Legalize / United Kingdom / Northern Ireland / Act of the Northern Ireland Assembly

Child Support, Pensions and Social Security Act (Northern Ireland) 2000

Type Act of the Northern Ireland Assembly

Publication 2000-11-20

Last updated 2016-04-06

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

articles 3

Reform history JSON API

(3A) The regulations may provide for the information that must be given to be determined, in whole or part, by reference to guidance which— (a) is prepared and from time to time revised by a prescribed body; and (b) is for the time being approved by the Department. (3B) The regulations may, in relation to cases where a scheme is being wound up, contain— (a) provision conferring power on the Regulatory Authority, at times before the period expires, to extend any period specified in the regulations as the period within which a requirement imposed by the regulations must be complied with; and (b) provision as to the contents of any application for the exercise of such a power and as to the form and manner in which, and the time within which, any such application must be made.

Jurisdiction of the Pensions Ombudsman

49

(1) Section 142 of the Pension Schemes Act (functions of the Pensions Ombudsman) shall be amended as follows.

(2) In subsection (1), after paragraph (b) there shall be inserted—

(ba) a complaint made to him by or on behalf of an independent trustee of a trust scheme who, in connection with any act or omission which is an act or omission either— (i) of trustees of the scheme who are not independent trustees, or (ii) of former trustees of the scheme who were not independent trustees, alleges maladministration of the scheme,

(3) In that subsection, for the words after sub-paragraph (ii) of paragraph (d) there shall be substituted—

and in a case falling within sub-paragraph (ii) references in this Part to the scheme to which the reference relates are references to each of the schemes, (e) any dispute not falling within paragraph (f) between different trustees of the same occupational pension scheme, (f) any dispute, in relation to a time while Article 22 of the Pensions (Northern Ireland) Order 1995 (schemes subject to insolvency procedures) applies in relation to an occupational pension scheme, between an independent trustee of the scheme and either— (i) trustees of the scheme who are not independent trustees, or (ii) former trustees of the scheme who were not independent trustees, and (g) any question relating, in the case of an occupational pension scheme with a sole trustee, to the carrying out of the functions of that trustee.

(4) After that subsection there shall be inserted—

(1A) The Pensions Ombudsman shall not investigate or determine any dispute or question falling within subsection (1)(c) to (g) unless it is referred to him— (a) in the case of a dispute falling within subsection (1)(c), by or on behalf of the actual or potential beneficiary who is a party to the dispute, (b) in the case of a dispute falling within subsection (1)(d), by or on behalf of any of the parties to the dispute, (c) in the case of a dispute falling within subsection (1)(e), by or on behalf of at least half the trustees of the scheme, (d) in the case of a dispute falling within subsection (1)(f), by or on behalf of the independent trustee who is a party to the dispute, (e) in the case of a question falling within subsection (1)(g), by or on behalf of the sole trustee. (1B) For the purposes of this Part any reference to or determination by the Pensions Ombudsman of a question falling within subsection (1)(g) shall be taken to be the reference or determination of a dispute.

(5) In subsection (3), after occupational pension scheme there shall be inserted “or a personal pension scheme”.

(6) In subsection (6) for paragraph (a) there shall be substituted—

(a) if, before the making of the complaint or the reference of the dispute— (i) proceedings in respect of the matters which would be the subject of the investigation have been begun in any court or industrial tribunal, and (ii) those proceedings are proceedings which have not been discontinued or which have been discontinued on the basis of a settlement or compromise binding all the persons by or on whose behalf the complaint or reference is made;

(7) In subsection (7)—

(a) after paragraph (b) there shall be inserted—

(ba) a person who is entitled to a pension credit as against the trustees or managers of the scheme;

; and

(b) in paragraph (c)(i), for paragraph (a) or (b) there shall be substituted “paragraph (a), (b) or (ba)”.

(8) In subsection (8) after the definition of employer there shall be inserted—

independent trustee, in relation to a scheme, means— (a) a trustee of the scheme appointed under Article 23(1)(b) of the Pensions (Northern Ireland) Order 1995 (appointment of independent trustee by insolvency practitioner or official receiver), (b) a person appointed under Article 7(1) of that Order to replace a trustee falling within paragraph (a) or this paragraph;

(9) In subsection (1)—

(a) for complaints and disputes there shall be substituted “matters”;

(b) in paragraph (b), for the words from is to to the end of the paragraph there shall be substituted “are references to the other scheme referred to in that sub-paragraph”; and

(10) Subsection (6) shall not have effect in relation to proceedings begun before the day appointed under section 68 for the coming into operation of this section.

Investigations by the Pensions Ombudsman

50

(1) The Pension Schemes Act shall be amended as follows.

(2) In section 144 (staying court proceedings where a complaint is made or a dispute is referred), in subsection (4), after paragraph (b) there shall be inserted—

(ba) any actual or potential beneficiary of the scheme whose interests are or may be affected by the matters to which the complaint or dispute relates; (bb) any actual or potential beneficiary of the scheme whose interests it is reasonable to suppose might be affected by— (i) the Pensions Ombudsman’s determination of the complaint or dispute; or (ii) directions that may be given by the Ombudsman in consequence of that determination;

(3) For subsection (1) of section 145 (procedure on an investigation) there shall be substituted—

(1) Where the Pensions Ombudsman proposes to conduct an investigation into a complaint made or dispute referred under this Part, he shall— (a) give every person against whom allegations are made in the complaint or reference an opportunity to comment on those allegations, (b) give every person responsible for the management of the scheme to which the complaint or reference relates an opportunity to make representations to him about the matters to which the complaint or dispute relates, and (c) give every actual or potential beneficiary of that scheme whose interests are or may be affected by the matters to which the complaint or dispute relates, an opportunity to make representations about those matters. (1A) Subject to subsection (1B), subsection (1) shall not require an opportunity to make comments or representations to be given to any person if the Pensions Ombudsman is satisfied that that person is— (a) a person who, as the person or one of the persons making the complaint or reference, has had his opportunity to make comments or representations about the matters in question; or (b) a person whose interests in relation to the matters to which the complaint or dispute relates are being represented, in accordance with rules under this section, by a person who has been given an appropriate opportunity to make comments or representations. (1B) The Pensions Ombudsman shall, under subsection (1), give an opportunity to make comments and representations to a person falling within subsection (1A)(a) in any case in which that person is a person who, in accordance with rules, is appointed or otherwise determined, after the making of the complaint or reference, to represent the interests of other persons in relation to the matters to which the complaint or dispute relates.

(4) In subsection (3) of section 145, for “and” at the end of paragraph (b) there shall be substituted—

(ba) for the interests of all of a number of persons who— (i) are actual or potential beneficiaries of the scheme to which the complaint or reference relates; and (ii) appear to have the same interest in relation to any of the matters to which the complaint or dispute relates, to be represented for the purposes of the investigation by such one or more of them, or such other person, as may be appointed by the Ombudsman or otherwise determined in accordance with the rules,

(5) In that subsection, after paragraph (c), there shall be added

and (d) for the payment of legal expenses incurred by a party to an investigation (as defined in section 144(4)) out of funds held for the purposes of the scheme to which the complaint or reference relates.

(6) After subsection (7) of section 145 there shall be added—

(8) References in this section to the matters to which a complaint or dispute relates include references to any matter which it is reasonable to suppose might form the subject of— (a) the Pensions Ombudsman’s determination of the complaint or dispute, or (b) any directions that may be given by the Ombudsman in consequence of that determination.

(7) In subsection (1) of section 147 (determinations of the Pensions Ombudsman), after paragraph (b) there shall be added

and (c) to every other person who was required under section 145 to be given an opportunity— (i) to comment on an allegation in the complaint or reference; or (ii) to make representations about matters to which the complaint or reference relates,

(8) In subsection (3) of section 147, for “and” at the end of paragraph (b) there shall be substituted—

(ba) any person who under section 145 was given such an opportunity to make any such comment or representation as is mentioned in subsection (1)(c) of this section; (bb) any person whose interests were represented by a person falling within any of the preceding paragraphs; and

;

and, in paragraph (c) of that subsection for “paragraph (a) or (b)” there shall be substituted “any of paragraphs (a) to (bb)”.

(9) Nothing in any provision made by this section shall—

(a) apply in relation to any complaint or reference made to the Pensions Ombudsman before the day on which this section comes into operation; or

(b) authorise the making of any provision applying in relation to any such complaint or reference.

Prohibition on different rules for overseas residents, etc

51

After Article 66 of the Pensions Order there shall be inserted—

(66A) (1) This Article applies where an occupational pension scheme contains provisions contravening paragraph (2) or (3). (2) Except so far as regulations otherwise provide, provisions of an occupational pension scheme contravene this paragraph to the extent that they would (apart from this Article) have an effect with respect to— (a) the entitlement of any person to benefits under the scheme, or (b) the payment to any person of benefits under the scheme, which would be different according to whether or not a place outside the United Kingdom is specified by that person as the place to which he requires payments of benefits under the scheme to be made to him. (3) Except so far as regulations otherwise provide, provisions of an occupational pension scheme contravene this paragraph to the extent that they would (apart from this Article) have an effect with respect to— (a) the entitlement of any person to remain a member of the scheme, (b) the eligibility of any person to remain a person by or in respect of whom contributions are made towards or under the scheme, or (c) the making by or in respect of any person who is a member of the scheme of any contributions towards or under the scheme, which would be different according to whether that person works wholly in the United Kingdom or wholly or partly outside the United Kingdom. (4) Provisions contravening paragraph (2) shall have effect, in relation to all times after the coming into operation of section 51 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, as if they made the same provision in relation to a person who requires payments of benefits to be made to a place outside the United Kingdom as they make in relation to a person in whose case all payments of benefits fall to be made to a place in the United Kingdom. (5) Provisions contravening paragraph (3) shall have effect, in relation to all times after the coming into operation of section 51 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, as if they made the same provision in relation to persons working wholly or partly outside the United Kingdom as they make in relation to persons working wholly in the United Kingdom. (6) This Article— (a) shall be without prejudice to any statutory provision under which any amount is to be or may be deducted, or treated as deducted, from amounts payable by way of benefits under the scheme or treated as so payable; and (b) shall not apply in relation to so much of any provision of a scheme as is required for securing compliance with the conditions of any approval, exemption or relief given or available under the Tax Acts.

Miscellaneous amendments and alternative to anti-franking rules

52

Schedule 5 (which contains miscellaneous amendments of the Pension Schemes Act and the Pensions Order and makes provision for an alternative to the anti-franking rules in Part III of that Act) shall have effect.

Loss of benefit

Loss of benefit for breach of community order

53

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Loss of joint-claim jobseeker’s allowance

54

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Information provision

55

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Loss of benefit regulations

56

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Appeals relating to loss of benefit

57

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Investigation powers

58

Schedule 6 (which amends the enforcement provisions contained in Part VI of the Administration Act) shall have effect.

Housing benefit

Housing benefit: revisions and appeals

59

Schedule 7 (which makes provision for the revision of decisions made in connection with claims for housing benefit and for appeals against such decisions) shall have effect.

Discretionary financial assistance with housing

60

(1) The Department may by regulations make provision conferring a power on relevant authorities to make payments by way of financial assistance ( discretionary housing payments) to persons who—

(a) are entitled to housing benefit; and

(b) appear to such an authority to require some further financial assistance (in addition to the benefit to which they are entitled) in order to meet housing costs.

(2) Regulations under this section may include provision—

(a) prescribing the circumstances in which discretionary housing payments may be made under the regulations;

(b) conferring (subject to any provision made by virtue of paragraph (c) or (d)) a discretion on a relevant authority—

(i) as to whether or not to make discretionary housing payments in a particular case; and

(ii) as to the amount of the payments and the period for or in respect of which they are made;

(d) restricting the period for or in respect of which discretionary housing payments may be made;

(e) about the form and manner in which claims for discretionary housing payments are to be made and about the procedure to be followed by relevant authorities in dealing with and disposing of such claims;

(f) imposing conditions on persons claiming or receiving discretionary housing payments requiring them to provide a relevant authority with such information as may be prescribed;

(g) entitling a relevant authority that is making or has made a discretionary housing payment, in such circumstances as may be prescribed, to cancel the making of further such payments or to recover a payment already made; or

(h) requiring or authorising a relevant authority to review decisions made by the authority with respect to the making, cancellation or recovery of discretionary housing payments.

(3) Regulations under this section shall be subject to negative resolution.

(4) Article 74(3) to (6) of the 1998 Order (regulations and orders) shall apply to any power to make regulations under this section as it applies to any power to make regulations under that Order.

(5) Any power to make regulations under this section shall include power to make different provision for different areas or different relevant authorities.

(6) In this section—

prescribed means prescribed by or determined in accordance with regulations made by the Department;

relevant authority means the Housing Executive or the Department of Finance and Personnel, as the case may be.

Grants towards cost of discretionary housing payments

61

(1) The Department may make to the Housing Executive payments in respect of—

(a) the cost to the Housing Executive of the making of discretionary housing payments; and

(b) the expenses involved in the administration by the Housing Executive of any scheme for the making of discretionary housing payments.

(2) Section 127(2) and (3) of the Administration Act shall apply in relation to payments under this section as it applies in relation to grants under that section.

(3) In this section discretionary housing payment means any payment made by virtue of regulations under section 60.

Recovery of housing benefit

62

For subsection (3) of section 73 of the Administration Act (overpayments of housing benefit) there shall be substituted—

(3) An amount recoverable under this section shall be recoverable— (a) except in such circumstances as may be prescribed, from the person to whom it was paid; and (b) where regulations so provide, from such other person (as well as, or instead of, the person to whom it was paid) as may be prescribed.

Child benefit

Child benefit disregards

63

In section 139(3)(c) of the Contributions and Benefits Act (meaning of person responsible for child) for Article 7 there shall be substituted “Article 15 or 36”.

64

In section 149(5) of the Administration Act (functions of Social Security Advisory Committee in relation to legislation and regulations), in the definition of the relevant enactments, after paragraph (ae) there shall be inserted—

(af) sections 38, 53 to 56 and 59 to 61 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and Schedule 7 to that Act; and

PART IV — MISCELLANEOUS AND SUPPLEMENTAL

Miscellaneous

Tests for determining paternity

65

(1) Part III of the Family Law Reform (Northern Ireland) Order 1977 (NI 17) (provisions for use of blood tests in determining paternity) shall be amended as follows.

(2) In Article 8 (power of court to require use of blood tests)—

(a) for paragraphs (1A) and (1B) there shall be substituted—

(1A) Tests required by a direction under this Article may only be carried out by a body which has been accredited for the purposes of this Article by— (a) the Lord Chancellor; or (b) a body appointed by him for the purpose.

;

(b) in paragraph (2)—

(i) for person responsible for there shall be substituted “individual”; and

(ii) after this Article there shall be inserted “(the tester)”;

(d) in paragraph (5)—

(i) for the person responsible for carrying out the tests taken for the purpose of giving effect to the direction, or any there shall be substituted “the tester, or any other”;

(ii) for that person there shall be substituted “the tester or that other person”; and

(iii) after and where there shall be inserted “the tester or”.

(3) In Article 9 (consents, etc., required for the taking of blood samples), in paragraph (3), for, if the person who has the care and control of him consents. there shall be substituted—

(a) if the person who has the care and control of him consents; or (b) where that person does not consent, if the court considers that it would be in his best interests for the sample to be taken.

(4) In Article 10(1) (power to provide for the manner of giving effect to direction for use of blood tests)—

(a) in sub-paragraph (a), for the words from such medical practitioners to the end there shall be substituted “registered medical practitioners or members of such professional bodies as may be prescribed by the regulations;”, and

(b) for sub-paragraph (e) there shall be substituted—

(e) prescribe conditions which a body must meet in order to be eligible for accreditation for the purposes of Article 8;

(5) The amendments made by this section shall not have effect in relation to any proceedings pending at the coming into operation of this section.

Declarations of status

66

(1) Part V of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4) (declarations of status) shall be amended as follows.

(2) After Article 31A there shall be inserted—

(31B) (1) Subject to the provisions of this Article, any person may apply to the High Court, a county court or a court of summary jurisdiction for a declaration as to whether or not a person named in the application is or was the parent of another person so named. (2) A court shall have jurisdiction to entertain an application under paragraph (1) if, and only if, either of the persons named in it for the purposes of that paragraph— (a) is domiciled in Northern Ireland on the date of the application, or (b) has been habitually resident in Northern Ireland throughout the period of one year ending with that date, or (c) died before that date and either— (i) was at death domiciled in Northern Ireland, or (ii) had been habitually resident in Northern Ireland throughout the period of one year ending with the date of death. (3) Except in a case falling within paragraph (4), the court shall refuse to hear an application under paragraph (1) unless it considers that the applicant has a sufficient personal interest in the determination of the application (but this is subject to Article 28 of the Child Support (Northern Ireland) Order 1991). (4) The excepted cases are where the declaration sought is as to whether or not— (a) the applicant is the parent of a named person; (b) a named person is the parent of the applicant; or (c) a named person is the other parent of a named child of the applicant. (5) Where an application under paragraph (1) is made and one of the persons named in it for the purposes of that paragraph is a child, the court may refuse to hear the application if it considers that the determination of the application would not be in the best interests of the child. (6) Where a court refuses to hear an application under paragraph (1) it may order that the applicant may not apply again for the same declaration without leave of the court. (7) Where a declaration is made by a court on an application under paragraph (1), the prescribed officer of the court shall notify the Registrar General, in such a manner and within such period as may be prescribed, of the making of that declaration. (8) In this Article— - prescribed means prescribed by rules of court; - Registrar General has the same meaning as in the Births and Deaths Registration (Northern Ireland) Order 1976; - rules of court has the same meaning as in Article 36(5), but in relation to an application made to, or a declaration made by, a court of summary jurisdiction, means magistrates' courts rules.

(3) In Article 34(5) (prohibition of declarations of illegitimacy), sub-paragraph (b) shall cease to have effect.

(4) After Article 36(5) there shall be added—

(6) An appeal shall lie to the county court against— (a) the making by a court of summary jurisdiction of a declaration under Article 31B, (b) any refusal by a court of summary jurisdiction to make such a declaration, or (c) any order under paragraph (6) of that Article made on such a refusal.

(6) Nothing in this Act shall affect any proceedings pursuant to an application under—

(a) Article 32(1)(a) of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4), or

(b) Article 28 of the Child Support Order,

which are pending immediately before the coming into operation of this section.

Supplemental

Repeals

67

(1) The statutory provisions mentioned in Schedule 9 (which include some spent provisions) are hereby repealed to the extent specified in the second column of that Schedule.

(2) The repeals specified in that Schedule have effect subject to the commencement provisions and savings contained, or referred to, in the notes set out in that Schedule.

Commencement and transitional provisions

68

(1) This section applies to the following provisions—

(a) Part I (other than section 23);

(b) Part II (other than sections 34 and 35 and paragraph 5(1), (3) and (4) of Schedule 5);

(d) sections 65 and 66 and Schedule 8;

(e) section 67 and Schedule 9.

(2) The provisions of this Act to which this section applies shall come into operation on such day or days as may be appointed by order made—

(a) except in a case falling within paragraph (b), by the Department; and

(b) in the case of an order bringing into operation any of the provisions of sections 65 and 66, Schedule 8 or Part VII of Schedule 9, by the Lord Chancellor.

(3) The Department may by regulations make such transitional provision as it considers necessary or expedient in connection with the bringing into operation of any of the following provisions—

(a) sections 39 to 42 and section (1) of Part III of Schedule 9;

(b) sections 59 to 61 and Schedule 7 and Part VI of Schedule 9.

(4) Regulations under subsection (3) shall be subject to negative resolution.

(5) Article 166 of the Pensions Order (supplementary provisions in relation to powers to make regulations or orders under that Order) shall apply to the power to make regulations under subsection (3) as it applies to any power to make regulations under that Order.

Short title and interpretation

69

(1) This Act may be cited as the Child Support, Pensions and Social Security Act (Northern Ireland) 2000.

(2) In this Act—

the 1998 Order means the Social Security (Northern Ireland) Order 1998 (NI 10);

the 1999 Order means the Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11);

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

the Child Support Order means the Child Support (Northern Ireland) Order 1991 (NI 23);

the Contributions and Benefits Act means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);

the Department means the Department for Social Development;

the Housing Executive means the Northern Ireland Housing Executive;

the Jobseekers Order means the Jobseekers (Northern Ireland) Order 1995 (NI 15);

the Pension Schemes Act means the Pension Schemes (Northern Ireland) Act 1993 (c. 49);

the Pensions Order means the Pensions (Northern Ireland) Order 1995 (NI 22);

statutory provision has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

SCHEDULE 1

SCHEDULE 2

PART I — SUBSTITUTED SCHEDULE 4A.

PART II — SUBSTITUTED SCHEDULE 4B.

SCHEDULE 3

The Army Act 1955 (c. 18)

1

(1) Section 150AA (enforcement of maintenance assessment by deductions from pay) shall be amended as follows.

(2) In subsections (1), (2)(a), (3)(a) and (4), for “maintenance assessment” in each place there shall be substituted “maintenance calculation”.

(3) In subsection (3), for “the assessment” in each place there shall be substituted “the calculation”.

The Air Force Act 1955 (c. 19)

2

(1) Section 150AA (enforcement of maintenance assessment by deductions from pay) shall be amended as follows.

(2) In subsections (1), (2)(a), (3)(a) and (4), for “maintenance assessment” in each place there shall be substituted “maintenance calculation”.

(3) In subsection (3), for “the assessment” in each place there shall be substituted “the calculation”.

The Matrimonial Causes (Northern Ireland) Order 1978 (NI 15)

3

In Article 2(2) (interpretation), for the definition of “maintenance assessment” there shall be substituted—

“maintenance calculation” means a calculation of maintenance made under the Child Support (Northern Ireland) Order 1991 and includes, except in circumstances prescribed for the purposes of the definition of that expression in Article 2(2) of that Order, a default or interim maintenance decision within the meaning of that Order;

4

In Article 31 (duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour)—

(a) in paragraphs (5)(a), (7) and (8), for “maintenance assessment” in each place there shall be substituted “maintenance calculation”;

(b) in paragraphs (5) and (6)(b) for “current assessment” in each place there shall be substituted “current calculation”;

(d) in paragraph (6)(b), for “those assessments” there shall be substituted “those calculations”.

5

In Article 33 (variation, discharge, etc., of certain orders for financial relief)—

(a) in paragraphs (11)(c) and (13)(a) and (c), for “maintenance assessment” there shall be substituted “maintenance calculation”; and

(b) in paragraphs (11)(c) and (d) and (12), for “the assessment” there shall be substituted “the calculation”.

The Domestic Proceedings (Northern Ireland) Order 1980 (NI 5)

6

In Article 2(2) (interpretation), for the definition of “maintenance assessment” there shall be substituted—

“maintenance calculation” means a calculation of maintenance made under the Child Support (Northern Ireland) Order 1991 and includes, except in circumstances prescribed for the purposes of the definition of that expression in Article 2(2) of that Order, a default or interim maintenance decision within the meaning of that Order;

7

In Article 7 (age limit on making orders for financial provision for children and duration of such orders)—

(a) in paragraphs (7)(a), (9) and (10), for “maintenance assessment” in each place there shall be substituted “maintenance calculation”;

(b) in paragraphs (7) and (8), for “current assessment” in each place there shall be substituted “current calculation”;

(d) in paragraph (8)(b), for “those assessments” there shall be substituted “those calculations”.

8

In Article 22 (variation, revival and revocation of orders for periodical payments)—

(a) in paragraphs (9A)(b) and (9D), for “maintenance assessment” in each place there shall be substituted “maintenance calculation”; and

(b) in paragraphs (9A)(b) and (c) and (9B), for “the assessment” there shall be substituted “the calculation”.

The Finance Act 1988 (c. 39)

9

In subsection (5A) of section 36 (annual payments) and subsection (8A) of section 38 (maintenance payments under existing obligations: 1989-90 onwards), for the words from “maintenance calculation” to “the Child Support (Northern Ireland) Order 1991” there shall be substituted “maintenance calculation made under the Child Support Act 1991 or the Child Support (Northern Ireland) Order 1991”.

The Insolvency (Northern Ireland) Order 1989 (NI 19)

10

In Article 255(5)(b) (effect of discharge on a bankrupt), for “maintenance assessment” there shall be substituted “maintenance calculation”.

The Child Support (Northern Ireland) Order 1991 (NI 23)

11

For “absent parent” or “absent parent's”, wherever they occur, there shall be substituted “non-resident parent” or “non-resident parent's” preceded, where appropriate, by “a” instead of “an”.

12

In Article 2(2) (interpretation)—

(a) in the definition of “application for a departure direction” for “departure direction” there shall be substituted “variation” and after “28A” there shall be inserted “or 28G”;

(b) the definitions of “assessable income”, “current assessment”, “departure direction” and “maintenance requirement” shall cease to have effect;

“default maintenance decision” has the meaning given in Article 14;

;

(d) in the definition of “interim maintenance assessment” for “assessment” there shall be substituted “decision”;

(e) for the definition of “maintenance assessment” there shall be substituted—

“maintenance calculation” means a calculation of maintenance made under this Order and, except in prescribed circumstances, includes a default maintenance decision and an interim maintenance decision;

; and

(f) after the definition of “statutory provision” there shall be added—

“voluntary payment” has the meaning given in Article 28J.

13

In Article 7 (child support maintenance)—

(a) in paragraph (4)(a), after “be” there shall be inserted “identified or”; and

(b) in paragraph (9), after “an application” there shall be inserted “treated as made”.

14

In Article 10 (role of the courts with respect to maintenance for children)—

(a) in paragraph (1), after “duly made” there shall be inserted “or treated as made”;

(b) in paragraph (3), at the beginning there shall be inserted “Except as provided in paragraph (3A),”;

(3A) Unless a maintenance calculation has been made with respect to the child concerned, paragraph (3) does not prevent a court from varying a maintenance order in relation to that child and the non-resident parent concerned— (a) if the maintenance order was made on or after the date prescribed for the purposes of Article 7(10)(a); or (b) where the order was made before then, in any case in which Article 7(10) prevents the making of an application for a maintenance calculation with respect to or by that child.

; and

(d) in paragraph (6), for sub-paragraph (b) there shall be substituted—

(b) the non-resident parent’s net weekly income exceeds the figure referred to in paragraph 10(3) of Schedule 1 (as it has effect from time to time pursuant to regulations made under paragraph 10A(1)(b)); and

15

In Article 11 (agreements about maintenance), in paragraph (6), for sub-paragraphs (a) and (b) there shall be substituted—

(a) no parent has been treated under Article 9(3) as having applied for a maintenance calculation with respect to the child; or (b) a parent has been so treated but no maintenance calculation has been made,

16

In Article 16 (information required by the Department), in paragraph (1), after “any application” there shall be inserted “made or treated as made”.

17

In Article 27 (disputes about parentage), in paragraph (1), after “made” there shall be inserted “or treated as made”.

18

In Article 27A (recovery of fees for scientific tests)—

(a) in paragraph (1)(a), after “made” there shall be inserted “or treated as made”; and

(b) in paragraph (1)(b), after “made” there shall be inserted “or, as the case may be, treated as made”.

19

In Article 28ZA (decisions involving issues that arise on appeal in other cases), in paragraph (1)—

(a) in sub-paragraph (a), for “in relation to a maintenance assessment” there shall be substituted “or with respect to a reduced benefit decision under Article 43”; and

(b) in sub-paragraph (b), for “maintenance assessment” there shall be substituted “matter”.

20

In Article 28ZB (appeals involving issues that arise on appeal in other cases)—

(a) in paragraph (1), for sub-paragraph (a) there shall be substituted—

(a) an appeal (“appeal A”) in relation to a decision or the imposition of a requirement falling within Article 22(1) is made to an appeal tribunal, or from an appeal tribunal to a Child Support Commissioner;

; and

(b) in paragraph (4), for “or assessment” there shall be substituted “or the imposition of the requirement”.

21

In Article 28ZC (restrictions on liability in certain cases of error)—

(a) in paragraph (1)(b)(i), at the end there shall be added “or one treated as having been so made, or under Article 43 as to the reduction of benefit”;

(b) in paragraph (1)(b)(ii), for the words from “a decision” to the end there shall be substituted “any decision (made after the commencement date) referred to in Article 18(1A)”;

(c) in paragraph (1)(b)(iii), for the words from “a decision” to the end there shall be substituted “any decision (made after the commencement date) referred to in Article 19(1)”;

(d) in paragraph (3), after “liability” there shall be inserted “or the reduction of a person’s benefit”; and

(e) in paragraph (6), in the definition of “adjudicating authority”, at the end there shall be added “or, in the case of a decision made on a referral under Article 28D(1)(b), an appeal tribunal”.

22

Articles 28H (departure directions: decisions and appeals) and 28I (transitional provisions) shall cease to have effect.

23

In Article 30 (collection and enforcement of other forms of maintenance), for paragraph (2) there shall be substituted—

(2) The Department may, except in prescribed cases, arrange for the collection of any periodical payments, or secured periodical payments, of a prescribed kind which are payable for the benefit of a child even though the Department is not arranging for the collection of child support maintenance with respect to that child.

24

In Article 32 (regulations about deduction from earnings orders), in paragraph (2), after sub-paragraph (b) there shall be inserted—

(bb) for the amount or amounts which are to be deducted from the liable person’s earnings not to exceed a prescribed proportion of his earnings (as determined by the employer);

25

In Article 33 (liability orders), after paragraph (4) there shall be added—

(5) Where regulations have been made under Article 29(3)(a)— (a) the liable person fails to make a payment (for the purposes of paragraph (1)(a)); and (b) a payment is not paid (for the purposes of paragraph (3)), unless the payment is made to, or through, the person specified in or by virtue of those regulations for the case of the liable person in question.

26

In Article 44 (fees), after paragraph (2) there shall be added—

(3) The provisions of this Order with respect to— (a) the collection of child support maintenance; (b) the enforcement of any obligation to pay child support maintenance, shall apply equally (with any necessary modifications) to fees payable by virtue of regulations made under this Article.

27

In Article 47 (supplementary powers to make regulations), in paragraph (2)—

(a) for sub-paragraph (a)(ii) and (iii) there shall be substituted—

(ii) the making of decisions under Article 13; (iii) the making of decisions under Article 18 or 19;

; and

(b) for sub-paragraph (b) there shall be substituted—

(b) extending the categories of case to which Article 18, 19 or 22 applies;

28

In Schedule 1 (maintenance assessments)—

(a) paragraph 13 (assessments where amount of child support is nil) shall cease to have effect;

(b) in paragraph 14 (consolidated applications and assessments), the existing text shall be sub-paragraph (1) of that paragraph, and after that sub-paragraph there shall be added—

(2) In sub-paragraph (1), the references (however expressed) to applications for maintenance calculations include references to applications treated as made.

; and

(i) in sub-paragraph (1), heads (d) and (e) shall cease to have effect;

(ii) sub-paragraphs (2) to (10) shall cease to have effect; and

(iii) in sub-paragraph (11), the words “, or should be cancelled” shall cease to have effect.

29

In section 5A(6)(a) (sharing of functions as regards certain claims and information)—

(a) after “application” there shall be inserted “(or an application treated as having been made)”; and

(b) for “maintenance assessment” there shall be substituted “maintenance calculation”.

The Children (Northern Ireland) Order 1995 (NI 2)

30

(1) Schedule 1 (financial provision for children) shall be amended as follows.

(2) In paragraph 1 (interpretation), in sub-paragraph (3)—

(a) for “maintenance assessment” there shall be substituted “maintenance calculation”;

(b) for “an assessment” there shall be substituted “a calculation”; and

(3) In paragraph 4 (duration of orders for financial relief)—

(a) in sub-paragraphs (8)(a), (10) and (11) for “maintenance assessment” in each place there shall be substituted “maintenance calculation”;

(b) in sub-paragraphs (8) and (9)(b), for “current assessment” in each place there shall be substituted “current calculation”;

(d) in sub-paragraph (9)(b), for “those assessments” there shall be substituted “those calculations”.

(4) In paragraph 7 (variation, etc., of orders for periodical payments)—

(a) in sub-paragraph (11), for “maintenance assessment” there shall be substituted “maintenance calculation”; and

(b) in sub-paragraphs (11)(c) and (d) and (12), for “the assessment” there shall be substituted “the calculation”.

The Child Support (Northern Ireland) Order 1995 (NI 13)

31

In Article 12 (deferral of right to apply for maintenance assessment), paragraph (4) (which enables the Department by order to repeal any of the provisions of Article 12) shall cease to have effect.

32

Article 17 (compensation payments) shall cease to have effect.

33

In paragraph 8 of Schedule 2 (decisions against which no appeal lies) for “direction” in each place there shall be substituted “decision”.

SCHEDULE 4

The Schedule to be inserted after Schedule 4 to the Contributions and Benefits Act is as follows—

SCHEDULE 5

PART I — MISCELLANEOUS AMENDMENTS

Guaranteed minimum for widows and widowers

1

(1) In section 13 of the Pension Schemes Act (minimum pensions for widows and widowers), after subsection (4) there shall be inserted—

(4A) The scheme must provide for the widow or widower's pension to be payable to the widow or widower— (a) for any period for which a Category B retirement pension is payable to the widow or widower by virtue of the earner's contributions or would be so payable but for section 43(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (persons entitled to more than one retirement pension); (b) for any period for which widowed parent's allowance or bereavement allowance is payable to the widow or widower by virtue of the earner's contributions; and (c) in the case of a widow or widower whose entitlement by virtue of the earner's contributions to a widowed parent's allowance or bereavement allowance has come to an end at a time after the widow or widower attained the age of 45, for so much of the period beginning with the time when the entitlement came to an end as neither— (i) comprises a period during which the widow or widower and a person of the opposite sex are living together as husband and wife; nor (ii) falls after the time of any remarriage by the widow or widower.

(2) In subsection (5) of that section—

(a) for must provide there shall be substituted “must also make provision”; and

(b) the words Category B retirement pension,, in the first place where they occur, and the words from or for which to the end shall cease to have effect.

(3) In subsection (6) of that section, for must provide there shall be substituted “must also make provision”.

Transfer of rights to overseas personal pension schemes

2

(1) In section 16(1) of the Pension Schemes Act (transfer of accrued rights)—

(a) in paragraph (a), for or to a personal pension scheme there shall be substituted “, to a personal pension scheme or to an overseas arrangement”; and

(b) in paragraph (b), for or a personal pension scheme there shall be substituted “, a personal pension scheme or an overseas arrangement”.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 176(1) of that Act (general interpretation), after the definition of occupational pension scheme, there shall be inserted—

overseas arrangement means a scheme or arrangement which— (a) has effect, or is capable of having effect, so as to provide benefits on termination of employment or on death or retirement to or in respect of earners; (b) is administered wholly or primarily outside Northern Ireland; (c) is not an appropriate scheme; and (d) is not an occupational pension scheme;

Protected rights

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use of cash equivalent for annuity

4

In section 91 of the Pension Schemes Act (ways of taking right to cash equivalent), subsection (4) shall cease to have effect.

Transfer values where pension in payment

5

(1) In section 93(2) of the Pension Schemes Act (calculation of cash equivalents), for and at the end of paragraph (a) there shall be substituted—

(aa) for a cash equivalent, including a guaranteed cash equivalent, to be reduced so as to take account of the extent (if any) to which an entitlement has arisen under the scheme to the present payment of the whole or any part of— (i) any pension; or (ii) any benefit in lieu of pension; and

(2) In section 94(7) of that Act (variation and loss of rights under section 90)—

(a) after right there shall be inserted “if”; and

(b) paragraph (a) shall cease to have effect.

(3) In Article 121(1) of the Pensions Order (interpretation of Part II), in the definition of pensioner member, after other benefits there shall be inserted “and who is not an active member of the scheme”.

(4) Sub-paragraph (2) has effect in relation to any case in which the whole or any part of a pension or other benefit becomes payable on or after the coming into operation of that sub-paragraph.

Information about contracting-out

6

For section 152 of the Pension Schemes Act (information as to guaranteed minimum pensions) there shall be substituted—

(152) (1) The Department or the Inland Revenue may give to the trustees or managers of an occupational pension scheme or appropriate scheme such information as appears to the Department or Inland Revenue appropriate to give to them for the purpose of enabling them to comply with their obligations under Part III. (2) The Department or Inland Revenue may also give to such persons as may be prescribed any information that they could give under subsection (1) to trustees or managers of a scheme.

Trustees of schemes

7

In section 173 of the Pension Schemes Act (managers of schemes)—

(a) for provide who is to be treated there shall be substituted

provide— (a) who is to be treated

; and

(b) at the end there shall be added—

or (b) who is be treated as a trustee of a scheme for the purposes of Chapter I of Part IV, Chapter I of Part IVA, Part VIII so far as it applies for the purposes of Chapter I of Part IV, sections 149(2), 154(1) to (5), 158, 159 and 171.

Register of disqualified trustees

8

(1) In Article 30(7) of the Pensions Order (persons disqualified: consequences), for the words from “and” to the end there shall be substituted “but the arrangements made by the Authority for the register shall secure that the contents of the register are not disclosed or otherwise made available to members of the public except in accordance with Article 30A.”.

(2) After that paragraph there shall be added—

(8) Nothing in paragraph (7) requires the Authority to exclude any matter from a report published under Article 101.

(3) After that Article there shall be inserted—

(30A) (1) The Authority shall make arrangements that secure that the disqualification register is open, during the normal working hours of the Authority, for inspection in person and without notice at— (a) the principal office used by them for the carrying out of their functions under this Order, and (b) such other offices (if any) of theirs or of the Department as they consider to be places where it would be reasonable for a copy of the register to be kept open for inspection. (2) If a request is made to the Authority— (a) to state whether a particular person identified in the request is a person appearing in the disqualification register as disqualified in respect of a scheme specified in the request, or (b) to state whether a particular person identified in the request is a person appearing in that register as disqualified in respect of all trust schemes, it shall be the duty of the Authority promptly to comply with the request in such manner as they consider reasonable. (3) The Authority may, in such manner as they think fit, publish a summary of the disqualification register if (subject to paragraphs (6) to (8)) the summary— (a) contains all the information described in paragraph (4), (b) arranges that information in the manner described in paragraph (5), (c) does not (except by identifying a person as disqualified in respect of all trust schemes) identify any of the schemes in respect of which persons named in the summary are disqualified, and (d) does not disclose any other information contained in the register. (4) That information is— (a) the full names and titles, so far as the Authority have a record of them, of all the persons appearing in the register as persons who are disqualified, (b) the dates of birth of such of those persons as are persons whose dates of birth are matters of which the Authority have a record, and (c) in the case of each person whose name is included in the published summary, whether that person appears in the register— (i) as disqualified in respect of only one scheme, (ii) as disqualified in respect of two or more schemes but not in respect of all trust schemes, or (iii) as disqualified in respect of all trust schemes. (5) For the purposes of sub-paragraph (c) of paragraph (4), the information contained in the published summary shall be arranged in three separate lists, one for each of the descriptions of disqualification specified in the three heads of that sub-paragraph. (6) The Authority shall ensure, in the case of any published summary, that a person is not identified in the summary as a disqualified person if it appears to them that the determination by virtue of which that person appears in the register— (a) is the subject of any pending review, appeal or legal proceedings which could result in that person’s removal from the register, or (b) is a determination which might still become the subject of any such review, appeal or proceedings. (7) The Authority shall ensure, in the case of any published summary, that the particulars relating to a person do not appear in a particular list mentioned in paragraph (5) if it appears to them that a determination by virtue of which that person’s particulars would appear in that list— (a) is the subject of any pending review, appeal or legal proceedings which could result in such a revocation or other overturning of a disqualification of that person as would require his particulars to appear in a different list, or (b) is a determination which might still become the subject of any such review, appeal or proceedings. (8) Where paragraph (7) prevents a person’s particulars from being included in a particular list in the published summary, they shall be included, instead, in the list in which they would have been included if the disqualification to which the review, appeal or proceedings relate had already been revoked or otherwise overturned. (9) For the purposes of this Article a determination is one which might still become the subject of a review, appeal or proceedings if, and only if, in the case of that determination— (a) the time for the making of an application for a review, or for the bringing of an appeal or other proceedings, has not expired, and (b) there is a reasonable likelihood that such an application might yet be made, or that such an appeal or such proceedings might yet be brought. (10) In this Article— - “the disqualification register” means the register kept by the Authority under Article 30(7), - “name”, in relation to a person any of whose names is recorded by the Authority as an initial, means that initial.

Conditions of payment of surplus to employer

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties relating to statements of contributions

10

(1) In Article 41 of the Pensions Order (provision of documents for members), for paragraph (5) there shall be substituted—

(5) Regulations may in the case of occupational pension schemes provide for— (a) prescribed persons, (b) persons with prescribed qualifications or experience, or (c) persons approved by the Department, to act for the purposes of paragraph (2) instead of scheme auditors or actuaries. (5A) Regulations may impose duties on the trustees or managers of an occupational pension scheme to disclose information to, and make documents available to, a person acting under paragraph (5). (5B) If any duty imposed under paragraph (5A) is not complied with, Articles 3 and 10 apply to any trustee, and Article 10 applies to any manager, who has failed to take all such steps as are reasonable to secure compliance.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders and regulations

11

In Article 167(3) of the Pensions Order (Assembly, etc. control of orders and regulations), after orders in the first place where it occurs, there shall be inserted “made by virtue of Article 10(2)” and sub-paragraph (a) shall cease to have effect.

PART II — ALTERNATIVE TO ANTI-FRANKING RULES

Cases in which alternative applies

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Alternative rules

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relationship between alternative rules and other rules

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplemental

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6

Preliminary

1

Part VI of the Administration Act (enforcement) shall be amended as follows.

Replacement for inspector’s powers

2

For section 104 (appointment and powers of inspectors) there shall be substituted—

(103A) (1) An individual who for the time being has the Department’s authorisation for the purposes of this Part shall be entitled, for any one or more of the purposes mentioned in subsection (2) below, to exercise any of the powers which are conferred on an authorised officer by sections 103B and 103C below. (2) Those purposes are— (a) ascertaining in relation to any case whether a benefit is or was payable in that case in accordance with any provision of the relevant social security legislation; (b) investigating the circumstances in which any accident, injury or disease which has given rise, or may give rise, to a claim for— (i) industrial injuries benefit, or (ii) any benefit under any provision of the relevant social security legislation, occurred or may have occurred, or was or may have been received or contracted; (c) ascertaining whether provisions of the relevant social security legislation are being, have been or are likely to be contravened (whether by particular persons or more generally); (d) preventing, detecting and securing evidence of the commission (whether by particular persons or more generally) of benefit offences. (3) An individual has the Department’s authorisation for the purposes of this Part if, and only if, the Department has granted him an authorisation for those purposes and he is— (a) an official of a government department; (b) an individual employed by the Housing Executive; or (c) an individual authorised to carry out functions of the Housing Executive relating to housing benefit. (4) An authorisation granted for the purposes of this Part to an individual of any of the descriptions mentioned in subsection (3) above— (a) shall be contained in a certificate provided to that individual as evidence of his entitlement to exercise powers conferred by this Part; (b) may contain provision as to the period for which the authorisation is to have effect; and (c) may restrict the powers exercisable by virtue of the authorisation so as to prohibit their exercise except for particular purposes, in particular circumstances or in relation to particular benefits or particular provisions of the relevant social security legislation. (5) An authorisation granted under this section may be withdrawn at any time by the Department. (6) Where the Department grants an authorisation for the purposes of this Part to an individual employed by the Housing Executive, or to an individual authorised to carry out functions of the Housing Executive relating to housing benefit— (a) the Department and the Housing Executive shall enter into such arrangements (if any) as they consider appropriate with respect to the carrying out of functions conferred on that individual by or in connection with the authorisation granted to him; and (b) the Department may make to the Housing Executive such payments (if any) as the Department thinks fit in respect of the carrying out by that individual of any such functions. (7) The matters on which a person may be authorised to consider and report to the Department under section 128A below shall be taken to include the carrying out by any such individual as is mentioned in subsection (3)(b) or (c) above of any functions conferred on that individual by virtue of any grant by the Department of an authorisation for the purposes of this Part. (8) The powers conferred by sections 103B and 103C below shall be exercisable in relation to persons holding office under the Crown and persons in the service of the Crown, and in relation to premises owned or occupied by the Crown, as they are exercisable in relation to other persons and premises. (103B) (1) An authorised officer who has reasonable grounds for suspecting that a person— (a) is a person falling within subsection (2) below, and (b) has or may have possession of or access to any information about any matter that is relevant for any one or more of the purposes mentioned in section 103A(2) above, may, by written notice, require that person to provide all such information described in the notice as is information of which he has possession, or to which he has access, and which it is reasonable for the authorised officer to require for a purpose so mentioned. (2) The persons who fall within this subsection are— (a) any person who is or has been an employer or employee within the meaning of any provision made by or under the Contributions and Benefits Act; (b) any person who is or has been a self-employed earner within the meaning of any such provision; (c) any person who by virtue of any provision made by or under that Act falls, or has fallen, to be treated for the purposes of any such provision as a person within paragraph (a) or (b) above; (d) any person who is carrying on, or has carried on, any business involving the supply of goods for sale to the ultimate consumers by individuals not carrying on retail businesses from retail premises; (e) any person who is carrying on, or has carried on, any business involving the supply of goods or services by the use of work done or services performed by persons other than employees of his; (f) any person who is carrying on, or has carried on, an agency or other business for the introduction or supply, to persons requiring them, of persons available to do work or to perform services; (g) any district council acting in its capacity as an authority responsible for the granting of any licence; (h) any person who is or has been a trustee or manager of a personal or occupational pension scheme; (i) any person who is or has been liable to make a compensation payment or a payment to the Department under Article 8 of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (payments in respect of recoverable benefits); and (j) the servants and agents of any such person as is specified in any of paragraphs (a) to (i) above. (3) The obligation of a person to provide information in accordance with a notice under this section shall be discharged only by the provision of that information, at such reasonable time and in such form as may be specified in the notice, to the authorised officer who— (a) is identified by or in accordance with the terms of the notice, or (b) has been identified, since the giving of the notice, by a further written notice given by the authorised officer who imposed the original requirement or another authorised officer. (4) The power of an authorised officer under this section to require the provision of information shall include a power to require the production and delivery up and (if necessary) creation of, or of copies of or extracts from any such documents containing the information as may be specified or described in the notice imposing the requirement. (5) No one shall be required under this section to provide any information (whether in documentary form or otherwise) that tends to incriminate either himself or, in the case of a person who is married, his spouse. (103C) (1) An authorised officer shall be entitled, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any p remises which— (a) are liable to inspection under this section; and (b) are premises to which it is reasonable for him to require entry in order to exercise the powers conferred by this section. (2) An authorised officer who has entered any premises liable to inspection under this section may— (a) make such an examination of those premises, and (b) conduct any such inquiry there, as appears to him appropriate for any one or more of the purposes mentioned in section 103A(2) above. (3) An authorised officer who has entered any premises liable to inspection under this section may— (a) question any person whom he finds there; (b) require any person whom he finds there to do any one or more of the following— (i) to provide him with such information, (ii) to produce and deliver up and (if necessary) create such documents or such copies of, or extracts from, documents, as he may reasonably require for any one or more of the purposes mentioned in section 103A(2) above; and (c) take possession of and either remove or make his own copies of any such documents as appear to him to contain information that is relevant for any of those purposes. (4) The premises liable to inspection under this section are any premises (including premises consisting in the whole or a part of a dwelling house) which an authorised officer has reasonable grounds for suspecting are— (a) premises which are a person’s place of employment; (b) premises from which a trade or business is being carried on or where documents relating to a trade or business are kept by the person carrying it on or by another person on his behalf; (c) premises from which a personal or occupational pension scheme is being administered or where documents relating to the administration of such a scheme are kept by the person administering the scheme or by another person on his behalf; (d) premises where a person who is the compensator in relation to any such accident, injury or disease as is referred to in section 103A(2)(b) above is to be found; (e) premises where a person on whose behalf any such compensator has made, may have made or may make a compensation payment is to be found. (5) An authorised officer applying for admission to any premises in accordance with this section shall, if required to do so, produce the certificate containing his authorisation for the purposes of this Part. (6) Subsection (5) of section 103B applies for the purposes of this section as it applies for the purposes of that section.

Exercise of powers on behalf of the Housing Executive

3

For sections 104A and 104B (inspectors appointed by the Housing Executive for the purposes of housing benefit) there shall be substituted—

(104A) (1) An individual who for the time being has the authorisation of the Housing Executive for the purposes of this Part (“a Housing Executive authorisation”) shall be entitled, for any one or more of the purposes mentioned in subsection (2) below, to exercise any of the powers which, subject to subsection (7) below, are conferred on an authorised officer by sections 103B and 103C above. (2) Those purposes are— (a) ascertaining in relation to any case whether housing benefit is or was payable in that case; (b) ascertaining whether provisions of the relevant social security legislation that relate to housing benefit are being, have been or are likely to be contravened (whether by particular persons or more generally); (c) preventing, detecting and securing evidence of the commission (whether by particular persons or more generally) of benefit offences relating to housing benefit. (3) An individual has the authorisation for the purposes of this Part of the Housing Executive if, and only if, the Housing Executive has granted him an authorisation for those purposes and he is— (a) an individual employed by the Housing Executive; (b) an individual authorised to carry out functions of the Housing Executive relating to housing benefit; or (c) an official of a government department. (4) Subsection (4) of section 103A above shall apply in relation to a Housing Executive authorisation as it applies in relation to an authorisation under that section. (5) A Housing Executive authorisation may be withdrawn at any time by the Housing Executive or by the Department. (6) It shall be the duty of the Housing Executive to comply with any directions of the Department as to— (a) whether or not Housing Executive authorisations are to be granted by the Housing Executive; (b) the period for which authorisations granted by the Housing Executive are to have effect; (c) the number of persons who may be granted authorisations by the Housing Executive at any one time; and (d) the restrictions to be contained by virtue of subsection (4) above in the authorisations granted by the Housing Executive for those purposes. (7) The powers conferred by sections 103B and 103C above shall have effect in the case of an individual who is an authorised officer by virtue of this section as if those sections had effect— (a) with the substitution for every reference to the purposes mentioned in section 103A(2) above of a reference to the purposes mentioned in subsection (2) above; and (b) with the substitution for every reference to the relevant social security legislation of a reference to so much of it as relates to housing benefit.

Consequential amendments

4

In section 105 (delay, obstruction etc. of inspector)—

(a) in subsection (3), for “section 104(5)” there shall be substituted “an authorisation granted under section 103A or 104A”; and

(b) in subsection (4)—

(i) for “section 104(5) above any power conferred by section 104 above” there shall be substituted “an authorisation granted under section 103A or 104A above, any power conferred by section 103B or 103C above”; and

(ii) for the words “section 104”, where they occur at the end of the subsection, there shall be substituted “sections 103B and 103C”.

5

In section 105A(1) (dishonest representations for obtaining benefit etc.), before “social security legislation” there shall be inserted “relevant”.

6

In section 106(1) (false representations for obtaining benefit etc.), before “social security legislation” there shall be inserted “relevant”.

7

(1) In section 107(1) (breach of regulations) for “section 104 above” there shall be substituted “this section”.

(2) After that subsection there shall be inserted—

(1A) The legislation to which this section applies is— (a) the relevant social security legislation; and (b) the statutory provisions specified in section 115CA(1) so far as relating to contributions, statutory sick pay or statutory maternity pay.

8

After section 115C (but still in Part VI) there shall be inserted—

(115CA) (1) In this Part “the relevant social security legislation” means the provisions of any of the following, except so far as relating to contributions, working families' tax credit, disabled person’s tax credit, statutory sick pay or statutory maternity pay, that is to say— (a) the Contributions and Benefits Act; (b) this Act; (c) the Pensions Act, except Part III; (d) Article 9 of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994; (e) the Jobseekers (Northern Ireland) Order 1995; (f) the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997; (g) Parts II and V of the Social Security (Northern Ireland) Order 1998; (h) Part VI of the Welfare Reform and Pensions (Northern Ireland) Order 1999; (i) the Social Security Pensions (Northern Ireland) Order 1975; (j) the Social Security Act 1973; (k) any statutory rule or statutory instrument made, or having effect as if made, under any statutory provision specified in paragraphs (a) to (j) above. (2) In this Part “authorised officer” means a person acting in accordance with any authorisation for the purposes of this Part which is for the time being in force in relation to him. (3) For the purposes of this Part— (a) references to a document include references to anything in which information is recorded in electronic or any other form; (b) the requirement that a notice given by an authorised officer be in writing shall be taken to be satisfied in any case where the contents of the notice— (i) are transmitted to the recipient of the notice by electronic means; and (ii) are received by him in a form that is legible and capable of being recorded for future reference. (4) In this Part “premises” includes— (a) moveable structures and vehicles, vessels, aircraft and hovercraft; (b) installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and (c) places of all other descriptions whether or not occupied as land or otherwise, and references in this Part to the occupier of any premises shall be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question. (5) In this Part— - “benefit” includes any allowance, payment, credit or loan; - “benefit offence” means a criminal offence committed in connection with a claim for benefit under a provision of the relevant social security legislation, or in connection with the receipt or payment of such a benefit; and - “compensation payment” has the same meaning as in the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997. (6) In this Part— (a) any reference to a person authorised to carry out any function relating to housing benefit shall include a reference to a person providing services relating to that benefit directly or indirectly to the Housing Executive; and (b) any reference to the carrying out of a function relating to housing benefit shall include a reference to the provision of any services relating to it.

9

In Schedule 7 to the Administration Act (supplementary benefits, etc.), in paragraph 4 for the words before sub-paragraph (a) there shall be substituted “Part VI of this Act shall have effect as if the following statutory provisions were included in the statutory provisions comprised in the relevant social security legislation”.

SCHEDULE 7

Introductory

1

(1) In this Schedule relevant authority means the Housing Executive or the Department of Finance and Personnel, as the case may be.

(2) In this Schedule relevant decision means any of the following—

(a) a decision of a relevant authority on a claim for housing benefit;

(b) any decision under paragraph 4 which supersedes a decision falling within head (a), within this paragraph or within head (b) of sub-paragraph (1) of that paragraph,

but references in this Schedule to a relevant decision do not include references to a decision under paragraph 3 to revise a relevant decision.

Decisions on claims for benefit

2

Where at any time a claim for housing benefit is decided by a relevant authority—

(a) the claim shall not be regarded as subsisting after that time; and

(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.

Revision of decisions

3

(1) Any relevant decision may be revised or further revised by the relevant authority which made the decision—

(a) either within the prescribed period or in prescribed cases or circumstances; and

(b) either on an application made for the purpose by a person affected by the decision or on its own initiative,

and regulations may prescribe the procedure by which a decision of a relevant authority may be so revised.

(2) In making a decision under sub-paragraph (1), the relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause it to act on its own initiative.

(3) Subject to sub-paragraphs (4) and (5) and paragraph 18, a revision under this paragraph shall take effect from the date on which the original decision took (or was to take) effect.

(4) Regulations may provide that, in prescribed cases or circumstances, a revision under this paragraph shall take effect from such other date as may be prescribed.

(5) Where a decision is revised under this paragraph, for the purposes of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.

(6) Except in prescribed circumstances, an appeal against a decision of the relevant authority shall lapse if the decision is revised under this paragraph before the appeal is determined.

Decisions superseding earlier decisions

4

(1) Subject to sub-paragraphs (3) and (3A), the following, namely—

(a) any relevant decision (whether as originally made or as revised under paragraph 3); and

(b) any decision under this Schedule of an appeal tribunal or a Commissioner,

may be superseded by a decision made by the appropriate relevant authority, either on an application made for the purpose by a person affected by the decision or on its own initiative.

(2) In making a decision under sub-paragraph (1), the appropriate relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause it to act on its own initiative.

(3) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this paragraph.

(3A) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision relating to housing benefit must be made by the appropriate relevant authority.

(4) Subject to sub-paragraph (5) and paragraph 18, a decision under this paragraph shall take effect from the date on which it is made or, where applicable, the date on which the application was made.

(5) Regulations may provide that, in prescribed cases or circumstances, a decision under this paragraph shall take effect from such other date as may be prescribed.

(6) In this paragraph the appropriate relevant authority means the authority which made the decision being superseded, the decision appealed against to the tribunal or, as the case may be, the decision to which the decision being appealed against to the Commissioner relates.

Use of experts by relevant authorities

5

Where it appears to a relevant authority that a matter in relation to which a relevant decision falls to be made by it involves a question of fact requiring special expertise, it may direct that, in dealing with that matter, it shall have the assistance of one or more persons appearing to it to have knowledge or experience which would be relevant in determining that question.

Appeal to appeal tribunal

6

(1) Subject to sub-paragraph (2), this paragraph applies to any relevant decision (whether as originally made or as revised under paragraph 3) of a relevant authority which—

(a) is made on a claim for, or on an award of, housing benefit; or

(b) does not fall within head (a) but is of a prescribed description.

(2) This paragraph does not apply to—

(a) any decision terminating or reducing the amount of a person's housing benefit that is made in consequence of any decision made under regulations under section 2A of the Administration Act (work-focused interviews);

(b) any decision of a relevant authority as to the amount of benefit to which a person is entitled in a case in which the amount is determined by the rate of benefit provided for by law; or

(3) In the case of a decision to which this paragraph applies, any person affected by the decision shall have a right of appeal to an appeal tribunal.

(4) Nothing in sub-paragraph (3) shall confer a right of appeal in relation to—

(a) a prescribed decision; or

(b) a prescribed determination embodied in or necessary to a decision.

(5) Regulations under sub-paragraph (4) shall not prescribe any decision or determination that relates to the conditions of entitlement to housing benefit for which a claim has been validly made.

(6) Where any amount of housing benefit is determined to be recoverable under section 73 of the Administration Act (overpayments of housing benefit), any person from whom it has been determined that it is so recoverable shall have a right of appeal to an appeal tribunal.

(7) A person with a right of appeal under this paragraph shall be given such notice of the decision in respect of which he has that right, and of that right, as may be prescribed.

(8) Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought.

(9) In deciding an appeal under this paragraph, an appeal tribunal—

(a) need not consider any issue that is not raised by the appeal; and

(b) shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.

Redetermination, etc. of appeals by tribunal

7

(1) This paragraph applies where an application is made to a person for leave under paragraph 8(7)(a) or (c) to appeal from a decision of an appeal tribunal.

(2) If the person considers that the decision was erroneous in point of law, he may set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal.

(3) If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the person shall set aside the decision and refer the case for determination by a differently constituted tribunal.

(4) In this paragraph and paragraph 8 principal parties means—

(a) where it is the applicant for leave to appeal or the circumstances are otherwise such as may be prescribed, the Department;

(b) the relevant authority against whose decision the appeal to the appeal tribunal was brought; and

(c) the person affected by the decision against which the appeal to the appeal tribunal was brought or by the tribunal's decision on that appeal.

Appeal from tribunal to Commissioner

8

(1) Subject to the provisions of this paragraph, an appeal lies to a Commissioner from any decision of an appeal tribunal under paragraph 6 or 7 on the ground that the decision of the tribunal was erroneous in point of law.

(2) An appeal lies under this paragraph at the instance of any of the following—

(a) the Department;

(b) the relevant authority against whose decision the appeal to the appeal tribunal was brought;

(c) any person affected by the decision against which the appeal to the appeal tribunal was brought or by the tribunal's decision on that appeal.

(3) If each of the principal parties to the appeal expresses the view that the decision appealed against was erroneous in point of law, the Commissioner may set aside the decision and refer the case to a tribunal with directions for its determination.

(4) Where the Commissioner holds that the decision appealed against was erroneous in point of law, he shall set it aside.

(5) Where under sub-paragraph (4) the Commissioner sets aside a decision—

(a) he shall have power, if he can do so without making fresh or further findings of fact, to give the decision which he considers the tribunal should have given;

(b) he shall also have power, if he considers it expedient, to make such findings and to give such decision as he considers appropriate in the light of them; and

(c) if he does not exercise the power in head (a) or (b), he shall refer the case to a tribunal with directions for its determination.

(6) Subject to any direction of the Commissioner, a reference under sub-paragraph (3) or (5)(c) shall be to a differently constituted tribunal.

(7) No appeal lies under this paragraph without leave; and leave for the purposes of this sub-paragraph may be given—

(a) by the person who constituted, or was the chairman of, the tribunal when the decision to be appealed against was given;

(b) subject to and in accordance with regulations, by a Commissioner; or

(8) 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.

Appeal from Commissioner on point of law

9

(1) Subject to sub-paragraphs (2) and (3), an appeal on a question of law shall lie to the Court of Appeal from any decision of a Commissioner.

(2) No appeal under this paragraph shall lie from a decision except—

(a) with the leave of the Commissioner who gave the decision or, in a prescribed case, with the leave of a Commissioner selected in accordance with regulations; or

(b) if he refuses leave, with the leave of the Court of Appeal.

(3) An application for leave under this paragraph in respect of a Commissioner's decision may only be made by—

(a) a person who, before the proceedings before the Commissioner were begun, was entitled to appeal to the Commissioner from the decision to which the Commissioner's decision relates;

(b) any other person who was a party to the proceedings in which the decision to which the Commissioner's decision relates was given;

and regulations may make provision with respect to the manner in which, and the time within which, applications must be made to a Commissioner for leave under this paragraph, and with respect to the procedure for dealing with such applications.

Procedure

10

(1) Regulations may make for the purposes of this Schedule any such provision as is specified in Schedule 4 to the 1998 Order, or as would be so specified if the references to the Department in paragraph 1 of that Schedule were references to a relevant authority.

(2) Regulations prescribing the procedure to be followed in cases before a Commissioner shall provide that any hearing shall be in public except in so far as the Commissioner for special reasons otherwise directs.

(3) The power by regulations to prescribe procedure includes power—

(a) to make provision as to the representation of one person, at any hearing of a case, by another person whether having professional qualifications or not; and

(b) to confer on the Department a right to be represented and heard in any proceedings before a Commissioner to which it is not already a party.

(4) If it appears to a Commissioner that a matter before him involves a question of fact of special difficulty, he may direct that in dealing with that matter he shall have the assistance of one or more persons appearing to him to have knowledge or experience which would be relevant in determining that question.

(5) 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—

(a) an application for leave under paragraph 8(7)(b); or

(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.

(6) If the decision of such a tribunal is not unanimous, the decision of the majority shall be the decision of the tribunal; and the presiding Commissioner shall have a casting vote if the votes (including his first vote) are equally divided.

(7) Where a direction is given under sub-paragraph (5)(a), paragraph 8(7)(b) shall have effect as if the reference to a Commissioner were a reference to such a tribunal as is mentioned in sub-paragraph (5).

(8) Except so far as it may be applied by regulations, Part I of the Arbitration Act 1996 (c. 23) shall not apply to any proceedings under this Schedule.

Finality of decisions

11

Subject to the provisions of this Schedule, any decision made in accordance with the preceding provisions of this Schedule shall be final.

Matters arising as respects decisions

12

Regulations may make provision as respects matters arising—

(a) pending any decision under this Schedule of a relevant authority, an appeal tribunal or a Commissioner which relates to—

(i) any claim for housing benefit;

(ii) any person's entitlement to that benefit or its receipt; or

(b) out of the revision under paragraph 3, or on appeal, of any such decision.

Suspension in prescribed circumstances

13

(1) Regulations may provide for—

(a) suspending, in whole or in part, any payments of housing benefit;

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Child Support, Pensions and Social Security Act (Northern Ireland) 2000

Jurisdiction of the Pensions Ombudsman

49

Investigations by the Pensions Ombudsman

50

Prohibition on different rules for overseas residents, etc

51

Miscellaneous amendments and alternative to anti-franking rules

52

PART III — SOCIAL SECURITY

Loss of benefit

Loss of benefit for breach of community order

53

Loss of joint-claim jobseeker’s allowance

54

Information provision

55

Loss of benefit regulations

56

Appeals relating to loss of benefit

57

Investigation powers

Investigation powers

58

Housing benefit

Housing benefit: revisions and appeals

59

Discretionary financial assistance with housing

60

Grants towards cost of discretionary housing payments

61

Recovery of housing benefit

62

Child benefit

Child benefit disregards

63

Social Security Advisory Committee

Social Security Advisory Committee

64

PART IV — MISCELLANEOUS AND SUPPLEMENTAL

Miscellaneous

Tests for determining paternity

65

Declarations of status

66

Supplemental

Repeals

67

Commencement and transitional provisions

68

Short title and interpretation

69

SCHEDULE 1

SCHEDULE 2

PART I — SUBSTITUTED SCHEDULE 4A.

PART II — SUBSTITUTED SCHEDULE 4B.

SCHEDULE 3

The Army Act 1955 (c. 18)

1

The Air Force Act 1955 (c. 19)

2

The Matrimonial Causes (Northern Ireland) Order 1978 (NI 15)

3

4

5

The Domestic Proceedings (Northern Ireland) Order 1980 (NI 5)

6

7

8

The Finance Act 1988 (c. 39)

9

The Insolvency (Northern Ireland) Order 1989 (NI 19)

10

The Child Support (Northern Ireland) Order 1991 (NI 23)

11

12

13

14

15

16