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
articles 3
Reform history JSON API
  • (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;
  • (b) the subsequent making, or restoring, in prescribed circumstances of any or all of the payments so suspended.
  • (2) Regulations made under sub-paragraph (1) may, in particular, make provision for any case where, in relation to a claim for housing benefit—
  • (a) it appears to the relevant authority that an issue arises whether the conditions for entitlement to such a benefit are or were fulfilled;
  • (b) it appears to the relevant authority that an issue arises whether a decision as to an award of such a benefit should be revised (under paragraph 3) or superseded (under paragraph 4);
  • (c) an appeal is pending against a decision of an appeal tribunal, a Commissioner or a court; or
  • (d) it appears to the relevant authority, where an appeal is pending against the decision given by a Commissioner or a court in a different case, that if the appeal were to be determined in a particular way an issue would arise whether the award of housing benefit in the case itself ought to be revised or superseded.
  • (3) For the purposes of sub-paragraph (2), an appeal against a decision is pending if—
  • (a) an appeal against the decision has been brought but not determined;
  • (b) an application for leave to appeal against the decision has been made but not determined; or
  • (c) the time within which—
  • (i) an application for leave to appeal may be made; or
  • (ii) an appeal against the decision may be brought,

has not expired and the circumstances are such as may be prescribed.

  • (4) In sub-paragraph (2)(d) the reference to a different case—
  • (a) includes a reference to a case involving a different relevant authority; but
  • (b) does not include a reference to a case relating to a different benefit.

Suspension for failure to furnish information, etc.

14
  • (1) The powers conferred by this paragraph are exercisable in relation to persons who fail to comply with information requirements.
  • (2) Regulations may provide for—
  • (a) suspending, in whole or in part, any payments of housing benefit;
  • (b) the subsequent making, or restoring, in prescribed circumstances of any or all of the payments so suspended.
  • (3) In this paragraph and paragraph 15 information requirement means a requirement in pursuance of regulations made by virtue of section 5(1)(hh) of the Administration Act to furnish information or evidence needed for a determination whether a decision on an award of that benefit should be revised under paragraph 3 or superseded under paragraph 4.

Termination in cases of a failure to furnish information, etc.

15

Regulations may provide that, except in prescribed cases or circumstances, a person who—

  • (a) is a person whose benefit has been suspended in accordance with regulations under paragraph 13 and who subsequently fails to comply with an information requirement; or
  • (b) is a person whose benefit has been suspended in accordance with regulations under paragraph 14 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.

Decisions involving issues that arise on appeal in other cases

16
  • (1) This paragraph applies where—
  • (a) a relevant decision, or a decision under paragraph 3 about the revision of an earlier decision, falls to be made in any particular case; and
  • (b) an appeal is pending against the decision given in another case by a Commissioner or a court.
  • (2) A relevant authority 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.
  • (3) If a relevant authority considers it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some other way—
  • (a) it need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;
  • (b) it may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.
  • (4) Where—
  • (a) a relevant authority acts in accordance with sub-paragraph (3)(b); and
  • (b) following the making of the determination it is appropriate for its decision to be revised,

it shall then revise its decision (under paragraph 3) in accordance with that determination.

  • (5) For the purposes of this paragraph, an appeal against a decision is pending if—
  • (a) an appeal against the decision has been brought but not determined;
  • (b) an application for leave to appeal against the decision has been made but not determined; or
  • (c) the time within which—
  • (i) an application for leave to appeal may be made; or
  • (ii) an appeal against the decision may be brought,

has not expired and the circumstances are such as may be prescribed.

  • (6) In heads (a), (b) and (c) of sub-paragraph (5), any reference to an appeal against a decision, or to an application for leave to appeal against a decision, includes a reference to an application for judicial review of the decision under section 18 of the Judicature (Northern Ireland) Act 1978 (c. 23) or for leave to apply for judicial review.
  • (7) In sub-paragraph (1)(b) the reference to another case—
  • (a) includes a reference to a case involving a decision made, or falling to be made, by a different relevant authority; but
  • (b) does not include a reference to a case relating to another benefit.

Appeals involving issues that arise on appeal in other cases

17
  • (1) This paragraph applies where—
  • (a) an appeal ( appeal A) in relation to a relevant decision (whether as originally made or as revised under paragraph 3) is made to an appeal tribunal, or from an appeal tribunal to a Commissioner; and
  • (b) an appeal ( appeal B) is pending against a decision given in a different case by a Commissioner or a court.
  • (2) If the relevant authority whose decision gave rise to appeal A 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, it may serve notice requiring the tribunal or Commissioner—
  • (a) not to determine appeal A but to refer it to that authority; or
  • (b) to deal with the appeal in accordance with sub-paragraph (4).
  • (3) Where appeal A is referred to the relevant authority under sub-paragraph (2)(a), following the determination of appeal B and in accordance with that determination, it shall if appropriate—
  • (a) in a case where appeal A has not been determined by the tribunal, revise (under paragraph 3) its decision which gave rise to that appeal; or
  • (b) in a case where appeal A has been determined by the tribunal, make a decision (under paragraph 4) superseding the tribunal's decision.
  • (4) Where appeal A is to be dealt with in accordance with this sub-paragraph, the appeal tribunal or Commissioner shall either—
  • (a) stay appeal A until appeal B is determined; or
  • (b) if the tribunal or Commissioner considers it to be in the interests of the appellant to do so, determine appeal A as if—
  • (i) appeal B had already been determined; and
  • (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 sub-paragraph (4)(b), following the determination of appeal B the relevant authority whose decision gave rise to appeal A shall, if appropriate, make a decision (under paragraph 4) superseding the decision of the tribunal or Commissioner in accordance with that determination.
  • (6) For the purposes of this paragraph, an appeal against a decision is pending if—
  • (a) an appeal against the decision has been brought but not determined;
  • (b) an application for leave to appeal against the decision has been made but not determined; or
  • (c) the time within which—
  • (i) an application for leave to appeal may be made; or
  • (ii) an appeal against the decision may be brought,

has not expired and the circumstances are such as may be prescribed.

  • (7) In this paragraph—
  • (a) the reference in sub-paragraph (1)(a) to an appeal to a Commissioner includes a reference to an application for leave to appeal to a Commissioner;
  • (b) the reference in sub-paragraph (1)(b) to a different case—
  • (i) includes a reference to a case involving a different relevant authority; but
  • (ii) does not include a reference to a case relating to a different benefit; and
  • (c) any reference in head (a), (b) or (c) of sub-paragraph (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to an application for judicial review of the decision under section 18 of the Judicature (Northern Ireland) Act 1978 (c. 23) or for leave to apply for judicial review.
  • (8) In sub-paragraph (4) the appellant means the person who appealed or, as the case may be, first appealed against the decision mentioned in sub-paragraph (1)(a).
  • (9) Regulations may make provision supplementing the provision made by this paragraph.

Restrictions on entitlement to benefit in certain cases of error

18
  • (1) Subject to sub-paragraph (2), this paragraph applies where—
  • (a) the effect of the determination, whenever made, of an appeal by virtue of this Schedule to a Commissioner or the court ( the relevant determination) is that the relevant authority's decision out of which the appeal arose was erroneous in point of law; and
  • (b) after the date of the relevant determination a decision falls to be made by a relevant authority in accordance with that determination (or would, apart from this paragraph, fall to be so made)—
  • (i) in relation to a claim for housing benefit;
  • (ii) as to whether to revise, under paragraph 3, a decision as to a person's entitlement to that benefit; or
  • (iii) on an application made under paragraph 4 for a decision as to a person's entitlement to that benefit to be superseded.
  • (2) This paragraph does not apply where the decision mentioned in sub-paragraph (1)(b)—
  • (a) is one which, but for paragraph 16(2) or (3)(a), would have been made before the date of the relevant determination; or
  • (b) is one made in pursuance of paragraph 17(3) or (5).
  • (3) In so far as the decision relates to a person's entitlement to benefit in respect of a period before the date of the relevant determination, it shall be made as if the relevant authority's decision had been found by the Commissioner or court not to have been erroneous in point of law.
  • (4) Sub-paragraph (1)(a) shall be read as including a case where—
  • (a) the effect of the relevant determination is that part or all of a purported regulation or order is invalid; and
  • (b) the error of law made by the relevant authority was to act on the basis that the purported regulation or order (or the part held to be invalid) was valid.
  • (5) It is immaterial for the purposes of sub-paragraph (1)—
  • (a) where such a decision as is mentioned in head (b)(i) falls to be made, whether the claim was made before or after the date of the relevant determination;
  • (b) where such a decision as is mentioned in head (b)(ii) or (iii) falls to be made on an application under paragraph 3 or (as the case may be) 4, whether the application was made before or after that date.
  • (6) In this paragraph the court means—
  • (a) the High Court;
  • (b) the Court of Appeal;
  • (c) the Supreme Court; or
  • (d) the Court of Justice of the European Community.
  • (7) For the purposes of this paragraph, any reference to entitlement to benefit includes a reference to entitlement—
  • (a) to any increase in the rate of a benefit; or
  • (b) to a benefit, or increase of benefit, at a particular rate.
  • (8) The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this paragraph in accordance with any regulations made for that purpose.
  • (9) Regulations made under sub-paragraph (8) may include provision—
  • (a) for a determination of a higher court to be treated as if it had been made on the date of a determination by a lower court or by a Commissioner; or
  • (b) for a determination of a lower court or of a Commissioner to be treated as if it had been made on the date of a determination by a higher court.

Correction of errors and setting aside of decisions

19
  • (1) Regulations may make provision with respect to—
  • (a) the correction of accidental errors in any decision or record of a decision made under any relevant provision; and
  • (b) the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—
  • (i) a document relating to the proceedings in which the decision was made was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party's representative, or was not received at an appropriate time by the body or person who made the decision; or
  • (ii) a party to the proceedings or a party's representative was not present at a hearing related to the proceedings.
  • (2) Nothing in sub-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 sub-paragraph.
  • (3) In this paragraph relevant provision means—
  • (a) any of the provisions of this Schedule;
  • (b) any of the provisions of Part VII of the Contributions and Benefits Act so far as they relate to housing benefit; or
  • (c) any of the provisions of Part VIII of the Administration Act or of any regulations under section 2A of that Act, so far as the provisions or regulations relate to, or to arrangements for, housing benefit.

Regulations

20
  • (1) The power to make regulations under this Schedule shall be exercisable—
  • (a) in the case of regulations with respect to proceedings before the Commissioners, by the Lord Chancellor; and
  • (b) in any other case, by the Department.
  • (2) Any power conferred by this Schedule to make regulations shall include power to make different provision for different areas or different relevant authorities.
  • (3) Article 74(3) to (6) of the 1998 Order (regulations and orders) shall apply to any power to make regulations under this Schedule as it applies to any power to make regulations under that Order.
  • (4) A statutory rule containing (whether alone or with other provisions) regulations under paragraph 6(2)(c) or (4) shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.
  • (5) Regulations made under this Schedule by the Department, and which are not subject to the procedure specified in sub-paragraph (4) shall be subject to negative resolution.
  • (6) Regulations made under this Schedule by the Lord Chancellor shall be subject to negative resolution.
  • (7) In this paragraph the reference to regulations with respect to proceedings before the Commissioners includes a reference to regulations with respect to any such proceedings for the determination of any matter, or for leave to appeal to or from the Commissioners.

Consequential amendment of the Administration Act

21

In section 5(1)(hh) of the Administration Act (regulations about claims for and payments of benefit)—

  • (a) in sub-paragraph (i), after 1998 there shall be inserted “or, as the case may be, under paragraph 3 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000”; and
  • (b) in sub-paragraph (ii), after Order there shall be inserted “or, as the case may be, paragraph 4 of that Schedule”.

Consequential amendments of the 1998 Order

22
  • (1) In Article 15(12) of the 1998 Order (appeal from tribunal to Commissioner), after this Article there shall be inserted “or under paragraph 8 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000”.
  • (2) Articles 34(4) and (5) and 35 of that Order (regulations for the determination of claims and reviews of housing benefit and for the suspension of that benefit) shall cease to have effect.
  • (3) In Schedule 1 to that Order (appeal tribunals: supplementary provisions), in paragraph 4(1)(a) for or Article 22 of the Child Support Order there shall be substituted “, Article 22 of the Child Support Order or paragraph 6 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000”.

Interpretation

23
  • (1) In this Schedule—
  • affected shall be construed subject to any regulations under sub-paragraph (2);
  • appeal tribunal means an appeal tribunal constituted under Chapter I of Part II of the 1998 Order;
  • the Chief Commissioner means the Chief Social Security Commissioner;
  • Commissioner means the Chief Commissioner or any other Social Security Commissioner, and includes a tribunal of two or more Commissioners constituted under paragraph 10(5);
  • prescribed means prescribed by regulations under this Schedule;
  • relevant authority has the meaning given by paragraph 1(1);
  • relevant decision has the meaning given by paragraph 1(2).
  • (2) Regulations may make provision specifying the circumstances in which a person is or is not to be treated for the purposes of this Schedule as a person who is affected by any decision of a relevant authority.
  • (3) For the purposes of this Schedule any decision that is made or falls to be made—
  • (a) by a person authorised to carry out any function of a relevant authority relating to housing benefit; or
  • (b) by a person providing services relating to housing benefit directly or indirectly to a relevant authority,

shall be treated as a decision of the relevant authority on whose behalf the function is carried out or, as the case may be, to whom those services are provided.

SCHEDULE 8

The Births and Deaths Registration (Northern Ireland) Order 1976 (NI 14)

1

In Article 19A(1)(a) (re-registration after declaration of parentage) after “Article” there shall be inserted “31B(7) or”.

The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

2

In Article 88 (nature of domestic proceedings) after paragraph (dg) there shall be inserted—

(dh) under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;

.

The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4)

3

In Article 40(1) (meaning of “the court” and appeals from county courts) after sub-paragraph (a) there shall be inserted—

(aa) in Article 31B means the High Court, the county court or a court of summary jurisdiction,

.

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

4

In Article 27(2) (disputes about parentage), in Case C (where there has been a declaration under Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989), after “Article” there shall be inserted “31B or”.

5

In Article 27A(2)(b) (recovery of fees for scientific tests), for “Article 28” there shall be substituted “Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989”.

6

For Article 28 (reference to court for declaration of parentage) there shall be substituted—

(28) (1) This Article applies where— (a) an application for a maintenance calculation has been made (or is treated as having been made), or a maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or calculation was made or treated as made; (b) the Department is not satisfied that the case falls within one of those set out in Article 27(2); and (c) the Department or the person with care makes an application for a declaration under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 as to whether or not the alleged parent is one of the child’s parents. (2) Where this Article applies— (a) if it is the person with care who makes the application, that person shall be treated as having a sufficient personal interest for the purposes of paragraph (3) of that Article; and (b) if it is the Department which makes the application, that paragraph shall not apply.

.

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

7
  • (1) Schedule 7 (jurisdiction) shall be amended as follows.
  • (2) In paragraph 1(3) (additional proceedings which may be required to be commenced in a particular court)—
  • (a) for head (a) there shall be substituted—

(a) under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (declarations of parentage); or

; and

  • (b) in head (b), for “of that Order” there shall be substituted “of the Child Support (Northern Ireland) Order 1991”.
  • (3) In paragraph 2(3) (power to transfer certain proceedings), after head (a) there shall be inserted—

(aa) any proceedings under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989.

.

SCHEDULE 9

PART I — CHILD SUPPORT

PART II — STATE PENSIONS

PART III — OCCUPATIONAL AND PERSONAL PENSION SCHEMES

(1) Member-nominated trustees and directors

(2) Information to be given by the Authority

(3) Investigations by the Pensions Ombudsman

(4) Guaranteed minimum for widows and widowers

(5) Protected rights

(6) Use of cash equivalent

(7) Transfer values

(8) Information about contracting-out

(9) Duties relating to statements of contributions

(10) Miscellaneous

PART IV — LOSS OF BENEFIT

PART V — INVESTIGATION POWERS

PART VI — HOUSING BENEFIT

PART VII — TESTS FOR DETERMINING PARENTAGE AND DECLARATIONS OF STATUS

Maintenance calculations and terminology

Applications by persons claiming or receiving benefit

Section 6—Amendments

Variations: revision and supersession

Decisions superseding earlier decisions

Appeals to appeal tribunals

Information - offences

Abolition of the child maintenance bonus

Section 25—Amendments

Temporary compensation payment scheme

Calculation

Calculation of Category B retirement pension

Supplementary

Preservation of rights in respect of additional pensions

Sharing of state scheme rights

Disclosure of state pension information

Corporate trustees

Corporate trustees

Commencement and transitional provisions

Information to be given to the Authority

Jurisdiction of the Pensions Ombudsman

S. 50 rep. by 2005 NI 1

Prohibition on different rules for overseas residents, etc.

Investigation powers

Section 58—Amendments

Housing benefit: revisions and appeals

Tests for determining paternity

Declarations of status

Section 67—Repeals

SCHEDULE

Schedule 1—Amendments

SCHEDULE

SCHEDULE

SCHEDULE

Para. 8 rep. by 2005 NI 1

SCHEDULE

Schedule 6—Amendments

SCHEDULE

Schedule 8—Amendments

SCHEDULE

Editorial notes

[^c22028951]: Act: certain provisions applied (with modifications) (1.10.2010) Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 16, Sch. 2

[^c21163681]: S. 3 repealed (27.10.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), ss. 39, 41(1), Sch. 5; S.R. 2008/399, art. 2(2)(b)(d)

[^c21163781]: S. 12 wholly in operation at 3.10.2008; s. 12 not in operation at Royal Assent see s. 68(2); s. 12 in operation for certain purposes at 3.3.2003 by S.R. 2003/53, art. 3, Sch.; s. 12 in operation at 3.10.2008 in so far as not already in operation by S.R. 2008/402, art. 2(a)

[^c21163951]: S. 18 repealed (14.7.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), ss. 39, 41(1), Sch. 5; S.R. 2008/291, art. 2(1)(c)(ii)

[^c21164061]: S. 22 wholly in operation at 27.10.2008; s. 22 not in operation at Royal Assent see s. 68(2); s. 22 in operation for certain purposes at different dates by S.R. 2003/53, art. 6 (as substituted by S.R. 2003/92, art. 2); s. 22 in operation at 27.10.2008 in so far as not already in operation by S.R. 2008/402, art. 2(c)

[^c17264661]: mod. by SR 2002/247

[^c21164121]: S. 31(2) repealed (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 19(2)(3)(c, {Sch. 6 Pt. 4}

[^c21164241]: S. 33(3) repealed (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 19(2)(3)(c), Sch. 6 Pt. 4

[^c22780541]: 2005 NI 1

[^c22780561]: 2005 NI 1

[^c17264691]: 2005 NI 1

[^c22780581]: 2005 NI 1

[^c22780601]: 2005 NI 1

[^c20676791]: Ss. 39-42 never in operation, repealed (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 291, Sch. 11; S.R. 2005/543, art. 2(6), Sch. Pt. 6

[^c20676811]: Ss. 39-42 never in operation, repealed (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 291, Sch. 11; S.R. 2005/543, art. 2(6), Sch. Pt. 6

[^c20676821]: Ss. 39-42 never in operation, repealed (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 291, Sch. 11; S.R. 2005/543, art. 2(6), Sch. Pt. 6

[^c20676831]: Ss. 39-42 never in operation, repealed (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 291, Sch. 11; S.R. 2005/543, art. 2(6), Sch. Pt. 6

[^c19213711]: Pt. II Ch. II (ss. 39-52) power to modify conferred (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 294(e); S.R. 2006/95, art. 2(c), Sch. Pt. 3

[^c21164271]: Pt. II Ch. II (ss. 39-52) power to modify conferred (15.12.2008) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 115(2)(d), 118(2)(g)

[^c22031191]: Ss. 53-57 never in operation, repealed (23.9.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 34(1), 36(2), Sch. 4 Pt. 3; S.R. 2010/327, art. 2(2)(b)(c)(iii)

[^c22031121]: Ss. 53-57 never in operation, repealed (23.9.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 34(1), 36(2), Sch. 4 Pt. 3; S.R. 2010/327, art. 2(2)(b)(c)(iii)

[^c22031141]: Ss. 53-57 never in operation, repealed (23.9.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 34(1), 36(2), Sch. 4 Pt. 3; S.R. 2010/327, art. 2(2)(b)(c)(iii)

[^c22031151]: Ss. 53-57 never in operation, repealed (23.9.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 34(1), 36(2), Sch. 4 Pt. 3; S.R. 2010/327, art. 2(2)(b)(c)(iii)

[^c22031161]: Ss. 53-57 never in operation, repealed (23.9.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 34(1), 36(2), Sch. 4 Pt. 3; S.R. 2010/327, art. 2(2)(b)(c)(iii)

[^c21164631]: S. 68(2) power partly exercised: different dates appointed for specified provisions by S.R. 2000/358, art. 2, Sch. (as amended by S.R. 2000/374, art. 3) S. 68(2) power partly exercised: different dates appointed for specified provisions by S.R. 2000/374, art. 2, Sch. (as amended by S.R. 2001/141, art. 3) S. 68(2) power partly exercised: different dates appointed for specified provisions by S.R. 2000/406, art. 2, Sch. S. 68(2) power partly exercised: different dates appointed for specified provisions by S.R. 2001/34, art. 2 S. 68(2) power partly exercised: different dates appointed for specified provisions by S.R. 2001/141, art. 2, Sch. S. 68(2) power partly exercised: different dates appointed for specified provisions by S.R. 2001/249, art. 2 (as amended by S.R. 2002/68, art. 3) S. 68(2) power partly exercised: different dates appointed for specified provisions by S.R. 2002/68, art. 2 S. 68(2) power partly exercised: different dates appointed for specified provisions by S.R. 2002/118, art. 2 S. 68(2) power partly exercised: different dates appointed for specified provisions by S.R. 2003/53, arts. 2-7, Sch. (as amended by S.R. 2003/92, art. 2) S. 68(2) power partly exercised: different dates appointed for specified provisions by S.R. 2008/402, art. 2

[^c19213781]: Sch. 5 para. 9 repealed (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 291, Sch. 11; S.R. 2006/95, art. 2(c), Sch. Pt. 3

[^c19214231]: Sch. 5 para. 10(2)-(4) never in operation, repealed (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 291, Sch. 11; S.R. 2006/95, art. 2(c), Sch. Pt. 3

[^c20506271]: Words in Sch. 7 para. 4(1) substituted (10.3.2008 for certain purposes, otherwise 7.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 30(3)(a), 60(1); S.R. 2008/93, art. 2

[^c20506291]: Sch. 7 para. 4(3A) inserted (10.3.2008 for certain purposes, otherwise 7.4.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 30(3)(b), 60(1); S.R. 2008/93, art. 2

[^c21432041]: Sch. 7 para. 18(6)(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148(1), Sch. 9 para. 74; S.I. 2009/1604, art. 2(d)

[^c22031311]: Sch. 7 para. 20 transfer of functions from Lord Chancellor to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(1), Sch. 17 para. 57 (with arts. 15(6), 28-31); S.I. 2010/977, art. 1(2)

[^c22031291]: Words in Sch. 7 para. 20(6) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 168(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)

[^c20505901]: Sch. 7 applied (with modifications) (1.4.2007) by Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), reg. 40

[^c20505921]: Sch. 7 applied (with modifications) (1.4.2007) by Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), reg. 41

[^key-02996a619cea53b212217a5d4406cf68]: Sch. 5 para. 2(2) repealed (6.4.2012) by Pensions Act (Northern Ireland) 2008 (c. 1), ss. 13(4), 19(5), Sch. 6 Pt. 6; S.R. 2012/115, art. 2

[^key-3eddefe9f99d606112fb0b0f93ae14d3]: Sch. 5 para. 3 repealed (6.4.2012) by Pensions Act (Northern Ireland) 2008 (c. 1), ss. 13(4), 19(5), Sch. 6 Pt. 6; S.R. 2012/115, art. 2

[^key-b20854891d2abc51119e98435bfb5bbd]: S. 27 (never in operation) repealed (29.7.2013) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5; S.R. 2013/201, art. 2(2)

[^key-e121a57c9de43d02e99f702de5f25d5f]: S. 24 in operation at 16.5.2014 in so far as not already in operation by S.R. 2014/138, art. 2

[^key-0b8393e97aacb5195ea244011d004cbf]: Sch. 5 Pt. II repealed (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 70

[^key-cd00e04f76ab5990de33cf6f409d13e6]: S. 38(7)(aa)-(ab) inserted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 34(2)

[^key-ccc722b6d13536f1c959b0363d7738aa]: Words in s. 38(11) inserted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 34(3)

[^key-9b962b314fbb860ad855f29c4f8684d1]: Words in s. 38(3)(d) omitted (6.4.2016) by virtue of Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 69(2)

[^key-12a3c1976d07833b7cc4bae839b4acd0]: Words in s. 38(11) omitted (6.4.2016) by virtue of Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 69(3)

Jurisdiction of the Pensions Ombudsman

Prohibition on different rules for overseas residents, etc.

Tests for determining paternity

Housing benefit: revisions and appeals

Declarations of status

Schedule 1—Amendments

Schedule 9—Repeals

Schedule 8—Amendments

Revaluation

Modification of earnings factors

Home responsibilities protection

Disclosure of state pension information

Member-nominated trustees

Jurisdiction of the Pensions Ombudsman

Prohibition on different rules for overseas residents, etc.

Tests for determining paternity

Declarations of status

Schedule 1—Amendments

Schedule 9—Repeals

Schedule 8—Amendments

Schedule 2—Amendments

Schedule 6—Amendments

Schedule 6—Amendments

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