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

(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.

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Conditions of payment of surplus to employer

9

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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.

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• (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

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Alternative rules

13

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Relationship between alternative rules and other rules

14

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Supplemental

15

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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.

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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.

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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.

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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.

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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

• (c) any such other decision as may be prescribed.

• (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

• (c) in a prescribed case, by such person not falling within head (a) or (b) 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 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;

• (c) any other person who is authorised by regulations to apply for leave,

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;

• (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