[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

SUPPLEMENTARY BENEFITS (NORTHERN IRELAND) ORDER 1977 - SECT 16

16.[(1) Where a prescribed payment which apart from this paragraph falls to be
made from public funds in the United Kingdom or under the law of any other
member State is not made on or before the date which is the prescribed date in
relation to the payment, then

(a)in the case of a payment from such public funds, the authority responsible
for making it may abate it by the relevant amount; and

(b)in the case of any other payment, the Department shall be entitled to
receive the relevant amount out of the payment;

(1A) Where

(a)a payment by way of prescribed income is made after the date which is the
prescribed date in relation to the payment; and

(b)a benefit officer determines that an amount which has been paid by way of
supplementary benefit would not have been paid if the said payment had been
made on the date aforesaid,

(2) Where for any period

(a)a person (in this paragraph referred to as A) is entitled to [any
prescribed benefit] in respect of another person (in this paragraph referred
to as B); and

(b)B's requirements have been taken into account in determining the amount of
any supplementary benefit payable for that period to B or some other person
(other than A); and

(c)the amount of the supplementary benefit so payable has been determined on
the basis that A has not made payments for the maintenance of B at a rate
equal to or exceeding the amount of [the prescribed] benefit;

[(3) Where, in determining the amount of any supplementary benefit, the
requirements of any person have been taken into account for the whole or part
of a period in respect of which there might be afforded or granted to him

(a)a rent allowance under Article 59 of the Rent (Northern Ireland) Order
1978;

(b)a rent rebate under Article 6 of the Housing Finance (Northern Ireland)
Order 1977;

(c)a rent rebate under Article 9 of the Housing (Northern Ireland) Order 1976;

(4) Where a benefit officer makes

(a)a determination in pursuance of the preceding provisions of this Article or
in pursuance of Article 28(3) of the Rates (Northern Ireland) Order 1977 in
respect of an amount of supplementary benefit; or

(b)a determination altering on review or refusing to review a determination in
respect of such an amount which has been made for the purposes of this Article
or the said Article 28(3) by a benefit officer or on appeal,

(5) In paragraph (4) "the relevant person" means the person who is entitled,
apart from paragraph (1), (2) or (3), or Article 28(3) of the Rates (Northern
Ireland) Order 1977, to the prescribed payment or the prescribed benefit or
the allowance or rebate in question or, as the case may be, to whom the amount
mentioned in paragraph (1A) was paid.]

© 1977 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/sbio1977459/s1977.html