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FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - LONG TITLE

An Act to provide for the payment of a new benefit for certain
families with small incomes; and for purposes connected therewith.
[23rd March 1971]
Family income supplement.

[

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 1

1.(1) For the purposes of this Act a family shall consist of the
following members of a household

(a)one man or single woman engaged, and normally engaged, in
remunerative full-time work; and

(b)if the person mentioned in paragraph (a) is a man and the
household includes a woman to whom he is married or who lives with
him as his wife, that woman; and

(c)the child or children whose requirements are provided for, in
whole or in part, by the person or either of the persons mentioned
in paragraphs (a) and (b).][

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 1
Family income supplement .

1.(1) For the purposes of this Act a family shall consist of the
following members of a household

(a)a man or woman engaged and normally engaged in remunerative
full-time work; and

(b)if the person mentioned in the preceding paragraph is one of a
married or unmarried couple, the other member of the couple; and

(c)the child or children whose requirements are provided for, in
whole or in part, by the person or either of the persons mentioned
in paragraphs (a) and (b);

[(1A) It shall be the duty of the Department to appoint persons to
perform the functions conferred by this Act on supplement officers.]

(2) A benefit, to be known as a family income supplement, shall be
paid (on a claim duly made thereto) for any family in Northern
Ireland if the weekly amount of its resources, so far as taken
into account for the purposes of this Act, falls short of the
prescribed amount.[

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 2
Prescribed amount.

2.(1) Subject to subsection (2), the prescribed amount for any
family shall be such amount as may be specified by regulations and
different amounts may be so specified according to the number of
children included in the family.

(2) The amount specified under this section for any family shall
not be less than the amount which immediately before the appointed
day for the purposes of the Child Benefit (Northern Ireland) Order
1975 was the prescribed amount for a family which includes only one
child.]

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 3
Amount of family income supplement.

3.[(1) Subject to the following provisions of this section, the
weekly rate of a family income supplement shall be one half of the
difference between the amounts mentioned in section 1(2) but shall
not in any case exceed such amount as may be specified by
regulations.

(1A) Different amounts may be so specified according to the number
of children included in a family and no amount so specified shall
be less than the existing maximum minus an amount equal to the
weekly rate of child benefit for the time being in force or, if
different weekly rates of child benefit are in force, the lower or
lowest of them.

In this subsection "the existing maximum" means the amount which
immediately before the appointed day for the purposes of the Child
Benefit (Northern Ireland) Order 1975 was the maximum weekly rate of
a family income supplement in the case of a family which includes
only one child.]

(2) Where the weekly rate would be #0.10 or less the family income
supplement shall not be payable.

(3) Where the weekly rate exceeds #0.10 but would not be a
multiple of #0.10 it shall be increased to the nearest multiple.

(4) Regulations may vary the proportion ... for the time being
specified in this section.

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 4
Resources taken into account.

4.(1) The resources of a family taken into account for the purposes
of this Act shall be the aggregate of the normal gross income of
its members, excluding, except where regulations otherwise provide,
the income of any child.

(2) For the purposes of this Act a person's normal gross income
and the weekly amount thereof shall be calculated or estimated in
such manner as regulations may provide; and regulations may, in
particular, provide

(a)for making deductions in ascertaining the amount of any income;

(b)for disregarding the whole or part of the income from any source
specified in the regulations; and

(c)for treating capital resources, other than such as may be
specified in the regulations, and any income not consisting of
money, as equivalent to gross income of such amount as may be so
specified.

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 5
Claim to and payment of family income supplement.

5.(1) Any claim to a family income supplement shall be made to the
Ministry and any family income supplement shall be paid by the
Ministry.

(2) Where a family includes both a man and a woman the claim
shall, except where regulations otherwise provide, be made by them
jointly and any sums payable by way of the supplement shall be
receivable by either of them; in any other case the claim shall be
made and the sums shall be receivable by the man or woman included
in the family.

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 6
Determination of right to, and amount of, family income supplement.

6.(1) Any question as to the right to or the amount of family
income supplement shall be referred to and determined by [a
supplement officer], whose decision shall be final, subject to the
provisions of this Act as to appeals [, and regulations may provide
for different aspects of the same question to be dealt with by
different supplement officers.]

[(2) Unless regulations otherwise provide, any such question shall be
determined as at the date when the claim to the family income
supplement is made.

(3) Any family income supplement determined by [a supplement officer]
to be payable shall be payable for a period of fifty-two weeks, or
such other period as may be prescribed by regulations, beginning
with the said date or some other date so prescribed and, subject
to any provision of regulations, the rate at which it is payable
shall not be affected by any change of circumstances during that
period.]

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 7
Appeals.

7.(1) A person claiming or in receipt of a family income supplement
may appeal to the Appeal Tribunal against any determination of [a
supplement officer including a refusal] to review such a
determination (in a case where regulations provide for a review).

(2) On an appeal under this section the Appeal Tribunal may confirm
the determination appealed against ... or substitute therefor any
determination which [a supplement officer] could have made, and any
determination of the Tribunal shall [subject to Article 20A of the
Supplementary Benefits (Northern Ireland) Order 1977 (appeal from
Appeal Tribunals) be final.

Nothing in this subsection shall make a finding of fact or other
determination embodied in or necessary to a decision, or on which
it is based, conclusive for the purpose of a further decision.]

(3) The Appeal Tribunal for the purposes of this Act shall be such
of the Tribunals constituted in accordance with the provisions of
[Schedule 4 to the Supplementary Benefits (Northern Ireland) Order
1977] (constitution and proceedings of Appeal Tribunals) as under
that Schedule has jurisdiction in the case in question.

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 8
Prevention of double payments and recovery of overpayments.

8.(1) Notwithstanding any change of circumstances during a period for
which a family income supplement is payable for any family, no
person who was included in that family at the time the claim to
the supplement was made shall be treated during that period as
included in any other family, except where regulations otherwise
provide.

(2) Regulations may make provision for securing that no family
income supplement is paid for any family during any period during
which the requirements of any person included in the family are
taken into account for the purposes of any benefit under [the
Supplementary Benefits (Northern Ireland) Order 1977].

(3) Regulations may provide for the recovery of sums paid by way
of family income supplement where it is found that the sums were
not due and the persons by whom the sums were receivable cannot
satisfy [a supplement officer] or the Appeal Tribunal that they had
disclosed all material facts.

(4) Where any amount is recoverable under regulations made by virtue
of subsection (3) it may, without prejudice to any other method of
recovery, be recovered by deduction from any family income supplement
or from any [benefit under the Social Security (Northern Ireland)
Acts 1975] or [the Child Benefit (Northern Ireland) Order 1975].

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 9
Family income supplement to be inalienable.

9. Every assignment of, or charge on, a family income supplement,
and every agreement to assign or charge a family income supplement,
shall be void; and on the bankruptcy of a person entitled to a
family income supplement the supplement shall not pass to any
trustee or other person acting on behalf of his creditors.

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 10
Regulations.

10.(1) Any power conferred by this Act to make regulations shall be
exercisable by the Ministry.

(2) Regulations may make such provision, in addition to any
authorised by any other provision of this Act, as appears to the
Ministry to be necessary or expedient for carrying this Act into
effect, and, in particular, but without prejudice to the generality
of the power conferred by this section,

(a)for determining the circumstances in which a person is to be
treated as being, or as not being, engaged or normally engaged in
remunerative full-time work;

(b)for determining the circumstances in which a person is to be
treated as providing or as not providing, in whole or in part, for
the requirements of a child;

(c)for determining the circumstances in which a family is to be
treated as being, or as not being, in Northern Ireland;

(d)for treating, in such circumstances as may be prescribed by the
regulations, a person of or over the age of sixteen as being a
child (within the meaning of this Act);

(e)for the manner in which claims to family income supplement are
to be made and dealt with;

(f)for treating claims to family income supplement made in such
circumstances as may be prescribed by the regulations as having been
made at such date earlier than that at which they are made as may
be so prescribed and for requiring references in this Act to the
date of such a claim to be construed accordingly;

(g)for prescribing the evidence which is to be provided in support
of claims to family income supplement;

(h)for the review by [a supplement officer] of determinations under
this Act made by [a supplement officer] or the Appeal Tribunal [or
by a .... Commissioner or Tribunal of Commissioners by virtue of
rules under Article 20A of the Supplementary Benefits (Northern
Ireland) Order 1977];

(i)for suspending payment of family income supplement pending the
determination of questions;

(j)for extinguishing the right to the payment of any sum by way of
family income supplement if payment is not obtained within such
period, not being less than twelve months, as may be prescribed by
the regulations from the date on which the right is treated under
the regulations as having arisen.

[(2A) Regulations may also provide

(a)for specified questions to be referred to the Appeal Tribunal or
other bodies or persons exercising functions under the Social
Security (Northern Ireland) Act 1975, the Child Benefit (Northern
Ireland) Order 1975 or the Supplementary Benefits (Northern Ireland)
Order 1977 and for the application of provisions of this Act or
any of those statutory provisions, with or without modifications, to
the questions and to decisions given in consequence of references in
pursuance of the regulations;

(b)for such decisions, and any other specified decisions given in
pursuance of any of those statutory provisions, to be effective or
conclusive for specified purposes of this Act; and

(c)for dealing, by postponement or otherwise, with cases in which
questions are referred by virtue of paragraph (a);

(2B) Any power conferred by this Act to make regulations

(a)where the power is expressed to be exercisable for alternative
purposes, may be exercised in relation to the same case for all or
any of those purposes;

(b)is without prejudice to the power to make any other such
regulations;

(c)includes power to make thereby such incidental or supplementary
provision as appears to the Department to be expedient for the
purposes of the regulations.]

(3) Regulations, except regulations under section 2 or section 3,
shall be subject to negative resolution.

(4) Regulations made under section 2 or section 3 shall be laid
before Parliament after being made and shall take effect on such
date as may be specified in the regulations, but shall 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 been approved by a resolution of each House of
Parliament.

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 11
False statements.

11. If any person, for the purpose of obtaining any payment of
family income supplement, whether for himself or for some other
person, or for any other purpose connected with this Act,

(a)makes any statement or representation which he knows to be false;
or

(b)produces or furnishes, or causes or knowingly allows to be
produced or furnished any document or information which he knows to
be false in a material particular,

Legal proceedings.

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 12

12.(1) Any person authorised by the Ministry in that behalf may
conduct any proceedings under this Act before a magistrates' court
although not a barrister-at-law or solicitor.

(2) Notwithstanding anything in section 34(a) of the Magistrates'
Courts Act (Northern Ireland) 1964 (time limit for summary
proceedings), proceedings for an offence under this Act may be begun
at any time within the period of three months from the date on
which evidence, sufficient in the opinion of the Ministry to justify
a prosecution for the offence, comes to the Ministry's knowledge, or
within the period of twelve months from the commission of the
offence, whichever period last expires.

(3) For the purposes of subsection (2), a certificate purporting to
be signed by the Minister or a secretary or assistant secretary of
the Ministry as to the date on which such evidence as is mentioned
in that subsection came to the Ministry's knowledge shall be prima
facie evidence thereof.

(4) In any proceedings for an offence under this Act, the wife or
husband of the accused shall be competent to give evidence, whether
for or against the accused, but shall not be compellable either to
give evidence or, in giving evidence, to disclose any communication
made to her or to him by the accused during the marriage; and
accordingly section 4 of the Criminal Evidence Act (Northern Ireland)
1923 (which makes an accused's spouse a competent witness in
relation to offences under the enactments specified in Schedule 1 to
that Act) shall have effect as if this Act were included among the
enactments mentioned in that Schedule.

S.13 rep. by 1975 c.11 s.14(6) sch.6 Pt.II; 1975 NI16 art.23(2)
sch.5 Pt.II; 1977 NI27 art.42(3) sch.7. S.14 rep. by SLR 1976

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 15
Commencement of family income supplement.

15.(1) No family income supplement shall be paid for any period
preceding such day as the Minister may by order appoint.

Subs.(2) rep. by SLR 1976

FAMILY INCOME SUPPLEMENTS ACT (NORTHERN IRELAND) 1971 - SECT 16
Interpretation and short title.

16.(1) In this Act

"child", except where regulations otherwise provide, means a person
under the age of sixteen;

"family" has the meaning assigned to it by section 1(1);

["married couple" means a man and a woman who are married to each
other and are members of the same household;]

"the Minister" means the Minister of Health and Social Services;

"the Ministry" means the Ministry of Health and Social Services;

"regulations" means regulations under this Act;

["single woman" means any woman other than one who is a member of
the same household as a man to whom she is married or with whom
she is living as his wife;]

Definitions rep. by 1977 NI27 art.42(3) sch.7; 1980 NI8 art.16 sch.4
Pt.II

["supplement officer" means a person appointed in pursuance of
section 1(1A);]

["unmarried couple" means a man and a woman who are not married to
each other but are living together as husband and wife;]

(2) This Act may be cited as the Family Income Supplements Act
(Northern Ireland) 1971.