The Social Security (1998 Order) (Commencement No. 8 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999

Made: 3rd September 1999

The Department of Health and Social Services, in exercise of the powers conferred on it by Article 1(2) and (4) of the Social Security (Northern Ireland) Order 1998[^f00001] and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Social Security (1998 Order) (Commencement No. 8 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999.

• (2) In this Order “the Order” means the Social Security (Northern Ireland) Order 1998.

Appointed day

2

The day appointed for the coming into operation of—

• (a) Article 31 of the Order; and

• (b) the provisions of the Order specified in Schedule 1, in so far as they are not already in operation, for the purposes of—

• (i) benefits under Part II of the Contributions and Benefits Act except child’s special allowance,

• (ii) severe disablement allowance under sections 68 and 69 of that Act,

• (iii) benefits for the aged under sections 78 and 79 of that Act,

• (iv) increases for dependants under Part IV of that Act, and

• (v) graduated retirement benefit under sections 35 and 36 of the National Insurance Act (Northern Ireland) 1966[^f00002],

is 6th September 1999.

Commencement

3

This Article and Articles 4 to 19 shall come into operation on 6th September 1999.

Savings

4

Notwithstanding the coming into operation of Article 39(3) of the Order or regulation 59 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[^f00003]—

• (a) sections 16 and 17 of the Administration Act;

• (b) sections 57 to 59 of, and Schedule 3 to, that Act as they relate to regulations made in relation to those sections; and

• (c) any regulations made under or in connection with the operation of any of those sections,

shall continue to have effect with respect to any decision made before 6th September 1999 by the Department under section 15 of that Act.

Consequential Amendments

Amendment of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations

5

Section 35(10) of the National Insurance Act (Northern Ireland) 1966 as continued in force by virtue of regulation 2(3) of, and Schedule 1 to, the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978[^f00004] shall be omitted.

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations

6

• (1) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979[^f00005] shall be amended in accordance with paragraphs (2) and (3).

• (2) In regulation 1 (interpretation)—

• (a) in paragraph (2) for the definition of “the determining authority”[^f00006] there shall be substituted the following definition—

• “the determining authority” means, as the case may require, the Department, an appeal tribunal to which there is a right of appeal pursuant to Article 13 of the Social Security (Northern Ireland) Order 1998 or a Commissioner to whom an appeal lies under Article 15 of that Order;

; and

• (b) in paragraph (3) for “the Department or the determining authority whichever is appropriate” there shall be substituted “the determining authority”.

• (3) In regulation 4(2)(b)(i) (days to be treated as days of increment) for “the Department or the determining authority, whichever is appropriate,” there shall be substituted “the determining authority”.

Amendment of the Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations

7

• (1) The Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations (Northern Ireland) 1979[^f00007] shall be amended in accordance with paragraphs (2) and (3).

• (2) In regulation 2(3) (interpretation) for “, a social security appeal tribunal or an adjudication officer” there shall be substituted “or an appeal tribunal constituted under Article 8 of the Social Security (Northern Ireland) Order 1998”.

• (3) In regulation 19 (provision relating to widow’s pension for certain widows incapable of self-support by reason of an infirmity) paragraph (2) shall be omitted.

Amendment of the Social Security (Severe Disablement Allowance) Regulations

8

• (1) The Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984[^f00008] shall be amended in accordance with paragraphs (2) and (3).

• (2) In regulation 10 (adjudication)—

• (a) in paragraph (1)(i) for “an adjudicating medical authority” there shall be substituted “the Department or, as the case may be, an appeal tribunal constituted under Article 8 of the Social Security (Northern Ireland) Order 1998”; and

• (b) paragraphs (3) and (4) shall be omitted.

• (3) In regulation 17(3) (claims made before 29th November 1984) sub-paragraph (c) shall be omitted.

Amendment of the Income Support (General) Regulations

9

• (1) The Income Support (General) Regulations (Northern Ireland) 1987[^f00009] shall be amended in accordance with paragraphs (2) to (4).

• (2) In regulation 22A[^f00010] (reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work)—

• (a) in the heading and in paragraphs (1) and (3) after “against a decision” there shall be inserted “which embodies a determination”; and

• (b) in paragraph (3) for “that decision” there shall be substituted “that determination”.

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

• (4) In Schedule 1B[^f00013] (prescribed categories of person)—

• (a) in the heading to paragraphs 24 to 28 after “decision” there shall be inserted “which embodies a determination”;

• (b) in paragraphs 24(c) and 25(b) after “against the” there shall be inserted “decision which embodies a”; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations

10

In regulation 3 of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations (Northern Ireland) 1994[^f00014] (allocation of contributions for a spouse or child)—

• (a) in paragraph (1) for “may be determined by the adjudicating authority so as to” there shall be substituted “would”; and

• (b) in paragraph (3) the definition of “adjudicating authority” shall be omitted.

Amendment of the Social Security (Incapacity for Work) (General) Regulations

11

• (1) The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995[^f00015] shall be amended in accordance with paragraphs (2) and (3).

• (2) In regulation 2(1) (interpretation) the definitions of “adjudication officer” and “social security appeal tribunal” shall be omitted.

• (3) In regulation 18(2) (disqualification for misconduct, etc.) for “may be determined under Part II of the Administration Act” there shall be substituted “the Department may determine”.

Amendment of the Disability Working Allowance and Income Support (General) (Amendment) Regulations

12

In regulation 4(5) of the Disability Working Allowance and Income Support (General) (Amendment) Regulations (Northern Ireland) 1995[^f00016] (transitional provisions with respect to the Income Support Regulations) for “an adjudication officer on or after 13th April 1995, determines” there shall be substituted “it is determined on or after 13th April 1995”.

Amendment of the Social Security (Persons from Abroad) (Miscellaneous Amendments) Regulations

13

In Regulation 11(3) of the Social Security (Persons from Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996[^f00017] (saving) after “Social Security Administration (Northern Ireland) Act 1992” there shall be inserted “or a decision is made in relation to that entitlement under Article 10 or 11 of the Social Security (Northern Ireland) Order 1998”.

Modifications

Modification of the Social Security Benefit (Dependency) Regulations

14

The Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977[^f00018] shall have effect in relation to any benefit mentioned in Article 2(b) as if in regulation 1(2) (interpretation) for the definition of “the determining authority”[^f00019] there were substituted the following definition—

• “the determining authority” means, as the case may require, the Department, an appeal tribunal to which there is a right of appeal pursuant to Article 13 of the Social Security (Northern Ireland) Order 1998 or a Commissioner to whom an appeal lies under Article 15 of that Order;

Modification of the Social Security (Claims and Payments) Regulations

15

The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[^f00020] shall have effect in relation to any benefit mentioned in Article 2(b) as if—

• (a) in regulation 2(1) (interpretation)—

• (i) after the definition of “the Jobseekers Order”[^f00021] there were inserted the following definition—

• “the 1998 Order” means the Social Security (Northern Ireland) Order 1998;

• (ii) the definition of “adjudicating authority” were omitted, and

• (iii) in the definition of “claim for benefit” in paragraph (c) for “the review of an award or” in both places where it occurs there were substituted “a revision under Article 10 of the 1998 Order or supersession under Article 11 of that Order of”;

• (b) in regulation 13 (advance claims and awards)—

• (i) in paragraph (1) for “the adjudicating authority” and “that authority” there were substituted “the Department”, and

• (ii) in paragraph (2) for “An award under paragraph (1)(b) shall be reviewed by the adjudicating authority” there were substituted “A decision pursuant to paragraph (1)(b) to award benefit may be revised under Article 10 of the 1998 Order”;

• (c) in regulation 17(7) (duration of awards) “; and where those requirements are not satisfied the award shall be reviewed” were omitted;

• (d) in Part V (suspension and extinguishment)—

• (i) in the heading “Suspension and”, and

• (ii) regulations 36 to 36B[^f00022] (suspension and withholding of benefit),

were omitted; and

• (e) in regulation 37(2A)[^f00023] (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period)—

• (i) for “adjudicating authority” in both places where it occurs there were substituted “Department”,

• (ii) in sub-paragraph (a) for “the Department has” there were substituted “it”, and

• (iii) in sub-paragraph (c) “the Department has certified” and “that”, in each place where it occurs, were omitted and, in head (ii), for “it” there were substituted “the Department”.

Modification of the Social Security (Payments on account, Overpayments and Recovery) Regulations

16

The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988[^f00024] shall have effect in relation to any benefit mentioned in Article 2(b) as if—

• (a) in regulation 1(2) (interpretation)—

• (i) after the definition of “the Order” there were inserted the following definition—

• “the 1998 Order” means the Social Security (Northern Ireland) Order 1998;

, and

• (ii) for the definition of “adjudicating authority”[^f00025] there were substituted the following definition—

• “adjudicating authority” means, as the case may require, the Department, an appeal tribunal to which there is a right of appeal pursuant to Article 13 of the 1998 Order or a Commissioner to whom an appeal lies under Article 15 of that Order;

• (b) in regulation 2(1)(b) (making of interim payments) for “a reference, review,” there were substituted “an”;

• (c) in regulation 5(2) (offsetting prior payment against subsequent award)—

• (i) for Case 1 there were substituted—

Where a person has been paid a sum by way of benefit pursuant to a decision which is subsequently revised under Article 10 of the 1998 Order, superseded under Article 11 of that Order or overturned on appeal.

, and

• (ii) in Case 2 “, on review or appeal,” were omitted;

• (d) in the heading to Part VI “Revision of Determination and” were omitted; and

• (e) in regulation 12 (circumstances in which determination need not be revised)—

• (i) for “or revision of determination” there were substituted “, revision or supersession”, and

• (ii) for “for reviewing and revising the determination under which payment was made” there were substituted “for the decision pursuant to which the payment was made to be revised under Article 10 of the 1998 Order or superseded under Article 11 of that Order”.

Modification of the Social Security Benefit (Computation of Earnings) Regulations

17

The Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996[^f00026] shall have effect in relation to any benefit mentioned in Article 2(b) as if—

• (a) subject to the following paragraphs, for “the adjudicating authority” and “an adjudicating authority” in each place where they occur there were substituted “the Department”;

• (b) in regulation 2(1) (interpretation)—

• (i) after the definition of “the Employment Rights Order” there were inserted the following definition—

• “the Order” means the Social Security (Northern Ireland) Order 1998;

, and

• (ii) the definition of “adjudicating authority” were omitted;

• (c) in regulation 4 (notional earnings)—

• (i) in paragraph (1) for “of the determination of the claim or of any subsequent review, the adjudicating authority shall treat the claimant” there were substituted “on which a decision falls to be made by the Department under Chapter II of Part II of the Order or regulations made thereunder, the claimant shall be treated”, and

• (ii) in paragraph (2) “the adjudicating authority shall treat the claimant” there were substituted “the claimant shall be treated”;

• (d) in regulation 6(8) (calculation of earnings of employed earners), in paragraph (b)(ii)(bb) of the definition of “part-time employment” for “of review” there were substituted “on which a revision or supersession of a decision falls to be made”;

• (e) in regulation 13(8) (calculation of net profit of self-employed earners) for “The adjudicating authority shall refuse to make a deduction” there were substituted “A deduction shall not be made” and for “it is not” there were substituted “the Department is not”;

• (f) in regulation 14(2) (deduction of tax and contributions for self-employed earners) for “of the determination of the claim or of any subsequent review” in both places where it occurs there were substituted “on which a decision is made by the Department under Chapter II of Part II of the Order or regulations made thereunder”; and

• (g) regulation 16 (transitional provision to suspend benefit and make interim payments) were omitted.

Transitional Provisions and Revocations

Transitional provisions

18

• (1) Subject to paragraph (3), any decision which fell to be made, but was not made, before 6th September 1999—

• (a) on a claim for; or

• (b) under or by virtue of Part II of the Administration Act in relation to,

a relevant benefit (other than a decision which fell to be made on appeal) shall be made by the Department under Article 9(1)(a) or, as the case may be, (c) of the Order.

• (2) Subject to paragraph (3), any reference of a disablement question made in relation to a relevant benefit which fell to be determined, but was not determined, before 6th September 1999 shall be determined by the Department.

• (3) Any case referred to a medical appeal tribunal under section 44(3)(b) of the Administration Act for a decision in relation to a relevant benefit which was not determined before 6th September 1999 shall be determined by an appeal tribunal.

• (4) Any application made under Part II of the Administration Act for a review of a decision (other than a decision made on appeal) in relation to a relevant benefit which was not decided before 6th September 1999 shall be treated as an application to the Department—

• (a) where the application is made—

• (i) within three months of the date of notification of the decision or such longer period as may be allowed under paragraph (6), and

• (ii) other than on the grounds of a relevant change of circumstances,

for a revision of that decision under Article 10 of the Order; or

• (b) in any other case, for a decision under Article 11 of the Order superseding that decision.

• (5) Any application made before 6th September 1999 under Part II of the Administration Act for a review of a decision made on appeal in relation to a relevant benefit shall be treated as an application to the Department for a decision under Article 11 of the Order superseding that decision.

• (6) Subject to paragraphs (7) and (8), the period of three months specified in paragraph (4)(a) may be extended where the application is made before 6th October 2000 by a claimant or a person acting on his behalf, containing—

• (a) particulars of the grounds on which an extension of time is sought; and

• (b) sufficient details of the decision to enable it to be identified.

• (7) An application for an extension of time shall not be granted unless the Department is satisfied that—

• (a) it is reasonable to grant the application;

• (b) the application for review has merit; and

• (c) special circumstances are relevant to the application for an extension of time and, as a result of those special circumstances, it was not practicable for the application for review to be made within three months of the date of notification of the decision which it is sought to have reviewed.