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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Social Security (Northern Ireland) Order 1998 (N.I. 10) URL: http://www.bailii.org/nie/legis/num_orders/1998/19981506(c).html |
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Decisions by the Department 9. - (1) Subject to the provisions of this Chapter, it shall be for the Department -
(b) to decide any claim for a social fund payment mentioned in section 134(1)(b) of the Contributions and Benefits Act; (c) subject to paragraph (5), to make any decision that falls to be made under any relevant statutory provision; and (d) subject to and in accordance with regulations, to decide any issue arising as to, or in connection with, entitlement to statutory sick pay or statutory maternity pay.
(2) Where at any time a claim for a relevant benefit is decided by the Department -
(b) accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.
(3) In this Chapter "relevant benefit", subject to Article 21(4), means any of the following, namely -
(b) a jobseeker's allowance; (c) income support; (d) family credit; (e) disability working allowance; (f) a social fund payment mentioned in section 134(1)(a) or (2) of the Contributions and Benefits Act; (g) child benefit; (h) such other benefit as may be prescribed.
(4) In this Article "relevant statutory provision" means any statutory provision contained in this Chapter, the Contributions and Benefits Act, the Administration Act, the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 or the Jobseekers Order, other than one contained in -
(b) Part VIII of the Administration Act (arrangements for housing benefit).
(5) Paragraph (1)(c) does not include any decision relating to Class 4 contributions other than a decision falling to be made -
(b) under regulations made by virtue of subsection (3) or (4) of that section or section 18 of that Act.
Revision of decisions
(b) either on an application made for the purpose or on the Department's own initiative,
and regulations may prescribe the procedure by which a decision of the Department may be so revised.
(b) any decision under this Chapter of an appeal tribunal or a Commissioner,
may be superseded by a decision made by the Department, either on an application made for the purpose or on the Department's own initiative.
Appeal to appeal tribunal 13. - (1) This Article applies to any decision of the Department under Article 9 or 11 (whether as originally made or as revised under Article 10) which -
(b) is made otherwise than on such a claim or award, and falls within Schedule 3; or (c) relates to statutory sick pay or statutory maternity pay.
(2) In the case of a decision to which this Article applies -
(b) in any other case, the claimant and such other person as may be prescribed shall have a right to do so,
but nothing in this paragraph shall confer a right of appeal in relation to a prescribed decision, or a prescribed determination embodied in or necessary to a decision.
(b) the entitlement to benefit under that Part of that Act of any person other than the claimant is or may be, under Part VI of Schedule 7 to that Act, affected by that decision,
that other person shall have the same right of appeal to an appeal tribunal as the claimant.
(b) shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.
(9) The reference in paragraph (1) to a decision under Article 11 is a reference to a decision superseding any such decision as is mentioned in sub-paragraph (a) or (b) of paragraph (1) of that Article.
(b) in any other case -
(ii) where applicable, the person mentioned in paragraph (3)(d) and such a person as is first mentioned in paragraph (4) of that Article.
Appeal from tribunal to Commissioner
(b) the employee concerned; (c) the employer concerned; (d) a trade union, where -
(ii) the matter in question concerns the entitlement of a deceased person who was at the time of his death a member of the union; and
(e) an association of employers of which the employer is a member at the time of the appeal and was so immediately before the matter in question arose.
(3) In any other case an appeal lies under this Article at the instance of any of the following -
(b) the claimant and such other person as may be prescribed; (c) in any of the cases mentioned in paragraph (5), a trade union; and (d) a person from whom it is determined that any amount is recoverable under section 69 or 72 of the Administration Act.
(4) In a case relating to industrial injuries benefit an appeal lies under this Article at the instance of a person whose entitlement to benefit is, or may be, under Part VI of Schedule 7 to the Contributions and Benefits Act, affected by the decision appealed against, as well as at the instance of any person or body such as is mentioned in paragraph (3).
(b) where that matter in any way relates to a deceased person who was a member of the union at the time of his death; (c) where the case relates to industrial injuries benefit and the claimant or, in relation to industrial death benefit, the deceased, was a member of the union at the time of the relevant accident.
(6) Paragraphs (2), (3) and (5), as they apply to a trade union, apply also to any other association which exists to promote the interests and welfare of its members.
(ii) if he considers it expedient, to make such findings and to give such decision as he considers appropriate in the light of them; and
(b) in any other case he shall refer the case to a tribunal with directions for its determination.
(9) Subject to any direction of the Commissioner, a reference under paragraph (7) or (8)(b) shall be to a differently constituted tribunal.
(b) subject to and in accordance with regulations, of a Commissioner.
(11) Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought and applications made for leave to appeal.
(b) for the procedure to befollowed by such officers in making such determinations; (c) for the manner in which such determinations by such officers may be called in question.
Procedure
(b) that the power to provide for the procedure to be followed in connection with the making of decisions by the Department includes power to make provision with respect to the formulation of the matters to be decided, whether on a reference under section 111 of the Administration Act or otherwise.
(4) Paragraph (5) applies to any issue -
(b) relating to emoluments in respect of which a Class 1A contribution would be payable but for section 10(8A) of the Contributions and Benefits Act,
and in that paragraph, in relation to such an issue, "the relevant person" means the person who is liable or alleged to be liable, or (as the case may be) who would be liable or who it is alleged would be liable, to pay the Class 1A contribution in question.
(7) If it appears to the Chief Commissioner (or, in the case of his inability to act, to such other of the Commissioners as he may have nominated to act for the purpose) that -
(b) an appeal,
falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the application or appeal be dealt with, not by that Commissioner alone, but by a tribunal consisting of any two or more of the Commissioners.
(8) Where a direction is given under paragraph (7)(a), Article 15(10)(b) shall have effect as if the reference to a Commissioner were a reference to such a tribunal as is mentioned in paragraph (7).
(b) decisions made under the Child Support Order; and (c) decisions made under the Vaccine Damage Payments Act.
Matters arising as respects decisions
(ii) any person's entitlement to such a benefit or its receipt; (iii) statutory sick pay or statutory maternity pay; or (iv) any person's liability for contributions; or
(b) out of the revision under Article 10 or on appeal of any such decision.
(2) Regulations under paragraph (1) as it applies to child benefit may include provision as to the date from which child benefit is to be payable to a person in respect of a child in a case where, before the benefit was awarded to that person, child benefit in respect of the child was awarded to another person. Medical examination required by the Department 19. - (1) Before making a decision on a claim for a relevant benefit, or as to a person's entitlement to such a benefit or to statutory sick pay or statutory maternity pay, the Department may refer the person -
(b) whose entitlement is at issue,
to a medical practitioner for such examination and report as appears to the Department to be necessary for the purpose of providing it with information for use in making the decision.
(b) the medical practitioner requests the person referred to him to attend for or submit himself to medical examination.
(3) If the person fails without good cause to comply with the request, the Department shall make the decision against him.
(b) whose entitlement is at issue,
to a medical practitioner for such examination and report as appears to the eligible person to be necessary for the purpose of providing an appeal tribunal with information for use in determining the appeal.
(3) At a hearing before an appeal tribunal, except in prescribed cases or circumstances, the tribunal -
(b) may not require that person to undergo any physical test for the purpose of determining whether he satisfies the condition mentioned in section 73(1)(a) of the Contributions and Benefits Act.
Suspension in prescribed circumstances
(b) the subsequent making in prescribed circumstances of any or all of the payments so suspended.
(2) Regulations made under paragraph (1) may, in particular, make provision for any case where -
(b) it appears to the Department that an issue arises whether a decision as to an award of a relevant benefit should be revised (under Article 10) or superseded (under Article 11); (c) an appeal is pending against a decision of an appeal tribunal, a Commissioner or a court; or (d) an appeal is pending against the decision given in a different case by a Commissioner or a court, and it appears to the Department that if the appeal were to be determined in a particular way an issue would arise whether the award of a relevant benefit (whether the same benefit or not) in the case itself ought to be revised or superseded.
(3) For the purposes of paragraph (2), an appeal against a decision is pending if -
(b) an application for leave to appeal against the decision has been made but not determined; or (c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.
(4) Any reference in this Article or Article 24 or 25 to a relevant benefit includes a reference to statutory sick pay and statutory maternity pay.
(b) the subsequent making in prescribed circumstances of any or all of the payments so suspended.
(3) In this Article and Article 23 "information requirement" means a requirement, made in pursuance of regulations under subsection (1)(hh) of section 5 of the Administration Act, to furnish information or evidence needed for a determination whether a decision on an award of benefit to which that section applies should be revised under Article 10 or superseded under Article 11.
(b) whose benefit has been suspended in accordance with regulations under Article 22 for failing to comply with such a requirement,
shall cease to be entitled to the benefit from a date not earlier than the date on which payments were suspended.
(b) for suspending payments of benefit, in whole or in part, in a case of a person who fails to submit himself to a medical examination to which he is required to submit in accordance with regulations under paragraph (a); (c) for the subsequent making in prescribed circumstances of any or all of the payments so suspended; (d) for entitlement to the benefit to cease, except in prescribed cases or circumstances, from a date not earlier than the date on which payments were suspended.
Decisions involving issues that arise on appeal in other cases
(b) an appeal is pending against the decision given in another case by a Commissioner or a court (whether or not the two cases concern the same benefit).
(2) In a case relating to a relevant benefit, the Department need not make the decision while the appeal is pending if it considers it possible that the result of the appeal will be such that, if it were already determined, there would be no entitlement to benefit.
(b) the Department may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.
(4) Where the Department acts in accordance with paragraph (3)(b), following the determination of the appeal it shall, if appropriate, revise its decision (under Article 10) in accordance with that determination.
(b) an application for leave to appeal against the decision has been made but not determined; or (c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.
(6) In sub-paragraphs (a), (b) and (c) of paragraph (5), any reference to an appeal, or to an application for leave to appeal, against a decision includes a reference to an application for, or for leave to apply for, judicial review of the decision under section 18 of the Judicature (Northern Ireland) Act 1978.
(b) an appeal ("appeal B") is pending against a decision given in a different case by a Commissioner or a court (whether or not the two appeals concern the same benefit).
(2) If the Department considers it possible that the result of appeal B will be such that, if it were already determined, it would affect the determination of appeal A, the Department may serve notice requiring the tribunal or Commissioner -
(b) to deal with the appeal in accordance with paragraph (4).
(3) Where appeal A is referred to the Department under paragraph (2)(a), following the determination of appeal B and in accordance with that determination, the Department shall if appropriate -
(b) in a case where appeal A has been determined by the tribunal, make a decision (under Article 11) superseding the tribunal's decision.
(4) Where appeal A is to be dealt with in accordance with this paragraph, the appeal tribunal or Commissioner shall either -
(b) if the tribunal or Commissioner considers it to be in the interests of the appellant to do so, determine appeal A as if -
(ii) the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant.
(5) Where the appeal tribunal or Commissioner acts in accordance with paragraph (4)(b), following the determination of appeal B the Department shall, if appropriate, make a decision (under Article 11) superseding the decision of the tribunal or Commissioner in accordance with that determination.
(b) an application for leave to appeal against the decision has been made but not determined; or (c) in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.
(7) In this Article -
(b) any reference in sub-paragraph (a), (b) or (c) of paragraph (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to an application for, or for leave to apply for, judicial review of the decision under section 18 of the Judicature (Northern Ireland) Act 1978.
(8) Regulations may make provision supplementing that made by this Article. Restrictions on entitlement to benefit in certain cases of error 27. - (1) Subject to paragraph (2), this Article applies where -
(b) after the date of the relevant determination a decision falls to be made by the Department in accordance with that determination (or would, apart from this Article, fall to be so made) -
(ii) as to whether to revise, under Article 10, a decision as to a person's entitlement to benefit; or (iii) on an application made under Article 11 for a decision as to a person's entitlement to benefit to be superseded.
(2) This Article does not apply where the decision of the Department mentioned in paragraph (1)(b) -
(b) is one made in pursuance of Article 26(3) or (5).
(3) In so far as the decision relates to a person's entitlement to a benefit in respect of -
(b) in the case of a widow's payment, a death occurring before that date,
it shall be made as if the adjudicating authority's decision had been found by the Commissioner or court not to have been erroneous in point of law.
(b) the error of law made by the adjudicating authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.
(6) It is immaterial for the purposes of paragraph (1) -
(b) where such a decision as is mentioned in sub-paragraph (b)(ii) or (iii) falls to be made on an application under Article 10 or (as the case may be) Article 11, whether the application was made before or after that date.
(7) In this Article -
(b) any former officer, tribunal or body; or (c) any officer, tribunal or body in Great Britain corresponding to a former officer, tribunal or body;
(b) benefit under Part II of the Social Security (Northern Ireland) Act 1975 (in respect of a period before 1st July 1992 but not before 6th April 1975); (c) benefit under the National Insurance Act (Northern Ireland) 1946 or 1966, or the National Insurance (Industrial Injuries) Act (Northern Ireland) 1946 or 1966 (in respect of a period before 6th April 1975); (d) a jobseeker's allowance; (e) any benefit corresponding to a benefit mentioned in paragraphs (a) to (d); and (f) any income-related benefit;
(b) an adjudicating medical practitioner appointed under section 47 of that Act or a specially qualified adjudicating medical practitioner appointed in accordance with regulations under section 60(2) of that Act; or (c) the National Assistance Board for Northern Ireland, the Supplementary Benefits Commission for Northern Ireland, the Attendance Allowance Board for Northern Ireland, a benefit officer, an insurance officer or a supplement officer.
(8) For the purposes of this Article, any reference to entitlement to benefit includes a reference to entitlement -
(b) to a benefit, or increase of benefit, at a particular rate.
(9) The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this Article in accordance with any regulations made for that purpose.
(b) for a determination of a lower court or a Commissioner to be treated as if it had been made on the date of a determination of a higher court.
Correction of errors and setting aside of decisions
(b) the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that -
(ii) a party to the proceedings or a party's representative was not present at a hearing related to the proceedings.
(2) Nothing in paragraph (1) shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that paragraph.
(b) the Contributions and Benefits Act; (c) the Pension Schemes (Northern Ireland) Act 1993; (d) the Jobseekers Order; or (e) the Recovery of Benefits Order.
Decision that accident is an industrial accident
(b) subject to paragraph (3), a claimant shall be entitled to have the issue whether the relevant accident was an industrial accident decided notwithstanding that his claim is disallowed on other grounds.
(2) Subject to paragraph (3) and Article 30, any person suffering personal injury by accident shall be entitled, if he claims the accident was an industrial accident -
(b) to have a declaration made and recorded accordingly,
notwithstanding that no claim for benefit has been made in connection with which the issue arises; and this Chapter shall apply for that purpose as if the issue had arisen in connection with a claim for benefit.
(b) for the purposes of section 60(2) of the Contributions and Benefits Act,
it shall have effect as if at the end there were added the words "whether or not the claimant is the person at whose instance the declaration was made".
(b) that employment is employed earner's employment for the purposes of Part V of the Contributions and Benefits Act; and (c) payment of benefit is not under section 94(5) of that Act precluded because the accident happened while he was outside Northern Ireland.
(7) A decision under this Article shall be final except that Articles 10 and 11 apply to a decision under this Article that an accident was or was not an industrial accident as they apply to a decision under Article 9 if, but only if, the Department is satisfied that the decision under this Article was given in consequence of any wilful non-disclosure or misrepresentation of a material fact. Incapacity for work 31. - (1) Regulations may provide that a determination that a person is disqualified for any period in accordance with regulations under section 167E of the Contributions and Benefits Act shall have effect for such purposes as may be prescribed as a determination that he is to be treated as capable of work for that period, and vice versa. (2) Provision may be made by regulations for matters of such descriptions as may be prescribed to be determined by the Department, notwithstanding that other matters fall to be determined by another authority. (3) Nothing in this Article shall be taken to prejudice the generality of the power conferred by Article 17(2). Industrial diseases 32. Regulations shall provide for applying the provisions of this Chapter, subject to any prescribed additions or modifications, in relation to decisions made or falling to be made under sections 108 to 110 of the Contributions and Benefits Act. Christmas bonus 33. - (1) A decision by the Department that a person is entitled or not entitled to payment of a qualifying benefit in respect of a period which includes a day in the relevant week shall be conclusive for the purposes of section 144 of the Contributions and Benefits Act. (2) In this Article, expressions to which a meaning is assigned by section 146 of that Act have that meaning. Determination of claims and reviews 34. - (1) Regulations shall require a person who has claimed housing benefit to be notified of the determination of the claim. (2) Any such notification shall be given in such form as may be prescribed. (3) Where claims for housing benefit are made by, or in respect of, persons who have been entitled to a jobseeker's allowance or to income support, regulations may require priority to be given, in prescribed circumstances, to those claims over other claims for housing benefit. (4) Regulations shall make provision for reviews of determinations relating to housing benefit. (5) Regulations may make provision as respects matters arising out of the revision on review of such determinations. Suspension of benefit in prescribed circumstances 35. - (1) Regulations may provide for -
(b) the subsequent making, or restoring, in prescribed circumstances of any or all of the payments so suspended.
(2) Regulations made under paragraph (1) may, in particular, make provision for any case where, in relation to a claim for housing benefit -
(b) it appears to the Housing Executive or the Department of the Environment that an issue arises whether the determination of the claim should be reviewed in accordance with regulations made under Article 34(4); (c) an appeal is pending to a court in relation to the determination of the claim; or (d) an appeal is pending to a court in relation to the determination (whether made by the Housing Executive or by the Department of the Environment) of a different claim for housing benefit, and it appears to the Executive or that Department that if the appeal were to be determined in a particular way an issue would arise whether the determination of the claim ought to be reviewed.
(3) For the purposes of paragraph (2), an appeal is pending to a court in relation to a determination if -
(b) such leave has been granted but the application for judicial review has not been determined; (c) an appeal has been brought (or an application has been made for leave to appeal) against an order made on a judicial review of the determination, and the appeal (or application) has not been determined; or (d) in such circumstances as may be prescribed, the time for making an application or appeal such as is mentioned in sub-paragraph (a) or (c) has not yet expired.
Appropriate officers
(b) may appoint such officers and staff for himself and for social fund inspectors,
as he thinks fit, but with the consent of the Department as to numbers.
(b) to arrange such training of social fund inspectors as he considers appropriate; and (c) to carry out such other functions in connection with the work of social fund inspectors as the Department may direct.
(6) The social fund Commissioner shall report annually in writing to the Department on the standards of reviews by social fund inspectors and the Department shall publish his report.
(b) may review such a determination on the ground that the person who applied for the payment to which the determination relates misrepresented, or failed to disclose, any material fact; and (c) may review such a determination in such other circumstances as he thinks fit.
(2) The power to review a social fund determination conferred by paragraph (1) includes power to review a determination made on a previous review.
(b) power to make any determination which an appropriate officer could have made; (c) power to refer the matter to such an officer for determination.
(5) A social fund inspector may review a determination under paragraph (3) made by himself or some other social fund inspector.
(b) in the case of a determination on a review under paragraph (1)(b), any issue that is not raised by the material fact; (c) in the case of a determination on a review under paragraph (1)(c), any issue that did not cause him to carry out the review.
(7) In making a determination on a review under paragraph (1)(a) or (c) an appropriate officer or a social fund inspector shall -
(ii) the criteria mentioned in paragraphs (a) and (b) of subsection (1A) of that section; and (iii) the criterion specified in directions issued by the Department under that subsection and the criteria mentioned in paragraph (b) of that subsection;
(b) act in accordance with any general directions issued by the Department under subsection (2) of that section, and any general directions issued by it with regard to reviews; and
(8) In making a determination on a review under paragraph (1)(b) an appropriate officer or a social fund inspector shall -
(b) take account of any general guidance issued by the Department.
(9) Any reference in paragraph (6), (7) or (8) to a determination on a review under a particular provision of paragraph (1) shall be construed, in relation to a social fund inspector, as a reference to a determination on a further review of a determination which has been reviewed under that provision.
(b) the manner in which a review is to be conducted.
(11) In making a determination on a review under paragraph (1)(a) or (c) an appropriate officer shall take account (subject to any directions or guidance issued by the Department under this Article) of any guidance issued by the appropriate officer nominated for his area under Article 36(2). Interpretation, etc. of Chapter II 39. - (1) In this Chapter -
(2) Expressions used in this Chapter to which a meaning is assigned by section 167(1) of the Administration Act have that meaning in this Chapter. |
| © Crown copyright | Prepared
22 July 1998
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