SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977

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SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 42



42.(1) Without prejudice to sections 28 and 29 of the Interpretation Act
(Northern Ireland) 1954 (effect of repeal or of substituting provisions) the
transitional provisions and savings in Schedule 5 shall have effect.

Para.(2), with Schedule 6, effects amendments; para.(3), with Schedule 7,
effects repeals

1.(1) The amount of any supplementary benefit to which a person is entitled
shall, subject to the following provisions of this Schedule, be the amount by
which his resources fall short of his requirements.

(2) For the purpose of ascertaining that amount

(a)a person's requirements shall be determined in accordance with paragraph 2;
and

(b)a person's resources shall be calculated in the prescribed manner;

(3) Regulations may provide that a person whose resources as ascertained in
pursuance of sub-paragraph (2)(b) or a prescribed part of them exceed or
exceeds a prescribed amount shall not be entitled to a supplementary pension
or allowance.

2.(1) For the purposes of this Schedule requirements shall be of three
categories, namely,

(a)normal requirements;

(b)additional requirements; and

(c)housing requirements;

(2) A person's requirements shall consist of normal requirements together with
requirements, if any, of such of the other categories as are applicable in his
case.

(3) In the case of a person specified in the first column of the following
Table his normal requirements shall be taken to be the weekly amount specified
in relation to him in the second column of that Table; and in that Table

"householder" means a person who is not one of a married or unmarried couple
but who satisfies prescribed conditions with respect to living accommodation;
and

"relevant person" means a person whose requirements include those of another
person by virtue of paragraph (3)(1).

1. A relevant person who

(a)is such a person as is mentioned in Article 3(1)(a); or

(b)is not such a person as is so mentioned but satisfies prescribed
conditions.

2. A relevant person not falling within paragraph 1 of this table.

3. A householder who

(a)has attained pensionable age; or

(b)has not attained pensionable age but satisfies prescribed conditions.

4. A householder not falling within paragraph 3 of this Table.

(4) Regulations may provide that the preceding sub-paragraph shall have effect
with prescribed modifications.

(5) Notwithstanding anything in the preceding provisions of this paragraph,
regulations may provide for a person to be treated as having no normal
requirements in prescribed cases.

3.(1) Where two persons are a married or unmarried couple, their requirements
and resources shall be aggregated and treated

(a)until the prescribed date, as those of the man; and

(b)on and after that date, as those of such one of them as satisfies
prescribed conditions or, where both of them satisfy or neither of them
satisfies those conditions, as those of such one of them as they may jointly
nominate in accordance with regulations or, in default of such a nomination,
as the Department may determine.

(2) Where a person is responsible for, and is a member of the same household
as, another person and they are not a married or unmarried couple, then

(a)if the other person is a child or is excluded from entitlement to
supplementary benefit by Article 9(2); or

(b)if the circumstances are such as are prescribed,

(3) Regulations may provide that, in a case falling within sub-paragraph (2),
sub-paragraph (1) shall apply in relation to the other person with prescribed
modifications.

4. Where the amount of any supplementary benefit would be less than a
prescribed amount, the benefit shall not be payable except in prescribed
circumstances.]

Schedules 2, 3 rep. by 1980 NI 8 art.16 sch.4 Pt.II

1. Every tribunal shall consist of

(a)a person drawn from those appointed by the Department to act as chairmen of
the tribunals;

(b)one member drawn from a panel of persons appearing to the Department to
have knowledge or experience of conditions in the area to which the panel
relates and of the problems of people living on low incomes; and

(c)one member drawn from a panel of persons appearing to the Department to
represent work-people.

2. Panels of the kinds mentioned in paragraph 1 shall be constituted by the
Department for the whole of Northern Ireland and each panel shall relate to
such area as the Department thinks fit, and be composed of such persons as it
sees fit to appoint.

3. Before appointing members to either of the panels, the Department may take
into consideration recommendations from such organisations or persons as it
considers appropriate.

4. A tribunal shall have jurisdiction in respect of the area to which the
panels from whose members it is constituted relate.

5. So far as is practicable

(a)each member of a panel shall be summoned in turn to serve on a tribunal;

(b)where several persons are selected to act as chairmen for a particular area
they shall be invited in turn to preside over a tribunal;

(c)at least one of the members of the tribunal shall be of the same sex as the
claimant.

6. The Department shall pay to the chairman of a tribunal such remuneration,
and to any member thereof such travelling and other allowances (including
compensation for the loss of remunerative time), as it may, with the consent
of the Department of the Civil Service, determine.

7.(1) The Department shall assign to serve the tribunals having jurisdiction
in respect of each area a clerk and such other officers and servants and shall
pay them such salaries or fees and such allowances as it may, with the consent
of the Department of the Civil Service, determine.

(2) Before assigning a clerk under this paragraph the Department shall, if one
or more Senior Chairmen have been appointed under paragraph 11, consult him or
such one of them as the Department considers appropriate.

(3) The Department shall consider any representations made to it by a Senior
Chairman as to the desirability of terminating the assignment of a clerk and
shall take such action, if any, as the Department considers appropriate.

8. A person appointed to act as a member of a panel or as a chairman shall
hold and vacate office in accordance with the terms of his appointment.

9.(1) The Department may make rules

(a)as to the procedure of tribunals and the procedure in connection with the
bringing of matters before a tribunal, and as to the time within which matters
may be brought before tribunals;

(b)as to the payment by the Department to persons attending proceedings before
tribunals of travelling and other allowances (including compensation for loss
of remunerative time);

(c)for authorising proceedings notwithstanding that the members of the
tribunal are not all present.

(2) The power to make rules as to procedure under this paragraph includes
power to make provision as to the representation of one person in any
proceedings by another person.

(3) In any case where proceedings take place in accordance with rules made
under sub-paragraph (1)(c) the tribunal shall, notwithstanding anything in
this Order, be deemed to be properly constituted, and the chairman shall have
a second or casting vote.

10. Notwithstanding the preceding provisions of this Schedule

(a)a tribunal shall have jurisdiction in respect of such area as the
Department may direct; and

(b)the chairman and other members may, if the Department so directs, be drawn
from among those selected or appointed in relation to different areas.

11.(1) The Lord Chancellor may appoint persons who are barristers or
solicitors of not less than 7 years' standing to act in relation to the
tribunals as Senior Chairmen.

(2) A person appointed under this paragraph to act as a Senior Chairman shall
have such functions in relation to the tribunals, including the function of
acting as chairman of a tribunal, as the Department may from time to time
assign to him.

(3) Paragraph 5(b) shall not apply in relation to a Senior Chairman acting as
chairman of a tribunal by virtue of sub-paragraph (2).

(4) A Senior Chairman shall hold and vacate office in accordance with the
terms of his appointment.

(5) The Department may pay, or make such payments towards the provision of,
such remuneration, pensions, allowances or gratuities to or in respect of
Senior Chairmen or any of them as, with the consent of the Department of the
Civil Service, it may determine.

(6) Senior Chairmen shall have such officers and staff as the Department may,
with the consent of the Department of the Civil Service as to the numbers and
as to remuneration and other terms and conditions of service, see fit to
appoint.]

1.(1) In so far as any order, rule, regulation, appointment, approval or other
thing made or done, or deemed to be made or done, under an enactment repealed
by this Order could have been made or done under a corresponding provision of
this Order, it shall not be invalidated by the repeal but shall have effect as
if made or done under that provision.

(2) Anything begun under an enactment repealed by this Order may be continued
under the corresponding provision of this Order as if begun under that
provision.

(3) References in this Order to things done, suffered or occurring in the past
shall, so far as the context requires for the continuity of operation between
enactments repealed by this Order and the corresponding provisions of this
Order, be construed as including references to things done, suffered or
occurring before the commencement of this Order.

(4) Where any instrument or document refers expressly or by implication to an
enactment repealed by this Order, the reference shall, except where the
context otherwise requires, be construed as, or as including, a reference to
the corresponding provision of this Order.

2.(1) Paragraph 1 applies in particular to any claim for, or award of,
supplementary benefit made before the commencement of this Order and to
anything done or occurring in, or for the purposes of, adjudication
proceedings before that time.

(2) Any question as to entitlement to, or the amount of, any supplementary
benefit, and any other question with respect to supplementary benefit, for any
period shall be determined in accordance with the provisions with respect to
those matters in force during that period.

Para.3 rep. by 1980 NI 8 art.16 sch.4 Pt.II

4. Any enactment or instrument that is to be construed in accordance with
section 1(3) of the Supplementary Benefits &c. Act (Northern Ireland) 1966,
shall continue to be so construed notwithstanding the repeal by this Order of
the said Act of 1966.

Para.5 rep. with saving by 1980 NI 8 arts.7, 16 schs.2, 4 Pt.II. Para.6 rep.
by 1980 NI 8 art.16 sch.4 Pt.II

7.(1) Any proceedings for the recovery of a sum which, if the Supplementary
Benefits &c. Act (Northern Ireland) 1966 had not been passed, could have been
taken by the National Assistance Board for Northern Ireland may be taken [by
the Department].

(2) Any payments ordered in proceedings continued or begun by virtue of
sub-paragraph (1) or of paragraph 8 of Schedule 6 to the Supplementary
Benefits &c. Act (Northern Ireland) 1966 which, if that Act had not been
passed, would have been ordered to be made to the National Assistance Board
for Northern Ireland shall be ordered to be made to the Department.

Sub-para.(3) rep. by 1980 NI 8 art.16 sch.4 Pt.II

Para.8 rep. by 1980 NI 8 art.16 sch.4 Pt.II

Schedule 6Amendments. Schedule 7Repeals
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Northern Irish Legislation

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 42
