or without modifications, section 163(1) and (2) above, or for making provision corresponding to those subsections; (d) for requiring persons claiming or receiving allowances to furnish information and evidence and to undergo medical or other examination; (e) for requiring the repayment to the Department in whole or in part of payments under paragraph 2 of Schedule 8 to the Contributions and Benefits Act subsequently found not to have been due, for the deduction of any sums so required to be repaid from payments under paragraph 2 of that Schedule or by way of industrial injuries benefit, and for the deduction from payments under that paragraph of any sums which may by virtue of any provision of this Act be recovered by deduction from any payment by way of such benefit. (4) Subject to any provisions of the regulations for reviewing decisions, the decision in accordance with the regulations of any question arising under the regulations shall be final for the purposes of Schedule 8 to the Contributions and Benefits Act. (5) Regulations varying earlier regulations may do so in such a way as to make allowances payable, or payable at an increased rate, under the earlier regulations in respect of periods before the making of the later regulations. (6) The Department may make such payments in connection with the administration of the regulations (including payments on account of travelling expenses or loss of remunerative time or both to persons required to undergo medical or other examination or to attend any hearing for the purpose of determining questions arising under the regulations) as it may, with the consent of the Department of Finance and Personnel, determine. (7) Notwithstanding anything in this Act or the Contributions and Benefits Act, the regulations shall not require a person to submit himself to medical treatment. Adjustment of benefit in certain cases2 (1) Regulations under paragraph 2 of Schedule 8 to the Contributions and Benefits Act may include provisions for adjusting the rate of, or extinguishing any right to, an allowance under that paragraph in a case where the same person is, or would otherwise be, entitled separately in respect of two or more injuries or diseases to an allowance under that paragraph. (2) Where, immediately before 10th May 1966, a person was receiving payments by way of one or more allowances under the [1951 c. 16 (N.I.).] Workmen's Compensation (Supplementation) Act (Northern Ireland) 1951 or the [1956 c. 9 (N.I.).] Workmen's Compensation (Supplementation) Act (Northern Ireland) 1956 of a greater amount or aggregate amount than, but for the provisions of this sub-paragraph, he would have been entitled to receive after the commencement of the Old Cases Act by way of allowances under section 2 of that Act, he shall continue to be entitled to that greater amount or aggregate amount for any period after the commencement of that Act for which he would have so continued if the [1966 c. 14 (N.I.).] Workmen's Compensation (Supplementation) Act (Northern Ireland) 1966 and the Old Cases Act had not been passed. Overpayments3 Regulations under paragraph 2 of Schedule 8 to the Contributions and Benefits Act may make provision in relation to allowances under that Schedule corresponding to the provision made by section 69 above in relation to the benefits to which it applies. Section 162. SCHEDULE 7 Supplementary Benefits, Etc.Claims and payments1 (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 [1948 c. 13 (N.I.).] National Assistance Act (Northern Ireland) 1948; (d) the [1966 c. 28 (N.I.).] Supplementary Benefits &c. Act (Northern Ireland) 1966; (e) the [S.I. 1977/2156 (N.I. 27).] Supplementary Benefits (Northern Ireland) Order 1977; (f) the [1971 c. 8 (N.I.).] Family Income Supplements Act (Northern Ireland) 1971. (3) In sub-paragraph (2) above--
Adjudication2 (1) Sections 18 to 27, 34 to 41 and 49 to 59 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 section 57 above 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 [S.I. 1983/1121 (N.I. 14).] Housing Benefits (Northern Ireland) Order 1983. Inspection4 Section 104 above shall have effect as if it also applied to-- (a) the [S.I. 1977/2156 (N.I. 27).] Supplementary Benefits (Northern Ireland) Order 1977, (b) the [1971 c. 8 (N.I.).] Family Income Supplements Act (Northern Ireland) 1971. Legal proceedings5 Section 110 above shall have effect as if any reference to this Act in that section included-- (a) the [1948 c. 13 (N.I.).] National Assistance Act (Northern Ireland) 1948; (b) the [1966 c. 28 (N.I.).] Supplementary Benefits &c. Act (Northern Ireland) 1966; (c) the Supplementary Benefits (Northern Ireland) Order 1977; (d) the Family Income Supplements Act (Northern Ireland) 1971. TABLE OF DERIVATIONSNote: 1. Abbreviations used in this Table are the same as those used in the Table of Derivations for the Social Security Contributions and Benefits (Northern Ireland) Bill. They are set out at the beginning of that Table. 2. The Table does not acknowledge the general changes made by Articles 3 and 4 of the Social Security Adjudications (Northern Ireland) Order 1983. Those Articles transferred adjudication functions to adjudication officers, social security appeal tribunals and adjudicating medical practitioners. 3. The Table does not contain any entries in respect of Article 2(3) of the Social Security Pensions (Northern Ireland) Order 1975 (NI 15) under which, with certain exceptions, that Order and the Social Security (Northern Ireland) Act 1975 (c. 15) have effect as if the provisions of the Order were contained in the Social Security (Northern Ireland) Act 1975. The effect is that the general provisions of the Social Security (Northern Ireland) Act 1975 apply to the provisions of the Social Security Pensions (Northern Ireland) Order 1975. 4. The Table does not contain any entries for Transfer of Functions Orders.
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