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

(The document as of February, 2008)

-- Back --

Page 8

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11

(e) a severe disablement allowance.

(2) Regulations under this section shall prescribe--

(a) the kind of information to be furnished in accordance with the regulations;

(b) the person to whom information of the prescribed kind is to be furnished; and

(3) The cases are--

(a) where, by virtue of paragraph 2 of Schedule 11 to the Contributions and Benefits Act or of regulations made under paragraph 1 of that Schedule, a period of entitlement does not arise in relation to a period of incapacity for work;

(b) where a period of entitlement has come to an end but the period of incapacity for work which was running immediately before the period of entitlement came to an end continues; and

(i) the period of incapacity for work in question continues to run for a prescribed period; and

(ii) there is no material change in circumstances,

the period of entitlement will have ended on or before the end of the prescribed period.

(4) Regulations--

(a) may require employers to maintain such records in connection with statutory sick pay as may be prescribed;

(b) may provide for--

(i) any person claiming to be entitled to statutory sick pay; or

(ii) any other person who is a party to proceedings arising under Part XI of the Contributions and Benefits Act,

to furnish to the Department, within a prescribed period, any information required for the determination of any question arising in connection therewith; and

(c) may require employers who have made payments of statutory sick pay to furnish to the Department such documents and information, at such times, as may be prescribed.

Statutory maternity pay and other benefits

123 Disclosure by the Department for purpose of determination of period of entitlement to statutory maternity pay

Where the Department considers that it is reasonable for information held by the Department to be disclosed to a person liable to make payments of statutory maternity pay for the purpose of enabling that person to determine--

(a) whether a maternity pay period exists in relation to a woman who is or has been an employee of his; and

(b) if it does, the date of its commencement and the weeks in it in respect of which he may be liable to pay statutory maternity pay,

the Department may disclose the information to that person.

124 Duties of employers - statutory maternity pay and claims for other benefits

(1) Regulations may make provision requiring an employer in prescribed circumstances to furnish information in connection with the making of a claim by a woman who is or has been his employee for--

(a) a maternity allowance;

(b) sickness benefit;

(d) a severe disablement allowance.

(2) Regulations under this section shall prescribe--

(a) the kind of information to be furnished in accordance with the regulations;

(b) the person to whom information of the prescribed kind is to be furnished; and

(3) Regulations--

(a) may require employers to maintain such records in connection with statutory maternity pay as may be prescribed;

(b) may provide for--

(i) any woman claiming to be entitled to statutory maternity pay; or

(ii) any other person who is a party to proceedings arising under Part XII of the Contributions and Benefits Act,

to furnish to the Department, within a prescribed period, any information required for the determination of any question arising in connection therewith; and

(c) may require persons who have made payments of statutory maternity pay to furnish to the Department such documents and information, at such times, as may be prescribed.

Maintenance proceedings

125 Furnishing of addresses for maintenance proceedings, etc

(1) The Department may incur expenses for the purpose of furnishing the address at which a man or woman is recorded by it as residing, where the address is required for the purpose of taking or carrying on legal proceedings to obtain or enforce an order for the making by the man or woman of payments--

(a) for the maintenance of the man's wife or former wife, or the woman's husband or former husband; or

(b) for the maintenance or education of any person as being the son or daughter of the man or his wife or former wife, or of the woman or her husband or former husband.

(2) In subsection (1)(b) above "son or daughter" includes an illegitimate son or daughter.

Part VIIIIII Arrangements for Housing Benefit

Housing benefit

126 Arrangements for housing benefit

(1) Housing benefit provided by virtue of a scheme under section 122 of the Contributions and Benefits Act (in this Act referred to as "the housing benefit scheme")--

(a) is to be in the form of a rate rebate, if it is in respect of payments by way of rates;

(b) is to be in the form of a rent rebate, if it is in respect of payments, other than payments by way of rates, to be made to the Housing Executive; and

(2) The rebates and allowances referred to in subsection (1) above may take any of the following forms, that is to say--

(a) a payment or payments by the Housing Executive or the Department of the Environment, as the case may be, to the person entitled to the benefit; and

(b) a reduction in the amount of any payments which that person is liable to make to the Housing Executive or the Department of the Environment, as the case may be, by way of rent or rates; or

and in any statutory provision (whenever passed or made) "pay", in relation to housing benefit, includes discharge in any of those forms.

(3) Housing benefit shall be administered by--

(a) the Housing Executive in so far as it relates to persons who are tenants of the Executive, private tenants or tenants of registered housing associations;

(b) the Department of the Environment in so far as it relates to persons who own and occupy their dwellings.

(4) Regulations may provide that in prescribed cases a payment made by a person entitled to a rent allowance shall be treated for the purposes of subsection (1)(a) above as being, to such extent as may be prescribed, a payment by way of rates.

(5) Circumstances may be prescribed in which a rate rebate may be treated as if it fell to be paid as a rent allowance.

(6) In this section--

"private tenants" means tenants under any tenancy except--
(a)
a tenancy under which the estate of the landlord belongs to--
(b)
the Housing Executive; or
(ii)
a registered housing association;
(d)
a tenancy the purpose of which is to confer on the tenant the right to occupy a dwelling-house for a holiday;
"registered housing association" means a housing association registered in the register maintained under Part VII of the [S.I. 1981/156 (N.I. 3).] Housing (Northern Ireland) Order 1981.

127 Housing benefit finance

(1) The Department shall in respect of each financial year pay to the Housing Executive a grant towards the expenditure incurred or to be incurred by the Executive in that year under this Part (including, if the Department so determines, an amount towards the cost of administering housing benefit).

(2) The amount of the grant under subsection (1) above which is to be paid to the Housing Executive shall be such as the Department may, with the approval of the Department of Finance and Personnel, determine.

(3) A grant under subsection (1) above shall be payable by the Department at such time and in such manner as the Department may think fit.

128 Claims etc

(1) Unless the Department otherwise determines, a grant under section 127 above shall not be payable until the Housing Executive has made a claim for it in such form as the Department may determine.

(2) The Department may withhold from the Housing Executive so much of any grant under section 127 above as it thinks fit until either--

(a) the Executive has supplied it with prescribed particulars relating to its claim for a grant and complied with prescribed conditions as to records, certificates, audit or otherwise; or

(b) the Department is satisfied that there is a good reason for the Executive's failure to supply those particulars or comply with those conditions.

(3) If the Housing Executive fails to make a claim for a grant within such period as the Department considers reasonable, the Department may withhold from the Executive such part of the grant as it thinks fit for so long as it thinks fit.

(4) Where the amount of the grant paid to the Housing Executive for any year is found to be incorrect, the amount payable to it for any subsequent year may be adjusted for the purpose of rectifying that mistake in whole or in part.

Part IXX Alteration of Contributions and Benefits

Alteration of contributions, etc.

129 Amendments following alterations in Great Britain

Whenever the Secretary of State makes an order under section 141, 143, 145 or 146 of the Great Britain Administration Act (alteration of contributions), the Department may make a corresponding order for Northern Ireland.

130 Revaluation of earnings factors

Whenever the Secretary of State makes an order under section 148 of the Great Britain Administration Act directing that earnings factors for any tax year be increased by any percentage (in order to restore their value in relation to the general level of earnings so far as they are relevant to the calculation of the additional pension in the rate of any long-term benefit, the calculation of any guaranteed minimum pension or any other calculation required under Part III of the [1975 c. 60.] Social Security Pensions Act 1975), the Department may make an order for Northern Ireland directing that corresponding earnings factors for the same year be increased by a corresponding percentage.

131 Statutory sick pay - power to alter limit for small employers' relief

Whenever the Secretary of State makes regulations prescribing an amount which an employer's contributions payments must not exceed if he is to be a small employer for the purposes of section 154 of the Great Britain Contributions and Benefits Act, the Department shall make corresponding regulations for Northern Ireland.

Review and alteration of benefits

132 Annual up-rating of benefits

(1) Whenever the Secretary of State makes an order under section 150 of the Great Britain Administration Act the Department may make a corresponding order for Northern Ireland.

(2) An increase in a sum such as is specified in subsection (3)(b) below shall form part of the Category A or Category B retirement pension of the person to whom it is paid and an increase in a sum such as is specified in subsection (3)(a) below shall be added to and form part of that pension but shall not form part of the sum increased.

(3) The sums referred to in subsection (2) above are those which are--

(a) payable by virtue of Article 37(6) of the Pensions Order to a person who is also entitled to a Category A or Category B retirement pension (including any sum payable by virtue of Article 38(3) of that Order); or

(b) payable to such a person as part of his Category A or Category B retirement pension by virtue of--

(i) an order made under this section corresponding to an order made under section 150 of the Great Britain Administration Act by virtue of paragraph (e)(ii) of subsection (1) of that section;

(ii) an order made under section 120 of the [1975 c. 14.] 1975 Act corresponding to an order made under section 126A of the Social Security Act 1975; or

(iii) an order made under Article 64 of the [1986 c. 50.] 1986 Order corresponding to an order made under section 63(1)(d) of the Social Security Act 1986.

(4) Where any increment under Article 37(6) of the Pensions Order--

(a) is increased in any tax year by an order under Article 39A of that Order; and

(b) in that tax year also falls to be increased by an order under this section,

the increase under this section shall be the amount that would have been specified in the order, but for this subsection, less the amount of the increase under Article 39A of the Pensions Order.

(5) Where sums are payable to a person by virtue of Article 37(6) of the Pensions Order (including such sums payable by virtue of Article 38(3) of that Order) during a period ending with the date on which he became entitled to a Category A or Category B retirement pension, then, for the purpose of determining the amount of his Category A or Category B retirement pension, orders made under this section during that period shall be deemed to have come into force (consecutively in the order in which they were made) on the date on which he became entitled to that pension.

(6) The reference in subsection (1) above to an order made under section 150 of the Great Britain Administration Act includes a reference to an order made in exercise of the powers conferred by regulations made under subsection (11) of that section.

133 Rectification of mistakes in up-rating orders

Whenever the Secretary of State makes an order under section 152 of the Great Britain Administration Act, the Department may make a corresponding order for Northern Ireland.

134 Social security benefits in respect of children

(1) Regulations may, with effect from any day on or after that on which there is an increase in the rate or any of the rates of child benefit, reduce any sum specified in any of the provisions mentioned in subsection (2) below to such extent as the Department thinks appropriate having regard to that increase.

(2) The provisions referred to in subsection (1) above are the following provisions of Schedule 4 to the Contributions and Benefits Act--

(a) paragraph 6 of Part I (child's special allowance);

(b) paragraph 5 of Part III (guardian's allowance);

(d) paragraph 7 of Part V (increase of weekly rate of disablement pension in respect of child dependants);

(e) paragraph 12 of Part V (allowance in respect of deceased's children).

Part X Computation of Benefits

135 Effect of alteration of rates of benefit under Parts II to V of Contributions and Benefits Act

(1) This section has effect where the rate of any benefit to which this section applies is altered--

(a) by a statutory provision made subsequent to this Act;

(b) by an order under section 132 or 133 above; or

and in this section "the commencing date" means the date fixed for payment of benefit at an altered rate to commence.

(2) This section applies to benefit under Part II, III, IV or V of the Contributions and Benefits Act.

(3) Subject to such exceptions or conditions as may be prescribed, where--

(a) the weekly rate of a benefit to which this section applies is altered to a fixed amount higher or lower than the previous amount; and

(b) before the commencing date an award of that benefit has been made (whether before or after the making of the relevant statutory provision),

except as respects any period falling before the commencing date, the benefit shall become payable at the altered rate without any claim being made for it in the case of an increase in the rate of benefit or any review of the award in the case of a decrease, and the award shall have effect accordingly.

(4) Where--

(a) the weekly rate of a benefit to which this section applies is altered; and

(b) before the commencing date (but after that date is fixed) an award is made of the benefit,

the award either may provide for the benefit to be paid as from the commencing date at the altered rate or may be expressed in terms of the rate appropriate at the date of the award.

(5) Where in consequence of the making of a statutory provision altering the rate of disablement pension, regulations are made varying the scale of disablement gratuities, the regulations may provide that the scale as varied shall apply only in cases where the period taken into account by the assessment of the extent of the disablement in respect of which the gratuity is awarded begins or began after such day as may be prescribed.

(6) Subject to such exceptions or conditions as may be prescribed, where--

(a) for any purpose of any statutory provision the weekly rate at which a person contributes to the cost of providing for a child, or to the maintenance of an adult dependant, is to be calculated for a period beginning on or after the commencing date for an increase in the weekly rate of benefit; but

(b) account is to be taken of amounts referable to the period before the commencing date,

those amounts shall be treated as increased in proportion to the increase in the weekly rate of benefit.

136 Computation of Category A retirement pension with increase under s.52(3) of Contributions and Benefits Act

Where a person is entitled to a Category A retirement pension with an increase under section 52(3) of the Contributions and Benefits Act in the additional pension and the circumstances are such that--

(a) the deceased spouse to whose contributions that increase is referable died during that part of the tax year which precedes the date on which the order under section 132 above comes into force ("the initial up-rating order"); and

(b) the deceased spouse's final relevant year for the purposes of section 44 of the Contributions and Benefits Act is the tax year immediately preceding that in which the death occurred,

then, in determining the amount of the additional pension which falls to be increased by the initial up-rating order, so much of that pension as is attributable to the increase under section 52(3) of the Contributions and Benefits Act shall be disregarded.

137 Effect of alteration of rates of child benefit

(1) Subsections (3) and (4) of section 135 above shall have effect where there is an increase in the rate or any of the rates of child benefit as they have effect in relation to the rate of benefit to which that section applies.

(2) Where in connection with child benefit--

(a) any question arises in respect of a period after the date fixed for the commencement of payment of child benefit at an increased rate--

(i) as to the weekly rate at which a person is contributing to the cost of providing for a child; or

(ii) as to the expenditure that a person is incurring in respect of a child; and

(b) in determining that question account falls to be taken of contributions made or expenditure incurred for a period before that date,

the contributions made or expenditure incurred before that date shall be treated as increased in proportion to the increase in the rate of benefit.

138 Treatment of excess benefit as paid on account of child benefit

(1) In any case where--

(a) any benefit as defined in section 121 of the Contributions and Benefits Act or any increase of such benefit ("the relevant benefit or increase") has been paid to a person for a period in respect of a child; and

(b) subsequently child benefit for that period in respect of the child becomes payable at a rate which is such that, had the relevant benefit or increase been awarded after the child benefit became payable, the rate of the relevant benefit or increase would have been reduced,

then, except in so far as regulations otherwise provide, the excess shall be treated as paid on account of child benefit for that period in respect of the child.

(2) In subsection (1) above "the excess" means so much of the relevant benefit or increase as is equal to the difference between--

(a) the amount of it which was paid for the period referred to in that subsection; and

(b) the amount of it which would have been paid for that period if it had been paid at the reduced rate referred to in paragraph (b) of that subsection.

139 Effect of alteration in the component rates of income support

(1) Subject to such exceptions and conditions as may be prescribed, where--

(a) an award of income support is in force in favour of any person ("the recipient"); and

(b) there is an alteration in any of the relevant amounts, that is to say--

(i) any of the component rates of income support;

(ii) any of the other sums specified in regulations under Part VII of the Contributions and Benefits Act; or

(iii) the recipient's benefit income; and

then subsection (2) or (3) below (as the case may be) shall have effect.

(2) Where, in consequence of the alteration in question, the recipient becomes entitled to an increased or reduced amount of income support ("the new amount"), then, as from the commencing date, the amount of income support payable to or for the recipient under the award shall be the new amount, without any further decision of an adjudication officer, and the award shall have effect accordingly.

(3) Where, notwithstanding the alteration in question, the recipient continues on and after the commencing date to be entitled to the same amount of income support as before, the award shall continue in force accordingly.

(4) In any case where--

(a) there is an alteration in any of the relevant amounts; and

(b) before the commencing date (but after that date is fixed) an award of income support is made in favour of a person,

the award either may provide for income support to be paid as from the commencing date, in which case the amount shall be determined by reference to the relevant amounts which will be in force on that date, or may provide for an amount determined by reference to the amounts in force at the date of the award.

(5) In this section--

"alteration" means--
(a)
in relation to--
(b)
the component rates of income support; or
(ii)
any other sums specified in regulations under Part VII of the Contributions and Benefits Act,

their alteration by or under any statutory provision whether or not contained in that Part; and

(b) in relation to a person's benefit income, the alteration of any of the applicable sums--

(i) by any statutory provision; or

(ii) by an order under section 132 or 133 above,

to the extent that any such alteration affects the amount of his benefit income;

"applicable sums" means sums to which an order made under section 132 above corresponding to an order made under section 150 of the Great Britain Administration Act by virtue of subsection (1) of that section may apply;
"benefit income", in relation to any person, means so much of his income as consists of--
(a)
benefit under the Contributions and Benefits Act, other than income support; or
(b)
a war disablement pension or war widow's pension;
"the commencing date", in relation to an alteration, means the date on which the alteration comes into force in the case of the person in question;
"component rate", in relation to income support, means the amount of--
(a)
the sum referred to in section 125(5)(b)(i) and (ii) of the Contributions and Benefits Act; or
(b)
any of the sums specified in regulations under section 131(1) of that Act;
"relevant amounts" has the meaning given by subsection (1)(b) above.

140 Implementation of increases in income support due to attainment of particular ages

(1) This section applies where--

(a) an award of income support is in force in favour of a person ("the recipient"); and

(b) there is a component which becomes applicable, or applicable at a particular rate, in his case if he or some other person attains a particular age.

(2) If, in a case where this section applies, the recipient or other person attains the particular age referred to in paragraph (b) of subsection (1) above and, in consequence,--

(a) the component in question becomes applicable, or applicable at a particular rate, in the recipient's case (whether or not some other component ceases, for the same reason, to be applicable, or applicable at a particular rate, in his case); and

(b) after taking account of any such cessation, the recipient becomes entitled to an increased amount of income support,

then, except as provided by subsection (3) below, as from the day on which he becomes so entitled, the amount of income support payable to or for him under the award shall be that increased amount, without any further decision of an adjudication officer, and the award shall have effect accordingly.

(3) Subsection (2) above does not apply in any case where, in consequence of the recipient or other person attaining the age in question, some question arises in relation to the recipient's entitlement to any benefit under the Contributions and Benefits Act, other than--

(a) the question whether the component concerned, or any other component, becomes or ceases to be applicable, or applicable at a particular rate, in his case; and

(b) the question whether, in consequence, the amount of his income support falls to be varied.

(4) In this section "component", in relation to a person and his income support, means any of the sums specified in regulations under section 131(1) of the Contributions and Benefits Act.

Part XII Finance

141 National Insurance Fund

(1) The National Insurance Fund shall continue to be maintained under the control and management of the Department.

(2) Accounts of the National Insurance Fund shall be prepared in such form, and in such manner and at such times, as the Department of Finance and Personnel may direct, and the Comptroller and Auditor General for Northern Ireland shall examine and certify every such account and shall lay copies of it, together with his report on it, before the Assembly.

(3) Any money in the National Insurance Fund may from time to time be paid over to the Department of Finance and Personnel and be invested by that Department in any such manner for the time being specified in Part II of Schedule 1 to the [1961 c. 62.] Trustee Investments Act 1961 as the Treasury may specify by an order of which a draft has been laid before Parliament.

(4) The Department of Finance and Personnel shall certify a statement of the securities in which money forming part of the National Insurance Fund is for the time being invested and that statement so certified shall be included with the accounts of that Fund laid before the Assembly under subsection (2) above.

142 Destination of contributions

(1) Contributions received by the Department under Part I of the Contributions and Benefits Act shall be paid by it into the National Insurance Fund after deducting from contributions of any class, the appropriate health service allocation in the case of contributions of that class.

(2) The contributions referred to in subsection (1) above include those paid over to the Department by the Secretary of State under section 16(5) of the Great Britain Contributions and Benefits Act and by the Inland Revenue under paragraph 6(8) of Schedule 1 to the Contributions and Benefits Act.

(3) The additions paid under section 1(5) of the Contributions and Benefits Act shall be paid, in accordance with any directions given by the Department of Finance and Personnel, into the National Insurance Fund.

(4) The sums paid to the Department by the Secretary of State under section 16(5) of the Great Britain Contributions and Benefits Act and by the Inland Revenue under paragraphs 6(8)(b) and 7 of Schedule 1 to the Contributions and Benefits Act in respect of interest and penalties recovered by them in connection with contributions of any class shall be paid, in accordance with any directions given by the Department of Finance and Personnel, into the National Insurance Fund.

(5) In subsection (1) above "the appropriate health service allocation" means--

(a) in the case of primary Class 1 contributions, 1.05 per cent. of the amount estimated to be that of the earnings in respect of which those contributions were paid at the main primary percentage rate;

(b) in the case of secondary Class 1 contributions, 0.9 per cent. of the amount estimated to be that of the earnings in respect of which those contributions were paid;

(c) in the case of Class 1A contributions, 0.9 per cent. of the amount estimated to be the aggregate of the cash equivalents of the benefits of the cars and car fuel used in calculating those contributions;

(d) in the case of Class 2 contributions, 15.5 per cent. of the amount estimated to be the total of those contributions;

(e) in the case of Class 3 contributions, 15.5 per cent. of the amount estimated to be the total of those contributions; and

(f) in the case of Class 4 contributions, 1.15 per cent. of the amount estimated to be that of the earnings in respect of which those contributions were paid.

(6) In subsection (5) above "estimated" means estimated by the Department in any manner which the Department considers to be appropriate and which the Department of Finance and Personnel has approved.

(7) The Department may by order amend any of paragraphs (a) to (e) of subsection (5) above in relation to any tax year, by substituting for the percentage for the time being specified in that paragraph a different percentage.

(8) No order under subsection (7) above shall substitute a figure which represents an increase or decrease in the appropriate health service allocation of more than--

(a) 0.1 per cent. of the relevant earnings, in the case of paragraph (a) or (b);

(b) 0.1 per cent. of the relevant aggregate, in the case of paragraph (c);

(d) 0.2 per cent. of the relevant earnings, in the case of paragraph (f).

(9) From the health service allocation in respect of contributions of any class there shall be deducted such amount as the Department may estimate to be the portion of the total expenses incurred by it or any other government department in collecting contributions of that class which is fairly attributable to that allocation, and the remainder shall, in the hands of the Department, be taken as paid towards the cost of the health service in Northern Ireland.

(10) Any amounts deducted in accordance with subsection (9) above shall be paid by the Department into the Consolidated Fund.

(11) Any estimate by the Department for the purposes of subsection (9) above shall be made in accordance with any directions given by the Department of Finance and Personnel.

(12) The Department may make regulations modifying this section, in such manner as it thinks appropriate, in relation to the contributions of persons referred to in the following provisions of the Contributions and Benefits Act--

(a) section 116(2) (H.M. Forces);

(b) section 117(1) (mariners, airmen, etc.),

and in relation to any contributions which are reduced under section 6(5) of that Act.

143 General financial arrangements

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11

-- Back --

Stat