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

(The document as of February, 2008)

-- Back --

Page 9

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

143 General financial arrangements

(1) There shall be paid out of the National Insurance Fund--

(a) benefit under Part II of the Contributions and Benefits Act;

(b) guardian's allowance;

(d) any sum falling to be paid by or on behalf of the Department under regulations relating to statutory sick pay or statutory maternity pay;

(e) any expenses of the Department in making payments under section 81, 93 or 95 above to the extent that it estimates that those payments relate to sums paid into the National Insurance Fund.

(2) There shall be paid out of money appropriated by Measure--

(a) any administrative expenses of the Department or any other government department in carrying into effect the Contributions and Benefits Act or this Act;

(b) benefit under Part III of that Act, other than guardian's allowance;

(d) any expenses of the Department in making payments under sections 81, 93 or 95 above to the extent that it estimates that those payments relate to sums paid into the Consolidated Fund;

except in so far as they may be required by any enactment to be paid or borne in some other way.

(3) The administrative expenses referred to in subsection (2)(a) above include those in connection with any inquiry undertaken on behalf of the Department with a view to obtaining statistics relating to the operation of Parts I to VI and XI of the Contributions and Benefits Act.

(4) Any sums required by a secondary Class 1 contributor for the purpose of paying any secondary Class 1 contributions which are payable by him in respect of an earner in consequence of the earner's employment in an office of which the emoluments are payable out of the Consolidated Fund shall be paid out of that Fund.

(5) Any expenditure in respect of the payment of interest or repayment supplements under or by virtue of paragraph 6 of Schedule 1 to the Contributions and Benefits Act or paragraph 6 of Schedule 2 to that Act shall be defrayed out of the National Insurance Fund in accordance with any directions given by the Department of Finance and Personnel.

144 Destination of repayments, etc

(1) Subject to the following provisions of this section, so far as it relates to payments out of money appropriated by Measure, any sum recovered by the Department under or by virtue of this Act shall be paid into the Consolidated Fund.

(2) So far as any such sum relates to a payment out of the National Insurance Fund, it shall be paid into that Fund.

(3) So far as any such sum relates to a payment out of the social fund, it shall be paid into that fund.

(4) Sums repaid by virtue of paragraph 1(3)(e) of Schedule 6 to this Act as it has effect for the purposes of regulations under paragraph 2 of Schedule 8 to the Contributions and Benefits Act shall be paid into the Consolidated Fund.

(5) There shall be paid into the National Insurance Fund--

(a) fees so payable under regulations made by virtue of section 60(2)(b) above;

(b) sums recovered by the Department under regulations made by virtue of paragraph 2 or 4 of Schedule 8 to the Contributions and Benefits Act making provision corresponding to that made by or by virtue of section 69 above.

(6) Any sums paid to the Department in pursuance of section 78 above shall be paid--

(a) into the Consolidated Fund to the extent that it estimates that those sums relate to payments out of money appropriated by Measure; and

(b) into the National Insurance Fund to the extent that it estimates that they relate to payments out of that Fund.

145 Adjustments between National Insurance Fund and Consolidated Fund

(1) There shall be made out of the National Insurance Fund into the Consolidated Fund or out of money appropriated by Measure into the National Insurance Fund such payments by way of adjustment as the Department determines (in accordance with any directions given by the Department of Finance and Personnel) to be appropriate in consequence of the operation of any statutory provision relating to--

(a) family credit;

(b) disability working allowance;

(d) statutory maternity pay; or

(e) the repayment or offsetting of benefit as defined in section 121 of the Contributions and Benefits Act or other payments.

(2) Where any such payments as are specified in subsection (3) below fall to be made by way of adjustment, then, subject to subsection (4) below,--

(a) the amount of the payments to be made shall be taken to be such, and

(b) payments on account of them shall be made at such times and in such manner,

as may be determined by the Department in accordance with any directions given by the Department of Finance and Personnel.

(3) The payments mentioned in subsection (2) above are the following, that is to say--

(a) any such payments falling to be made by way of adjustment under subsection (1)(a) to (d) above;

(b) any such payments falling to be made by way of adjustment in consequence of the operation of any enactment or regulations relating to child benefit--

(i) out of the National Insurance Fund into the Consolidated Fund, or

(ii) into the National Insurance Fund out of money appropriated by Measure; and

(c) any such payments falling to be made by way of adjustment in circumstances other than those mentioned in subsection (1) or paragraph (b) above--

(i) out of the National Insurance Fund either to the Department or another government department or into the Consolidated Fund; or

(ii) into the National Insurance Fund out of money appropriated by Measure.

(4) In relation to payments falling within paragraph (a) or (c) of subsection (3) above, subsection (2) above only applies in such cases or classes of case as may be specified by the Department by order.

(5) There shall be paid out of the National Insurance Fund into the Consolidated Fund, at such times and in such manner as the Department of Finance and Personnel may direct, such sums as the Department may estimate (in accordance with any directions given by the Department of Finance and Personnel) to be the amount of the administrative expenses incurred as mentioned in section 143(2)(a) above, excluding--

(a) expenses attributable to the carrying into effect of provisions of the Contributions and Benefits Act or this Act relating to the benefits which by virtue of section 143(2) above are payable out money appropriated by Measure; and

(b) any other category of expenses which the Department of Finance and Personnel may direct, or any enactment may require, to be excluded from the Department's estimate under this subsection;

but none of the administrative expenses of the Christmas bonus shall be excluded from that estimate by virtue of paragraph (a) or (b) above.

146 The social fund

(1) The fund known as the social fund shall continue in being by that name.

(2) The social fund shall continue to be maintained under the control and management of the Department and payments out of it shall be made by the Department.

(3) The Department shall make payments into the social fund of such amounts, at such times and in such manner as the Department may with the approval of the Department of Finance and Personnel determine.

(4) Accounts of the social 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, before the Assembly.

(5) The Department shall prepare an annual report on the social fund.

(6) A copy of every such report shall be laid before the Assembly.

147 Allocations from social fund

(1) The Department shall allocate amounts for payments from the social fund such as are mentioned in section 134(1)(b) of the Contributions and Benefits Act.

(2) The Department may specify the amounts either as sums of money or by reference to money falling into the social fund on the repayment or partial repayment of loans, or partly in the former and partly in the latter manner.

(3) Allocations--

(a) may be for payments by a particular social fund officer or group of social fund officers;

(b) may be of different amounts for different purposes;

(d) may be in addition to any other allocation to the same officer or group of officers or for the same purpose.

(4) The Department may at any time re-allocate amounts previously allocated, and subsections (2) and (3) above shall have effect in relation to a re-allocation as they have effect in relation to an allocation.

(5) The Department may give general directions to social fund officers or groups of social fund officers, or to any class of social fund officers, with respect to the control and management by social fund officers or groups of social fund officers of the amounts allocated to them under this section.

148 Adjustments between social fund and other sources of finance

(1) There shall be made--

(a) out of the social fund into the Consolidated Fund or the National Insurance Fund;

(b) into the social fund out of money appropriated by Measure or the National Insurance Fund,

such payments by way of adjustment as the Department determines (in accordance with any directions of the Department of Finance and Personnel) to be appropriate in consequence of any statutory provision relating to the repayment or offsetting of a benefit under the Contributions and Benefits Act.

(2) Where in any other circumstances payments fall to be made by way of adjustment--

(a) out of the social fund into the Consolidated Fund or the National Insurance Fund; or

(b) into the social fund out of money appropriated by Measure or the National Insurance Fund,

then, in such cases or classes of case as may be specified by the Department by order, the amount of the payments to be made shall be taken to be such, and payments on account of it shall be made at such times and in such manner, as may be determined by the Department in accordance with any direction given by the Department of Finance and Personnel.

Part XIIII Advisory Bodies and the Duty to Consult

Consultation with the Social Security Advisory Committee

149 Functions of Social Security Advisory Committee in relation to legislation and regulations

(1) The Department may from time to time refer to the Social Security Advisory Committee for consideration and advice such questions relating to the operation of any of the relevant enactments as the Department thinks fit (including questions as to the advisability of amending any of them).

(2) Subject--

(a) to subsection (3) below; and

(b) to section 150 below,

where the Department proposes to make regulations under any of the relevant enactments, it shall refer the proposals, in the form of draft regulations or otherwise, to the Social Security Advisory Committee.

(3) Subsection (2) above does not apply to the regulations specified in Schedule 5 to this Act.

(4) The Department shall furnish the Social Security Advisory Committee with such information as the Committee may reasonably require for the proper discharge of its functions.

(5) In this section "the relevant enactments" means--

(a) the provisions of the Contributions and Benefits Act and this Act, except as they apply to industrial injuries benefit and Old Cases payments; and

(b) the provisions of Part II of Schedule 3 to the Consequential Provisions Act, except as they apply to industrial injuries benefit; and

150 Cases in which consultation with Committee is not required

(1) Nothing in any statutory provision shall require any proposals in respect of regulations to be referred to the Committee if--

(a) it appears to the Department that by reason of the urgency of the matter it is inexpedient so to refer them; or

(b) the Committee has agreed that they shall not be referred.

(2) Where by virtue only of subsection (1)(a) above the Department makes regulations without proposals in respect of them having been referred, then, unless the Committee agrees that this subsection shall not apply, the Department shall refer the regulations as soon as practicable after making them.

(3) Where the Department has referred proposals to the Committee, the Department may make the proposed regulations before the Committee has made its report only if after the reference it appears to the Department that by reason of the urgency of the matter it is expedient to do so.

(4) Where by virtue of this section regulations are made before a report of the Committee has been made, the Committee shall consider them and make a report to the Department containing such recommendations with regard to the regulations as the Committee thinks appropriate; and a copy of any report made to the Department on the regulations shall be laid by it before the Assembly together, if the report contains recommendations, with a statement--

(a) of the extent (if any) to which the Department proposes to give effect to the recommendations; and

(b) in so far as it does not propose to give effect to them, of its reasons why not.

(5) Except to the extent that this subsection is excluded by a statutory provision passed or made after 5th November 1986, nothing in any statutory provision shall require the reference to the Committee of any regulations contained in either--

(a) a statutory rule made before the end of the period of 6 months beginning with the coming into operation of the statutory provision under which those regulations are made; or

(b) a statutory rule--

(i) which states that it contains only regulations made by virtue of, or consequential upon, a specified statutory provision; and

(ii) which is made before the end of the period of 6 months beginning with the coming into operation of that specified statutory provision.

(6) In this section and in section 151 below--

"the Committee" means the Social Security Advisory Committee;
"regulations" means regulations under any statutory provision, whenever passed or made.

151 Committee's report on regulations and Department's duties

(1) The Committee shall consider any proposals referred to it by the Department under section 149 above and shall make to the Department a report containing such recommendations with regard to the subject-matter of the proposals as the Committee thinks appropriate.

(2) If, after receiving a report of the Committee, the Department lays before the Assembly any regulations which comprise the whole or any part of the subject-matter of the proposals referred to the Committee, the Department shall lay with the regulations a copy of the Committee's report and a statement showing--

(a) the extent (if any) to which the Department has, in framing the regulations, given effect to the Committee's recommendations; and

(b) in so far as effect has not been given to them, the Department's reasons why not.

(3) Section 41(3) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 (procedure for laying documents before the Assembly) shall apply in relation to any document which by virtue of subsection (2) above is required to be laid before the Assembly as if it were a statutory document within the meaning of that Act.

(4) In relation to regulations required or authorised to be made by the Department in conjunction with the Department of Finance and Personnel, any reference in this section or section 150 above to the Department shall be construed as a reference to the Department and the Department of Finance and Personnel.

The Disability Living Allowance Advisory Board

152 The Disability Living Allowance Advisory Board

(1) The Disability Living Allowance Advisory Board for Northern Ireland (in this section referred to as "the Board") constituted under Article 5(1) of the [S.I. 1991/1712 (N.I.).] Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 shall continue in being by that name.

(2) Regulations shall confer on the Board such functions relating to disability living allowance or attendance allowance as the Department thinks fit and shall make provision for--

(a) the Board's constitution;

(b) the qualifications of its members;

(d) the term of office and other terms of appointment of its members;

(e) their removal.

(3) Regulations may also make provision--

(a) enabling the Board to appoint persons as advisers to it on matters on which in its opinion they are specially qualified;

(b) for the appointment of officers and servants of the Board;

(d) enabling the Board to make rules for regulating its procedure (including its quorum).

(4) The expenses of the Board to such an amount as may be approved by the Department of Finance and Personnel shall be paid by the Department.

(5) There may be paid as part of the expenses of the Board--

(a) to all or any of the members of the Board, such salaries or other remuneration and travelling and other allowances;

(b) to advisers to the Board, such fees; and

(c) to such other persons as may be specified in regulations such travelling and other allowances (including compensation for loss of remunerative time),

as the Department may with the consent of the Department of Finance and Personnel determine.

(6) The Department may furnish the Board with such information as it considers that the Board may need to enable it to discharge its functions.

Part XIIIIII Social Security Systems Outside Northern Ireland

Co-ordination

153 Co-ordination with Great Britain

(1) The Department may with the consent of the Department of Finance and Personnel make arrangements with the Secretary of State ("the joint arrangements") for co-ordinating the operation of the legislation to which this section applies with a view to securing that, to the extent allowed for in the arrangements, it provides a single system of social security for the United Kingdom.

(2) The responsibility of the Joint Authority shall include that of giving effect to the joint arrangements, with power--

(a) to make any necessary financial adjustments between the Northern Ireland National Insurance Fund and the National Insurance Fund; and

(b) to discharge such other functions as may be provided under the joint arrangements.

(3) The Department may make regulations for giving effect to the joint arrangements; and any such regulations may for the purposes of the arrangements provide--

(a) for adapting legislation (including subordinate legislation) for the time being in force in Northern Ireland so as to secure its reciprocal operation with Great Britain;

(b) without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the enactments in force in Great Britain have a corresponding effect in relation to Northern Ireland (but not so as to confer any double benefit); and

(c) for determining, in cases where rights accrue both in relation to Northern Ireland and in relation to Great Britain, which of those rights shall be available to the person concerned.

(4) This section applies--

(a) to the Contributions and Benefits Act and this Act; and

(b) to the Great Britain Contributions and Benefits Act and the Great Britain Administration Act,

except in relation to the following benefits--

(i) income support;

(ii) family credit;

(iii) disability working allowance;

(iv) housing benefit;

(v) child benefit;

(vi) Christmas bonus;

(vii) statutory sick pay;

(viii) statutory maternity pay.

(5) Nothing in this Act prejudices the making of any arrangement by the Department under section 11 of the [1973 c. 36.] Northern Ireland Constitution Act 1973 for the exercise and performance by or by officers of a department of the Government of the United Kingdom on behalf of the Department of any of the powers and duties of the Department under this Act.

Reciprocity

154 Reciprocal arrangements with Great Britain - income-related benefits and child benefit

(1) The Department may with the consent of the Department of Finance and Personnel make reciprocal arrangements with the authority administering any scheme in force in Great Britain and appearing to the Department to correspond substantially with a scheme contained in the Contributions and Benefits Act and this Act concerning any of the benefits to which this section applies for co-ordinating the operation of those schemes, and such arrangements may include provision for making any necessary financial adjustments.

(2) This section applies to the following benefits--

(a) income support;

(b) family credit;

(d) housing benefit; or

(e) child benefit.

(3) Regulations may make provision for giving effect to any such arrangements; and such regulations may in particular provide--

(a) for modifying any provision of this Act or the Contributions and Benefits Act or any regulations made under such a provision;

(b) without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the scheme in force in Great Britain shall have a corresponding effect for the purposes of this Act and the Contributions and Benefits Act (but not so as to confer any double benefit);

(c) for determining, in cases where rights accrue both under that scheme and under this Act and the Contributions and Benefits Act, which of those rights shall be available to the person concerned.

155 Reciprocal agreements with countries outside the United Kingdom

(1) For the purpose of giving effect--

(a) to any agreement with the government of a country outside the United Kingdom providing for reciprocity in matters relating to payments for purposes similar or comparable to the purposes of legislation to which this section applies, or

(b) to any such agreement as it would be if it were altered in accordance with proposals to alter it which, in consequence of any change in the law of Northern Ireland, the government of the United Kingdom has made to the other government in question,

the Secretary of State may by order make provision for modifying or adapting such legislation in its application to cases affected by the agreement or proposed alterations.

(2) An order made by virtue of subsection (1) above may, instead of or in addition to making specific modifications or adaptations, provide generally that legislation to which this section applies shall be modified to such extent as may be required to give effect to the provisions contained in the agreement or, as the case may be, alterations in question.

(3) The modifications which may be made by virtue of subsection (1) above include provisions--

(a) for securing that acts, omissions and events having any effect for the purposes of the law of the country in respect of which the agreement is made have a corresponding effect for the purposes of this Act and the Contributions and Benefits Act (but not so as to confer a right to double benefit);

(b) for determining, in cases where rights accrue both under such legislation and under the law of that country, which of those rights is to be available to the person concerned;

(4) This section applies--

(a) to the Contributions and Benefits Act; and

(b) to this Act,

except in relation to the following benefits--

(i) payments out of the social fund;

(ii) Christmas bonus;

(iii) statutory sick pay; and

(iv) statutory maternity pay.

(5) The power conferred by subsection (1) above shall also be exercisable in relation to regulations made under the Contributions and Benefits Act or this Act and concerning--

(a) income support;

(b) family credit;

(d) housing benefit; or

(e) child benefit.

Part XIV Miscellaneous

Travelling expenses

156 Payment of travelling expenses by Department

The Department may pay such travelling expenses as, with the consent of the Department of Finance and Personnel, the Department may determine--

(a) to persons required by the Department to attend any interview in connection with the operation of the Contributions and Benefits Act or this Act;

(b) to persons attending social security offices of the Department in connection with the operation--

(i) of the Contributions and Benefits Act or this Act; or

(ii) of any prescribed statutory provision.

Offences

157 Impersonation of officers

If any person, with intent to deceive, falsely represents himself to be a person authorised by the Department to act in any capacity (whether under this Act or otherwise) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

158 Illegal possession of documents

(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.

Industrial injuries and diseases

159 Research on industrial injuries, etc

(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.

160 Control of pneumoconiosis

(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 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.

Workmen's compensation, etc.

161 Administration of workmen's compensation etc

(1) Schedule 6 to this Act shall have effect in relation to regulations under paragraphs 2 and 4 of Schedule 8 to the Contributions and Benefits Act.

(2) Regulations may provide for applying in relation to payments under Part II of that Schedule 8 the provisions of this Act relating to the making of claims and the determination of claims and questions in so far as those provisions apply in relation to--

(a) an unemployability supplement;

(b) an increase of a disablement pension in respect of a child or adult dependant; or

(c) an increase of a disablement pension in respect of the need for constant attendance or exceptionally severe disablement,

(as the case may be) subject to any additions or modifications.

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