Legalize / United Kingdom / Public General Act

Social Security (Northern Ireland) Act 1975

Type Public General Act

Publication 1975-03-20

Last updated 2020-01-13

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) for requiring employers—

(i) to make reports, to such person and in such form and within such time as may be prescribed, of accidents in respect of which industrial injuries benefit may be payable,

(ii) to furnish to the prescribed person any information required for the determination of claims, or of questions arising in connection with claims or awards,

(iii) to take such other steps as may be prescribed to facilitate the giving notice of accidents, the making of claims and the determination of claims and of questions so arising.

Medical examination and treatment

89

(1) Regulations may provide for requiring claimants for injury benefit or disablement benefit—

(a) to submit themselves from time to time to medical examination for the purpose of determining the effect of the relevant accident, or the treatment appropriate to the relevant injury or loss of faculty;

(b) to submit themselves from time to time to appropriate medical treatment for the injury or loss of faculty.

(2) Regulations under subsection (1) above requiring persons to submit themselves to medical examination or treatment may—

(a) require those persons to attend at such places and at such times as may be required; and

(b) with the consent of the Department of Finance, provide for the payment by the Department to those persons of travelling and other allowances (including compensation for loss of remunerative time).

Obligations of claimants

90

(1) Without prejudice to section 89(1) above, it shall be the duty of any person claiming or entitled to injury benefit in respect of any injury not to behave in any manner calculated to retard his recovery.

(2) Subject to subsection (4) below, regulations may provide for disqualifying a claimant for the receipt of injury benefit for failure without good cause to comply with the requirements of subsection (1) above in respect of the relevant injury, and may further provide for disqualifying a claimant for the receipt of benefit—

(a) for failure without good cause to comply with any requirement of regulations relevant under this subsection (including, in the case of a claim for industrial death benefit, a failure on the part of some other person to give the prescribed notice of the relevant accident);

(b) for wilful obstruction of, or other misconduct in connection with, any examination or treatment to which he is required under relevant regulations to submit himself, or in proceedings under this Act for the determination of his right to benefit or to its receipt,

or for suspending proceedings on the claim or payment of benefit, as the case may be, in the case of any such failure, obstruction or misconduct.

(3) The regulations relevant under subsection (2) above are those made by virtue of the following provisions of this Act namely—

section 79(1), (5);

section 81(4)(a);

section 88(a); and

section 89(1) and (2).

(4) Regulations under subsection (2) above providing for disqualification for the receipt of benefit for any of the following matters, that is to say—

(a) for failure to comply with the requirements of subsection (1) above, or those of regulations under section 89(1) or (2);

(b) for obstruction of, or misconduct in connection with,

medical examination or treatment, shall not be made so as to disentitle a claimant to benefit for a period exceeding 6 weeks on any disqualification.

Adjustments for successive accidents

91

(1) Where a person suffers two or more successive accidents arising out of and in the course of his employed earner's employment—

(a) he shall not for the same period be entitled (apart from any increase of benefit mentioned in subsection (2) below) to receive industrial injuries benefit, either by way of injury benefit and a disablement pension or pensions, or by way of two or more disablement pensions, at an aggregate weekly rate exceeding the appropriate amount specified in Schedule 4, Part V, paragraph 16; and

(b) regulations may provide for adjusting—

(i) injury benefit or disablement benefit, or the conditions for the receipt of either, in any case where he has received or may be entitled to a disablement gratuity,

(ii) any increase of benefit mentioned in subsection (2) below, or the conditions for its receipt.

(2) The increases of benefit referred to above are those under—

section 58 (unemployability supplement),

section 61 (constant attendance),

section 63 (exceptionally severe disablement),

section 64 (dependent children), or

section 66 (adult dependants);

and for the purposes of subsection (1)(a) they include also, in the case of a beneficiary under the age of 18, any increase in the rate of a disablement pension under section 60 (special hardship).

Supplementary

Benefit forgone for unabated sick pay

92

(1) This section applies to any arrangement—

(a) which relates to pay during absence from work which can be abated on account of benefit unless the benefit is not claimed or paid ; and

(b) which is for the time being approved by the Department.

(2) In this section " benefit" means any of the following, namely—

sickness benefit,

invalidity benefit,

maternity allowance,

injury benefit, and

earnings-related supplement under section 14(7) or 22(4).

(3) A person who, in pursuance of any such arrangement, has not claimed benefit but would have been entitled to the benefit if he had claimed it shall, unless or except so far as regulations provide otherwise, be deemed to be entitled to the benefit for all the purposes of this Act (except so as to confer a right to payment of the benefit).

(4) If the Department so directs, any approval given by it under the former principal Act or the former Industrial Injuries Act, or under any instrument having effect under either of those Acts, is to be treated as if it were approval given under subsection (1) above.

PART III — Determination of Claims and Questions

Adjudication by Department

Principal questions for Department

93

(1) Subject to this Part of this Act, any of the following questions arising under this Act shall be determined by the Department—

(a) a question whether a person is an earner and, if he is, as to the category of earners in which he is to be included;

(b) subject to subsection (2) below, a question whether the contribution conditions for any benefit are satisfied, or otherwise relating to a person's contributions or his earnings factor;

(c) a question which of two or more persons satisfying the conditions for an increase of benefit (whether benefit of the same or a different description) is entitled to the increase where by virtue of some provision of Part II not more than one of those persons is so entitled;

(d) a question whether a person is or was employed in employed earner's employment for the purposes of Part II, Chapters IV and V.

(2) Subsection (1)(b) above includes any question arising—

(a) under section 9(4) of this Act as to whether by regulations under that subsection a person is excepted from liability for Class 4 contributions, or his liability is deferred; or

(b) under regulations made by virtue of section 9(6) or 10 ;

but not any other question relating to Class 4 contributions, nor any question within section 98(1)(c) (disqualification for unemployment benefit, etc.).

(3) The Department may, if it thinks fit, before determining any question within subsection (1) above, appoint a person to hold an inquiry into the question, or any matters arising in connection therewith, and to report on the question, or on those matters, to the Department.

Appeal on question of law

94

(1) A question of law arising in connection with the determination by the Department of any question within section 93(1) above may, if the Department thinks fit, be referred for decision to the Court of Appeal in Northern Ireland.

(2) If the Department determines in accordance with subsection (1) above to refer any question of law to the court, it shall give notice in writing of its intention to do so—

(a) in a case where the question arises on an application made to the Department, to the applicant; and

(b) in any case, to such persons as appear to it to be concerned with the question.

(3) Any person aggrieved by the decision of the Department on any question of law within subsection (1) above which is not referred in accordance with that subsection may appeal from that decision to the court.

(4) The Department shall be entitled to appear and be heard on any such reference or appeal.

(5) Rules made under section 7 of the Northern Ireland Act 1962 may include provision for regulating references and appeals to the court under this section.

(6) Notwithstanding anything in any Act, the decision of the court on a reference or appeal under this section shall be final.

Review of decisions under ss. 93, 95

96

(1) Subject to subsection (2) below, the Department may, on new facts being brought to its notice, or if it is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact, review any decision given by it on any question within section 93(1) or 95(1)(a) or (b) above.

(2) Such a decision shall not be reviewed while an appeal under section 94 is pending against the decision of the Department on a question of law arising in connection therewith, or before the time for so appealing has expired; and section 94 applies with any necessary modifications to any case in which a question has been raised with a view to the review under this section of any such decision.

Adjudication by insurance officers, local tribunals and Commissioners

Adjudicating officials and bodies

97

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Schedule 10 to this Act has effect with respect to local tribunals, Commissioners and others officiating or attending for the purposes of this Part of this Act.

Claims and questions to be submitted to insurance officer

98

(1) There shall be submitted forthwith to an insurance officer for determination in accordance with section 99 to 104 below—

(a) any claim for benefit;

(b) subject to subsection (2) below, any question arising in connection with a claim for, or award of, benefit; and

(c) any question whether a person would by reason of the provisions of, or of any regulations under, section 20(1) or (2) of this Act have been disqualified for receiving unemployment benefit, sickness benefit or invalidity benefit if he had otherwise had a right thereto.

(2) Subsection (1) above does not apply—

(a) to a question for determination by the Department under section 93 or 95 of this Act, or by the Attendance Allowance Board under section 105(3); or

(b) to the disablement questions (section 108) in relation to industrial injuries benefit.

(3) Different aspects of the same claim or question may be submitted to different insurance officers under the foregoing provisions of this section; and for that purpose those provisions and the other provisions of this Part of this Act with respect to the determination of claims and questions shall apply with any necessary modifications.

Decision of insurance officer

99

(1) An insurance officer to whom a claim or question is submitted under section 98 shall take it into consideration and, so far as practicable, dispose of it in accordance with this section, and with procedure regulations under section 115, within 14 days of its submission to him.

(2) Subject to section 103 below (reference of special questions), the insurance officer may in the case of any claim or question so submitted to him—

(a) decide it in favour of the claimant; or

(b) decide it adversely to the claimant; or

(3) Where an insurance officer refers a case to a local tribunal, notice in writing of the reference shall be given to the claimant.

Appeal to local tribunal

100

(1) Subject to subsection (3) below, where the insurance officer has decided a claim or question adversely to the claimant, the claimant may appeal to a local tribunal.

(2) The claimant shall be notified in writing of the insurance officer's decision and the reasons for it, and of his right of appeal under this section.

(3) Where in connection with the decision of the insurance officer there has arisen—

(a) a question for determination by the Department under section 93 or 95 above, or by the Attendance Allowance Board under section 105(3); or

(b) either of the disablement questions (section 108) in relation to industrial injuries benefit,

and the question has been determined and the insurance officer certifies that the decision on that question is the sole ground of his decision, no appeal lies under this section without leave of the chairman of the local tribunal.

(4) An appeal under this section shall be brought by giving notice of appeal to the Department within 21 days after the date of the decision or within such further time as the chairman of the local tribunal may for good cause allow.

(5) A notice of appeal under this section shall be in writing and shall contain a statement of the grounds upon which the appeal is made.

(6) Where the insurance officer has decided any claim or question under Chapter IV or V of Part II of this Act in favour of the claimant and any other person's right to benefit under those Chapters is or may be, under Schedule 9 to this Act (limits on benefit payable in respect of death), affected by that decision, that other person shall have the like right of appeal to a local tribunal as the claimant would have had if the claim or question had been decided adversely to him.

Appeal from local tribunal to Commissioner

101

(1) Subject to the provisions of this section, an appeal lies to a Commissioner from any decision of a local tribunal.

(2) The persons at whose instance an appeal lies under this section are—

(a) an insurance officer ;

(b) the claimant;

(d) in a case relating to industrial injuries benefit, a person whose right to benefit is or may be, under Schedule 9 to this Act, affected by the decision appealed against.

(3) The following are the cases in which an appeal lies at the instance of a trade union—

(a) where the claimant is a member of the union at the time of the appeal and was so immediately before the question at issue arose ;

(b) where that question in any way relates to a deceased person who was a member of the union at the time of his death;

(c) where the case relates to industrial injuries benefit and the claimant or, in relation to industrial death benefit, the deceased was a member of the union at the time of the relevant accident.

(4) Subsections (2) and (3) above, as they apply to a trade union, apply also to any other association which exists to promote the interests and welfare of its members.

(5) An appeal to a Commissioner must be brought within 3 months from the date of the decision of the local tribunal, or such further period as a Commissioner may in any case for special reasons allow; and such an appeal shall be 'brought by giving notice in writing in a form approved by the Department stating the grounds of the appeal—

(a) in the case of an appeal by an insurance officer, to the claimant; and

(b) in the case of an appeal by the claimant, or a trade union or other association mentioned above, to an insurance officer.

(6) If it appears to a Commissioner that an appeal under this section involves a question of fact of special difficulty, the Commissioner may direct that in dealing with the appeal or any part of it he shall have the assistance of an assessor or assessors.

(7) A Commissioner may, if he thinks fit, refer any question arising for his decision to a medical practitioner for examination and report.

Questions first arising on appeal

102

(1) Where a question under this Act first arises in the course of an appeal to a local tribunal or a Commissioner, the tribunal or Commissioner may, if they think fit, proceed to determine the question notwithstanding that it has not been considered by an insurance officer.

(2) This section does not apply to a question for determination by the Department under section 93 or 95 of this Act, or by the Attendance Allowance Board under section 105(3), or to the disablement questions (section 108) in relation to industrial injuries benefit.

Reference of special questions

103

(1) The following subsections apply if on consideration of any claim or question an insurance officer is of opinion that there arises—

(a) a question for determination by the Department under section 93 or 95 of this Act, or by the Attendance Allowance Board under section 105(3); or

(b) either of the disablement questions (section 108) in relation to industrial injuries benefit.

(2) Subject to subsection (3) below, the insurance officer shall—

(a) refer the question so arising for determination by the Department or by the Attendance Allowance Board, or in accordance with section 108 below, as the case may require; and

(b) deal with any other questions as if the question so referred had not arisen.

(3) The insurance officer may—

(a) postpone the reference of, or dealing with, any question until other questions have been determined;

(b) in cases where the determination of any question disposes of a claim or any part of it, make an award, or decide that an award cannot be made, as to the claim or that part of it without referring or dealing with, or before the determination of, any other question.

(4) Subsections (2) and (3) above apply to a local tribunal and a Commissioner as they apply to an insurance officer, except that a tribunal or Commissioner shall, instead of referring a question in accordance with subsection (2)(a), direct it to be so referred by an insurance officer.

Review of decisions

104

(1) Any decision under this Act of an insurance officer, a local tribunal or a Commissioner may be reviewed at any time by an insurance officer or, on a reference from an insurance officer, by a local tribunal, if—

(a) the officer or tribunal is satisfied and, in the case of a decision of a Commissioner, satisfied by fresh evidence, that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or

(b) there has been any relevant change of circumstances since the decision was given ; or

(i) a question for determination by the Department under section 93 or 95, or by the Attendance Allowance Board under section 105(3), or

(ii) either of the disablement questions (section 108) in relation to industrial injuries benefit,

and the decision of that question is revised under section 95(2) or 96 (Department) or section 106 (Attendance Allowance Board) or section 110 (medical board).

(2) A question may be raised with a view to a review under this section by means of an application in writing to an insurance officer, stating the grounds of the application.

(3) On receipt of any such application, the insurance officer shall proceed to deal with or refer any question arising thereon in accordance with sections 99 to 101.

(4) A decision given on a review under this section, and a refusal to review a decision thereunder, shall be subject to appeal in like manner as an original decision, and sections 99 to 101 shall, with the necessary modifications, apply in relation to a decision given on such a review as they apply to the original decision of a question.

Adjudication in relation to attendance allowance

Attendance Allowance Board for Northern Ireland

105

(1) The Attendance Allowance Board for Northern Ireland constituted under section 5 of the National Insurance Act (Northern Ireland) 1970 shall continue in being by that name.

(2) Schedule 11 to this Act has effect with respect to the Board and their affairs ; and—

(a) Part I of the Schedule relates to the Board's membership and the method by which their functions are to be performed; and

(b) Part II relates to the Board's personnel, administration and expenses;

but regulations may make further provision as to the constitution and procedure of the Board.

(3) Subject to section 106 below, any question whether a person satisfies or has satisfied, or is likely to satisfy, for any period the conditions set out in paragraph (a) or (b) of section 35(1) of this Act shall be determined by the Board.

Review of, and appeal from, Board's decision

106

(1) The Attendance Allowance Board may—

(a) at any time review a determination of theirs under section 105(3) above or under this paragraph or paragraph (b) below, if they are satisfied that there has been a relevant change of circumstances since the determination was made, or that the determination was made in ignorance of a material fact or was based on a mistake as to a material fact;

(b) within the prescribed period review such a determination on any ground;

(c) issue a certificate under section 35(2), or revoke or alter a certificate so issued, if they consider it appropriate to do so in consequence of a review in pursuance of this subsection.

(2) Provision shall be made by regulations for enabling appeals to be brought to a Commissioner, with his leave or that of another Commissioner, against a determination by the Board of any question of law arising on a review under subsection (1) above or arising in connection with a refusal by the Board to review a determination made by them under section 105(3) or this section.

In this subsection references to the Board include a delegate appointed in pursuance of paragraph 5 of Schedule 11 to this Act.

(3) Regulations under subsection (2) above may provide for the application, to an appeal brought in pursuance of the regulations, of section 116 of this Act (Tribunal of 2 or 3 Commissioners to sit, when so directed by the Chief National Insurance Commissioner or his deputy).

(4) Provision may be made by regulations with respect to applications for reviews of determinations under section 105(3) and this section and with respect to the disposal of such applications ; but nothing in this subsection prevents such a review from being undertaken in a case where no application is made.

Adjudication in relation to industrial injuries, etc.

Declaration that accident is an industrial accident

107

(1) Where, in connection with any claim for industrial injuries benefit, it is determined that the relevant accident was or was not an industrial accident, an express declaration of that fact shall be made and recorded; and (subject to subsection (3) below) a claimant shall be entitled to have the question whether the relevant accident was an industrial accident determined notwithstanding that his claim is disallowed on other grounds.

(2) Subject to subsection (3) below, and to section 117 (finality of decisions), any person suffering personal injury by accident shall be entitled, if he claims the accident was an industrial accident, to have that question determined, and a declaration made and recorded accordingly, notwithstanding that no claim for benefit has been made in connection with which the question arises, and this Part of this Act applies for that purpose as if the question had arisen in connection with a claim for benefit.

(3) The insurance officer, local tribunal or Commissioner (as the case may be) may refuse to determine the question whether an accident was an industrial accident if satisfied that it is unlikely that it will be necessary to determine the question for the purposes of any claim for benefit; but any such refusal of an insurance officer or local tribunal shall be subject to appeal to the local tribunal or Commissioner, as the case may be.

(4) Subject to the provisions of this Part of this Act as to appeal and review, any declaration under this section that an accident was or was not an industrial accident shall be conclusive for the purposes of any claim for industrial injuries benefit in respect of that accident, whether or not the claimant is the person at whose instance the declaration was made.

(5) For the purposes of this section (but subject to section 117(3) below), an accident whereby a person suffers personal injury shall be deemed, in relation to him, to be an industrial accident if—

(a) it arises out of and in the course of his employment;

(b) that employment is employed earner's employment for the purposes of Part II, Chapter IV;

(c) payment of benefit is not under section 50(5) precluded because the accident happened while he was outside Northern Ireland.

(6) A decision under this section shall be final except that section 104 above—

(a) applies to a decision under this section that an accident was an industrial accident as it applies to a decision under sections 99 to 101 if, but only if, the insurance officer or local tribunal (as the case may be) is satisfied by fresh evidence that the decision under this section was given in consequence of any wilful non-disclosure or misrepresentation of a material fact; but

(b) does not apply to a decision under this section that an accident was not an industrial accident.

Disablement questions

108

(1) In relation to industrial injuries benefit, the " disablement questions " are the questions—

(a) whether the relevant accident has resulted in a loss of faculty;

(b) at what degree the extent of disablement resulting from a loss of faculty is to be assessed, and what period is to be taken into account by the assessment.

(2) The disablement questions shall be referred to and determined by a medical board or a medical appeal tribunal.

(3) Schedule 12 to this Act has effect with respect to medical boards and medical appeal tribunals, and their proceedings.

(4) Where the case of a claimant for disablement benefit has been referred by the insurance officer to a medical board for determination of the disablement questions and, on that or any other subsequent reference, the extent of the disablement is provisionally assessed, the case shall again be so referred not later than the end of the period taken into account by the provisional assessment.

Medical appeals and references

109

(1) This section has effect where the case of a claimant for disablement benefit has been referred by the insurance officer to a medical board for determination of the disablement questions.

(2) If the claimant is dissatisfied with the decision of the medical board, he may appeal in the prescribed manner and within the prescribed time and the case shall be referred to a medical appeal tribunal:

Provided that an appeal shall not lie against a provisional assessment of the extent of disablement before the expiration of 2 years from the date of the first reference of the case to a medical board, nor where the period taken into account by the assessment falls wholly within those 2 years.

(3) If the Department notifies the insurance officer within the prescribed time that it is of opinion that any decision of the medical board ought to be considered by a medical appeal tribunal, the insurance officer shall refer the case to a medical appeal tribunal for their consideration, and the tribunal may confirm, reverse or vary the decision in whole or in part as on an appeal.

Review of medical decisions

110

(1) Any decision under this Part of this Act of a medical board or a medical appeal tribunal may be reviewed at any time by a medical board if satisfied by fresh evidence that the decision was given in consequence of the non-disclosure or misrepresentation by the claimant or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent).

(2) Any assessment of the extent of the disablement resulting from the relevant loss of faculty may also be reviewed by a medical board if the board are satisfied that since the making of the assessment there has been an unforeseen aggravation of the results of the relevant injury.

(3) Where, in connection with a claim for disablement benefit made after 20th October 1953, it is decided that the relevant accident has not resulted in a loss of faculty, the decision—

(a) may be reviewed under subsection (2) above as if it were an assessment of the extent of disablement resulting from a relevant loss of faculty ; but

(b) subject to any further decision on appeal or review, shall be treated as deciding the question whether the relevant accident has so resulted both for the time about which the decision was given and for any subsequent time.

(4) For the purposes of subsection (3) above, a final assessment of the extent of the disablement resulting from a loss of faculty made for a period limited by reference to a definite date shall be treated as deciding that at that date the relevant accident has not resulted in a loss of faculty.

(5) An assessment made, confirmed or varied by a medical appeal tribunal shall not be reviewed under subsection (2) above without the leave of a medical appeal tribunal, and (notwithstanding the provisions of Chapter IV of Part II of this Act) on a review under that subsection the period to be taken into account by any revised assessment shall only include a period before the date of the application for the review if and in so far as regulations so provide.

(6) Subject to the foregoing provisions of this section, a medical board may deal with a case on a review in any manner in which they could deal with it on an original reference to them, and in particular may make a provisional assessment notwithstanding that the assessment under review was final.

(7) Section 109 of this Act applies to an application for a review under this section and to a decision of a medical board in connection with such an application as it applies to an original claim for disablement benefit and to a decision of a medical board in connection with such a claim.

Reference to single doctor

111

(1) Notwithstanding sections 108 to 110 above, regulations may provide that the disablement questions may, with the consent of the claimant, be referred to a single medical practitioner appointed by the Department instead of to a medical board.

(2) The period to be taken into account by any assessment made by virtue of this section shall not exceed 6 months.

(3) Regulations may make provision as to the procedure to be adopted where, on a reference under this section, the medical practitioner is of opinion that a final assessment can be made but that the period to be taken into account exceeds 6 months.

Effect of doctor's decision

112

A decision on a reference under section 111 above shall have effect as if it were a decision of a medical board, and accordingly shall be subject to appeal and review, and may be referred for consideration to a medical appeal tribunal.

Adjudication as to industrial diseases

113

(1) Regulations shall provide for applying, in relation—

(a) to claims for benefit under Chapter V of Part II of this Act, and

(b) to questions arising in connection with such claims or with awards of such benefit,

the provisions of this Part of this Act subject to any prescribed additions or modifications.

(2) Regulations for those purposes may in particular provide—

(a) for the establishment of special medical boards and the appointment of medical officers for the purposes of the regulations (including, in the case of any such board, the purposes for which medical boards and medical appeal tribunals are established under the foregoing provisions of this Part of this Act);

(b) for the payment by the prescribed persons of fees of the prescribed amount in connection with any medical examination by any such board or officer and their return in any prescribed cases, and (so far as not required to be returned) their payment into the National Insurance Fund and recovery as sums due to that Fund ;

(c) for such matters as appear to the Department to be incidental to or consequential upon provisions included in the regulations by virtue of subsection (1) above and paragraphs (a) and (b) of this subsection.

(3) The Department may pay such remuneration to any member of a medical board established by virtue of this section and to any medical officer appointed by virtue thereof, and such travelling and other allowances (including compensation for loss of remunerative time) to any such member or officer, and such other expenses in connection with any such board or with the work of any such officer as the Department, with the consent of the Department of Finance, may determine.

Provided that compensation for loss of time shall not be paid to any person in respect of any time during which he is in receipt of remuneration under this subsection.

Adjudication generally

Regulations as to determination of questions

114

(1) Subject to the provisions of this Part of this Act, provision may be made by regulations for the determination—

(a) by the Department; or

(b) by a person or tribunal appointed or constituted in accordance with the regulations,

of any question arising under or in connection with this Act or the former legislation, including a claim for benefit. " The former legislation " means the National Insurance Measures (Northern Ireland) 1966 to 1974 and the National Insurance (Industrial Injuries) Measures (Northern Ireland) 1966 to 1974.

(2) Regulations under subsection (1) above may modify, add to or exclude any provisions of this Part of this Act, so far as relating to any questions to which the regulations relate.

(3) As respects any question as to the right to benefit (other than a question for determination by the Department under section 93 or 95 of this Act) regulations under subsection (1) above shall not provide for the determination of that question by the Department but, subject to subsection (4) below, shall provide—

(a) for the submission of the question in the first instance to an officer appointed by the Department;

(b) for authorising the officer either himself to determine the question or to refer it to a local tribunal, and for enabling an appeal to be brought from the officer's decision to such a tribunal;

(4) Regulations under subsection (3) above may provide for the submission of different aspects of the same question to different officers; and for that purpose paragraphs (a) and (b) of that subsection shall have effect subject to the necessary modifications.

(5) Regulations under subsection (1) above may provide—

(a) for the reference to the Court of Appeal in Northern Ireland for decision of any question of law arising in connection with the determination of a question by the Department; and

(b) for appeals to that court from the decision of the Department on any such question of law;

and subsections (5) and (6) of section 94 of this Act shall apply to a reference or appeal under this subsection as they apply to a reference or appeal under subsections (1) to (3) of that section.

Procedure

115

(1) Regulations may, for any purpose of this Part of this Act, make any such provision as is specified in Schedule 13 (procedure, evidence, hearings, forms of documents and other matters relating to adjudication).

(2) Regulations made by virtue of subsection (1) above are referred to in this Act as " procedure regulations"; and in Schedule 13 " competent tribunal" means a Commissioner, a local tribunal, a medical appeal tribunal, a medical board or a single medical practitioner acting in place of a medical board.

(3) Procedure regulations may deal differently with claims and questions relating to benefit under Part II, Chapters I to III and those relating to industrial injuries benefit.

(4) At any inquiry held by virtue of procedure regulations the witnesses shall, if the person holding the inquiry thinks fit, be examined on oath; and the person holding the inquiry shall have power to administer oaths for that purpose.

(5) It is hereby declared that the power to prescribe procedure includes power 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.

(6) Except so far as it may be applied by procedure regulations, the Arbitration Act (Northern Ireland) 1937 shall not apply to any proceedings under this Part of this Act.

Tribunal of 2 or 3 Commissioners

116

(1) If it appears to the Chief National Insurance 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 an appeal falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the appeal be dealt with, not by that Commissioner alone, but by a Tribunal consisting of any 2 or 3 of the Commissioners.

(2) If the decision of the Tribunal is not unanimous, the decision of the majority, or, in the case of a Tribunal consisting of 2 Commissioners, the decision of the presiding member, shall be the decision of the Tribunal.

Finality of decisions

117

(1) Subject to the provisions of this Part of this Act, the decision of any claim or question in accordance with those provisions shall be final; and subject to the provisions of any regulations under section 114, the decision of any claim or question in accordance with those regulations shall be final.

(2) Subsection (1) above shall not make any finding of fact or other determination embodied in or necessary to a decision, or on which it is based, conclusive for the purpose of any further decision.

(3) A decision (given under section 107(2) of this Act or otherwise) that an accident was an industrial accident is to be taken as determining only that paragraphs (a), (b) and (c) of section 107(5) are satisfied in relation to the accident, and neither any such decision nor the reference to a medical board or medical appeal tribunal under section 108 of the disablement questions in connection with any claim to or award of disablement benefit is to be taken as importing a decision as to the origin of any injury or disability suffered by the claimant, whether or not there is an event identifiable as an accident apart from any injury that may have been received; but—

(a) a decision that on a particular occasion when there was no such event a person had an industrial accident by reason of an injury shall be treated as a decision that if the injury was suffered by accident on that occasion, the accident was an industrial accident; and

(b) a decision that an accident was an industrial accident may be given, and a declaration to that effect be made and recorded in accordance with section 107, without its having been found that personal injury resulted from the accident (saving always the discretion under section 107(3) to refuse to determine the question if it is unlikely to be necessary for the purposes of a claim for benefit).

(4) Notwithstanding anything in subsection (2) or (3) above (but subject to the provisions of this Part of this Act as to appeal and review), where for purposes of disablement benefit in respect of an accident it has been found by a medical board or medical appeal tribunal, on the determination or last determination of the disablement questions, that an injury resulted in whole or in part from the accident, then for purposes of industrial death benefit in respect of that accident (including benefit on a death occurring before the passing of this Act) the finding shall be conclusive that the injury did so result.

The reference in this subsection to a medical board includes a medical practitioner determining disablement questions on a reference under section 111.

(5) Subsections (2) to (4) above shall apply as regards the effect to be given in any proceedings to any decision, or to a reference under section 108 of this Act, whether the decision was given or reference made or the proceedings were commenced before or after the passing of the National Insurance Act 1972 (section 5 of which is replaced by this section), and accordingly—

(a) any decision given before the passing of that Act that a claimant was not entitled to industrial death benefit may be reviewed in accordance with this Part of this Act to give effect to subsection (4) above; and

(b) the references in subsections (2) and (3) above to provisions of this Act, and the reference in this section to section 108, shall (so far as necessary) include the corresponding provisions of previous Acts.

Questions as to child or family

118

(1) Subject to subsection (2) below, this section applies to any question—

(a) whether a person is or was a child, or is or was under school-leaving age;

(b) whether a person has or had a family including a child or children, or is or was a child of some other person's family;

(c) whether a person could have been treated under paragraph 3 of the Schedule to the Family Allowances Act as, or but for certain facts would have been, or could have been so treated as, a child of any other person's family;

(d) whether, for the purposes of the payment to a beneficiary of any benefit in respect of a child, the child in question is living with the beneficiary.

(2) This section does not apply—

(a) to any question within section 95(1)(c) of this Act; or

(b) to the question whether a person is to be treated for any purpose as having a family including a child or children, or as being a child of some other person's family.

(3) Where a question to which this section applies arises with respect to benefit, the question shall be determined in accordance with the foregoing provisions of this Part of this Act, subject to any prescribed modifications and adaptations.

(4) Any decision of a question to which this section applies by virtue of subsection (1)(a) to (c) above, if given under this Part of this Act, shall have effect also for the purposes of the Family Allowances Act, whether given for the purposes of this Act or of that Act.

Effect of adjudication on payment and recovery

119

(1) Where benefit is or has been paid in pursuance of a decision which is reversed or varied on appeal, or is revised on a review, then, subject to subsection (2) below, the decision given on the appeal or review shall require repayment to the Department of any benefit which was paid in pursuance of the original decision to the extent to which it—

(a) would not have been payable if the decision on the appeal or review had been given in the first instance; and

(b) is not directed to be treated as paid on account of the benefit awarded by the decision on appeal or review, or as having been properly paid.

(2) A decision given on appeal or review shall not require repayment of benefit paid in pursuance of the original decision in any case where it is shown to the satisfaction of the person or tribunal determining the appeal or review that in the obtaining and receipt of the benefit the beneficiary, and any person acting for him, has throughout used due care and diligence to avoid overpayment.

(3) Regulations may make provision as respects matters arising—

(a) pending the determination under this Act (whether in the first instance or on an appeal or reference, and whether originally or on review) of any claim for benefit or of any question affecting any person's right to benefit or its receipt, or any person's liability for contributions under Part I of this Act; or

(b) out of the revision on appeal or review of any decision under this Act on any such claim or question.

(4) Without prejudice to the generality of subsection (3) above, regulations thereunder may include provision—

(a) as to the date from which any decision on a review is to have effect or to be deemed to have had effect;

(b) for treating any benefit paid to any person under an award, or by virtue of any provision of the regulations, which it is subsequently decided was not payable, as properly paid or as paid on account of any other benefit which it is decided was payable to him, or for the repayment of any such benefit and the recovery thereof by deduction from other benefit, or from any payment under the Old Cases Act, or otherwise ;

(c) modifying subsections (1) and (2) above in relation to sums paid by way of benefit in respect of a child of the family of a man and his wife living together where those sums would have been receivable, if properly paid, by either the man or the wife;

(d) making any such provision for the recovery of sums paid by way of benefit and required to be repaid by virtue of subsection (1) as is authorised to be made in a case where repayment is required by the regulations.

PART IV — General Provisions as to Operation and Administration of this Act

Re-rating of contributions and up-rating of benefits

Amendments following alterations in Great Britain

120

Whenever the Secretary of State makes an order under. section 120, 122 or 124 of the Social Security Act 1975 (re-rating of contributions; up-rating of benefits), the Department, or, where the Secretary of State's order is made under section 122(4) of that Act, the Department of Manpower Services, may make a corresponding order for Northern Ireland, amending this Act or the Old Cases Act in the same way, and to the same effect, and from as nearly as may be the same date or dates, as the Social Security Act 1975 or the Industrial Injuries and Diseases (Old Cases) Act 1975 (as the case may be) is amended by the order of the Secretary of State.

Supplementary provisions as to up-rating

121

Schedule 14 to this Act has effect with respect to benefit under this Act or the Old Cases Act, where rates of benefit are altered—

(a) by any Act passed, or Measure of the Northern Ireland Assembly enacted, subsequent to this Act, or by an up-rating order; or

(b) in consequence of any such Act, Measure or order altering any maximum rate of benefit.

Special classes of earners

Crown employment

122

(1) Subject to the provisions of this section, this Act applies to persons employed by or under the Crown in like manner as if they were employed by a private person.

(2) This section does not apply to persons serving as members of Her Majesty's forces ; and employment as a member of those forces and any other prescribed employment under the Crown are not, and are not to be treated as, employed earner's employment for any of the purposes of Chapter IV or V of Part II of this Act.

Her Majesty's forces

123

(1) Subject to section 122(2) above and to this section, a person who is serving as a member of Her Majesty's forces shall, while he is so serving, be treated for the purposes of this Act as an employed earner in respect of his membership of those forces.

(2) The Secretary of State may make regulations modifying Parts I, II and III of this Act, in such manner as he thinks proper, in their application to persons who are or have been members of Her Majesty's forces; and regulations under this section may in particular provide—

(a) in the case of persons who are employed earners in respect of their membership of those forces, for reducing the rate of the contributions payable in respect of their employment and for determining—

(i) the amounts payable on account of those contributions by the Secretary of State and the time and manner of payment, and

(ii) the deductions (if any) to be made on account of those contributions from the pay of those persons ;

(b) for preventing a person who is discharged from Her Majesty's forces at his own request from being thereby disqualified for receiving unemployment benefit on the ground that he has voluntarily left his employment without just cause.

(3) For the purposes of this Act, Her Majesty's forces shall be taken to consist of such establishments and organisations as may be prescribed by regulations made by the Secretary of State, being establishments and organisations in which persons serve under the control of the Defence Council.

Mariners, airmen, etc.

124

(1) The Department may make regulations modifying provisions of Parts I, II and III of this Act, in such manner as the Department thinks proper, in their application to persons who are or have been, or are to be, employed on board any ship, vessel, hovercraft or aircraft.

(2) Regulations under subsection (1) above may in particular provide—

(a) for any such provision to apply to such persons, notwithstanding that it would not otherwise apply ;

(b) for excepting such persons from the application of any such provision where they neither are domiciled nor have a place of residence in Northern Ireland;

(c) for requiring the payment of secondary Class 1 contributions in respect of such persons, whether or not they are (within the meaning of Part I) employed earners;

(d) for the taking of evidence, for the purposes of any claim to benefit, in a country or territory other than Northern Ireland, by a British consular official or such other person as may be prescribed ;

(e) for enabling persons who are or have been so employed to authorise the payment of the whole or any part of any benefit to which they are or may become entitled to such of their dependants as may be prescribed.

(3) Any secondary Class 1 contribution payable by an employer—

(a) in respect of payments to a person employed on board a ship, vessel or hovercraft, where that person is by virtue of this section excepted from liability to pay a primary Class 1 contribution in respect of the payments ; or

(b) by virtue of this section in respect of a person so employed who is not an employed earner within the meaning of Part I,

shall be excluded from the contributions which under section 1(5) of this Act are to be taken into account for the purpose of arriving at the amount of any supplement under that subsection and shall be administered and applied in such manner and for such purposes as may be prescribed.

Married women and widows

125

(1) The Department may make regulations modifying any of the following provisions of this Act, namely—

Part I, and

Chapters I, II and III of Part II (except section 33 in Chapter I),

in such manner as it thinks proper, in their application to women who are or have been married.

(2) Regulations under this section shall provide (subject to any prescribed conditions and exceptions) for enabling a married woman or widow to elect that in any tax year—

(a) her liability in respect of primary Class 1 contributions shall be a liability to contribute at the reduced, instead of the standard, rate ; or

(b) she shall be under no liability for Class 2 contributions,

and to revoke any such election.

(3) Regulations made for the purposes of subsection (2) above shall provide so that—

(a) a woman's election for those purposes is not to be made or revolted otherwise than in respect of a complete tax year (whether the year in which the election is made, or any subsequent year); and

(b) an election made or revoked for either one of the purposes mentioned in subsection (2) is to be deemed to be made or revoked for the other purpose also; and

Persons outside Northern Ireland

126

The Department may make regulations modifying Parts I, II and III of this Act, in such manner as it thinks proper, in their application to persons who are or have been outside Northern Ireland at any prescribed time or in any prescribed circumstances.

Finance

National Insurance Fund

127

(1) The National Insurance Fund shall continue to be maintained under the control and management of the Department.

(2) Accounts of the National Insurance Fund shall be prepared in such form, and in such manner and at such times, as the Department of Finance may direct, and the Comptroller and Auditor-General for Northern Ireland shall examine and certify every such account and lay copies thereof, together with his report thereon, before the Northern Ireland Assembly.

(3) Any money in the National Insurance Fund may from time to time be paid over to the Department of Finance and by that Department invested in any such manner as may be specified by an order of the Treasury for the time being in force under section 22(1) of the National Savings Bank Act 1971.

(4) The Department of Finance shall certify a statement of the securities in which money forming part of the National Insurance Fund is for the time being invested and that statement so certified shall be included with the accounts of that Fund laid before the Northern Ireland Assembly under subsection (2).

(5) There shall be made out of the National Insurance Fund into the Consolidated Fund of Northern Ireland, or out of money hereafter appropriated for that purpose into the National Insurance Fund, such payments by way of adjustment as the Department determines (in accordance with any directions of the Department of Finance) to be appropriated in consequence of the operation of any enactment or regulations relating to the repayment or offsetting of benefit or other payments.

(6) Where in other circumstances payments fall to be made by way of adjustment—

(a) out of the National Insurance Fund either to the Department or another government department, or into the Reserve Pension Fund or the Consolidated Fund of Northern Ireland; or

(b) into the National Insurance Fund out of the Reserve Pension Fund or out of money hereafter appropriated for that purpose,

then, in such cases or classes of case as may be specified by the Department by order made with the consent of the Department of Finance the amount of the payments to be made shall be taken to be such, and payments on account thereof shall be made at such times and in such manner, as may be determined by the Department in accordance with any directions given by the Department of Finance.

Destination of contributions and supplements

128

(1) Contributions received by the Department under Part I of this Act shall be paid by it into the National Insurance Fund after deducting—

(a) from contributions of any class, the appropriate health service allocation in the case of contributions of that class; and

(b) from secondary Class 1 contributions, the appropriate allocation to the Redundancy Fund.

(2) The contributions referred to in subsection (1) above include those paid over to the Department by the Secretary of State under section 9(6) of the Social Security Act 1975 and by the Inland Revenue under paragraph 5(3) of Schedule 1 to this Act.

(3) The supplements under section 1(5) of this Act shall be paid, in accordance with any directions given by the Department of Finance, into the National Insurance Fund.

(4) In subsection (1) above, "the appropriate health service allocation " means—

(a) in the case of primary Class 1 contributions, 0.4 per cent. of the amount determined to be that of the earnings in respect of which those contributions were paid;

(b) in the case of secondary Class 1 contributions, 0.6 per cent. of the amount determined to be that of the earnings in respect of which those contributions were paid;

(d) in the case of Class 3 contributions, 8 per cent. of the amount determined to be the total of those contributions; and

(e) in the case of Class 4 contributions, 0.6 per cent. of the amount determined to be that of the earnings in respect of which those contributions were paid;

and " the appropriate allocation to the Redundancy Fund ", in the case of secondary Class 1 contributions, means 0.2 per cent. of the amount determined to be that of the earnings in respect of which those contributions were paid; and in this subsection "determined" means determined by the Department in accordance with any directions given by the Department of Finance.

(5) So much of any contributions as is to be deducted under subsection (1) above before payment of the remainder into the National Insurance Fund shall be dealt with as follows—

(a) from the health service allocation in respect of contributions of any class there shall be deducted such amount as the Department may estimate to be the portion of the total expenses incurred by it or any other government department in collecting contributions of that class which is fairly attributable to that allocation, and the remainder shall, in the hands of the Department, be taken as paid towards the cost of the health service in Northern Ireland;

(b) from the appropriate allocation to the Redundancy Fund there shall be deducted such amount as the Department may estimate to be the portion of the total expenses incurred by it or any other government department in collecting secondary Class 1 contributions which is fairly attributable to that allocation, and the remainder shall be paid by the Department into that Fund; and

(c) any amounts deducted in accordance with paragraphs (a) and (b) above shall be paid by the Department into the Consolidated Fund of Northern Ireland;

and any estimate by the Department for the purposes of those paragraphs shall be made in accordance with any directions given by the Department of Finance.

(6) The Department may make regulations modifying this section, in such manner as it thinks proper, in relation to the contributions of persons referred to in—

section 123(2) (H.M. forces); and

section 124(1) (mariners, airmen, etc.).

General financial arrangements

129

(1) Subject to subsection (2) below, all benefit under Part II of this Act shall be paid out of the National Insurance Fund.

(2) Subsection (1) does not apply to any of the following benefits, namely—

(a) an attendance allowance ;

(b) a non-contributory invalidity pension ;

(d) a Category C or Category D retirement pension ;

(e) age addition payable—

(i) under section 40(1), in respect of a retirement pension of either of those Categories, or

(ii) under section 40(2);

(f) benefit payable under section 39(4) (benefits for old people payable under regulations and corresponding to Category C pension, etc.).

(3) There shall be paid out of money hereafter appropriated for that purpose—

(a) any administrative expenses of the Department or other government department in carrying this Act and the Old Cases Act into effect; and

(b) any of the benefits which by virtue of subsection (2) above are not payable out of the National Insurance Fund,

except in so far as they may be required by any enactment to be paid or borne in some other way.

(4) The administrative expenses referred to in subsection (3)(a) above include those in connection with any inquiry undertaken on behalf of the Department with a view to obtaining statistics relating to the operation of this Act or the Old Cases Act.

(5) There shall be paid out of the National Insurance Fund into the Consolidated Fund of Northern Ireland, at such times and in such manner as the Department of Finance may direct, such sums as the Department may estimate (in accordance with any directions given by the Department of Finance) to be the amount of the administrative expenses incurred as mentioned in subsection (3)(a) above, excluding—

(a) expenses attributable to the carrying into effect of provisions of this Act relating to the benefits which by virtue of subsection (2) above are not payable out of the National Insurance Fund; and

(b) any other category of expenses which the Department of Finance may direct, or any enactment may require, to be excluded from the Department's estimate under this subsection.

(6) Any sums repaid to the Department in pursuance of section 119(1) (effect of adjudication) shall—

(a) be paid by it into the Consolidated Fund of Northern Ireland in so far as they represent benefit which under this section is payable out of money hereafter appropriated for the purpose and not out of the National Insurance Fund; and

(b) otherwise, be paid by it into that Fund.

Payments for purposes of s. 92

130

(1) The Department may, with the consent of the Department of Finance—

(a) issue out of the National Insurance Fund sums equal to the respective amounts (as estimated in accordance with this section) which, but for any arrangement to which section 92 of this Act applies, would have been paid out of that Fund by way of benefit; and

(b) deal with those sums in accordance with the following provisions of this section.

(2) Any such sum which is attributable to an arrangement relating to the members, officers and servants of the Post Office shall be paid to the Post Office; and, subject to this, any such sum shall be paid to such person or fund (including the Consolidated Fund of Northern Ireland) as the Department of Finance may direct.

(3) The amounts mentioned in subsection (1)(a) above shall be estimated—

(a) where the payment is to be made into the Consolidated Fund of Northern Ireland, by the Department; and

(b) in any other case in such manner as may be agreed between the person receiving the payment (or responsible for the fund to which the payment is made) and the Department acting with the consent of the Department of Finance.

(4) Subsection (1) above shall not apply where the pay during absence from work covered by the relevant arrangement forms part of the expenses within section 129(5) above.

Payments for purposes of vocational training, etc.

131

There may be paid out of the National Insurance Fund such contributions as the Department, with the consent of the Department of Finance, may determine towards the cost of the provision, under the Disabled Persons (Employment) Act (Northern Ireland) 1945, for persons entitled to disablement benefit, of vocational training courses, industrial rehabilitation courses or facilities in connection with employment or work under special conditions; and any such contributions shall, in accordance with the directions of the Department of Finance, be applied as an appropriation in aid of the moneys appropriated by Measure of the Northern Ireland Assembly for the expenses of the Department of Manpower Services under that Act.

Advice

Advisory functions in relation to attendance allowance

132

The Attendance Allowance Board shall have (in addition to their other functions)—

(a) the functions of advising the Department on such matters as it may refer to them relating to—

(i) the operation of provisions of this Act in relation to attendance allowance (including questions as to the advisability of amending those provisions),

(ii) the exercise, in relation to attendance allowance, of the Department's powers under those provisions ; and

(b) such other functions, if any, as the Department may determine.

Co-ordination with Great Britain

133

(1) The Department may with the consent of the Department of Finance make arrangements with the Secretary of State (" the joint arrangements ") for co-ordinating the operation of this Act and the Social Security Act 1975 with a view to securing that, to the extent allowed for in the arrangements, those Acts provide a single system of social security for the United Kingdom.

(2) The responsibility of the Joint Authority continued in being by section 142(2) of the Social Security Act 1975 shall include that of giving effect to the joint arrangements, with power—

(a) to make any necessary financial adjustments between the Northern Ireland National Insurance Fund and the National Insurance Fund ; and

(b) to discharge such other functions as may be provided under the joint arrangements.

(3) The Department may make regulations for giving effect to the joint arrangements; and any such regulations may for the purposes of the arrangements provide—

(a) for adapting legislation (including subordinate legislation) for the time being in force in Northern Ireland so as to secure its reciprocal operation with Great Britain;

(b) without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the enactments in force in Northern Ireland have a corresponding effect in relation to Great Britain.

(4) Nothing in this Act prejudices the making of any arrangement by the Department under section 11 of the Northern Ireland Constitution Act 1973 for the exercise and performance by or by officers of a department of the Government of the United Kingdom on behalf of the Department of any of the powers and duties of the Department under this Act.

Reciprocity with other countries

134

(1) For the purpose of giving effect to any agreement with the government of a country outside the United Kingdom providing for reciprocity in matters relating to—

(a) payments in respect of interruption of employment by unemployment, sickness or otherwise ;

(b) payments in respect of the need of handicapped persons for attendance, the confinement of women, widowhood, orphanhood, retirement, old age, or death; or

Her Majesty may by Order in Council make provision for modifying or adapting this Act in its application to cases affected by the agreement.

(2) The modifications of this Act which may be made by virtue of subsection (1) above include provision—

(a) for securing that acts, omissions and events having any effect for the purposes of the law of the country in respect of which the agreement is made have a corresponding effect for the purposes of this Act (but not so as to confer a right to double benefit);

(b) for determining, in cases where rights accrue both under this Act and under the law of that country, which of those rights is to be available to the person concerned ;

Enforcement

Appointment and powers of inspectors

135

(1) For the purposes of this Act, the Department may appoint such inspectors, and pay to them such salaries or remuneration, as it may determine with the consent of the Department of Finance.

(2) An inspector appointed under this section shall, for the purposes of the execution of this Act, have the following powers—

(a) to enter at all reasonable times any premises liable to inspection under this Act;

(b) to make such examination and inquiry as may be necessary—

(i) for ascertaining whether the provisions of this Act are being, or have been, complied with in any such premises, or

(ii) for investigating the circumstances in which any injury or disease which has given or may give rise to a claim for industrial injuries benefit was or may have been received or contracted;

(c) to examine, either alone or in the presence of any other person, as he thinks fit, in relation to any matters under this Act on which he may reasonably require information, every person whom he finds in any such premises or whom he has reasonable cause to believe to be or to have been a person liable to pay contributions under this Act, and to require every such person to be so examined;

(d) to exercise such other powers as may be necessary for carrying this Act into effect.

(3) The premises liable to inspection under this Act are any where an inspector has reasonable ground for supposing that—

(a) any persons are employed ; or

(b) there is being carried on any agency or other business for the introduction or supply to persons requiring them of persons available to do work or to perform services ;

but do not include any private dwelling-house not used by, or by permission of, the occupier for the purposes of a trade or business.

(4) Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises for the purposes of this Act shall, if so required, produce the certificate.

(5) Where any premises are liable to be inspected by an inspector or officer appointed or employed by, or are under the control of, some other government department, the Department may make arrangements with that department for any of the powers or duties of inspectors under this Act to be carried out by an inspector or officer employed by that department; and, where such an arrangement is made, such inspectors or officers shall have all the powers of an inspector under this Act.

(6) In this section and section 136 below " premises " includes any place ; and in subsection (2)(b) and (c) above the references to this Act include the former principal Act and the former Industrial Injuries Act.

Duty to submit to inspection

136

(1) In accordance with this section, persons shall furnish to an inspector all such information, and produce for his inspection all such documents, as he may reasonably require for the purpose of ascertaining—

(a) whether any contributions under this Act are or have been payable, or have been duly paid, by or in respect of any person; or

(b) whether benefit is or was payable to or in respect of any person.

(2) The following persons are under the duty imposed by subsection (1) above—

(a) the occupier of any premises liable to inspection under this Act;

(b) any person who is or has been employing another;

(c) any person carrying on an agency or other business for the introduction or supply to persons requiring them of persons available to do work or perform services ;

(d) the servants or agents of any such person as is specified in paragraph (a), (b) or (c) above ; and

(e) any person who is or has been liable to pay such contributions;

but no one shall be required under this section to answer any questions or to give any evidence tending to incriminate himself or, in the case of a person who is married, his or her spouse.

(3) If a person—

(a) wilfully delays or obstructs an inspector in the exercise of any power under this Act; or

(b) refuses or neglects to answer any question or to furnish any information or to produce any document when required so to do under this Act;

he shall be liable on summary conviction to a fine not more than £50.

(4) Where a person is convicted of an offence under subsection (3)(b) above and the refusal or neglect is continued by him after his conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not more than £10 for each day on which it is so continued.

Offences and penalties

137

(1) If a person fails to pay, at or within the time prescribed for the purpose, any contribution which he is liable under Part I of this Act to pay, he shall be liable on summary conviction to a fine not more than £50.

(2) Subsection (1) above does not apply to Class 4 contributions recoverable by the Inland Revenue.

(3) If a person—

(a) buys, sells or offers for sale, takes or gives in exchange or pawns or takes in pawn a contribution card or a used contribution stamp ; or

(b) affixes a used contribution stamp to a contribution card; or

(c) for the purpose of obtaining any benefit or other payment under this Act, whether for himself or some other person, or for any other purpose connected with this Act—

(i) knowingly makes any false statement or false representation, or

(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

he shall be liable on summary conviction to a fine not more than £400, or to imprisonment for a term not more than 3 months, or to both.

(4) In this Act " contribution card " means any card issued under regulations for the purpose of payment of contributions by affixing stamps to it; and in any proceedings under subsection (3) above with respect to used stamps a stamp shall be deemed to have been used if it has been affixed to a contribution card or cancelled or defaced in any way whatsoever and whether or not it has actually been used for the payment of a contribution.

(5) Subject to other express provisions of this Act, regulations may provide for the recovery on summary conviction of penalties for offences under this Act of contravening or failure to comply with regulations; but penalties so provided shall not exceed—

(a) for any one offence, £50 ; or

(b) for an offence of continuing any such contravention or failure after conviction, £10 for each day on which it is so continued;

but this subsection does not apply to a contravention of, or failure to comply with, regulations requiring a person to submit himself to medical treatment.

General provisions as to prosecutions

138

(1) Proceedings for an offence under this Act shall not be instituted except by or with the consent of the Department or by an inspector or other officer authorised for that purpose by special or general directions of the Department.

(2) An inspector or other officer so authorised may, although not of counsel or a solicitor, prosecute or conduct before a magistrates' court any proceedings for such an offence.

(3) Notwithstanding any enactment prescribing the period within which summary proceedings may be commenced, proceedings for an offence under this Act may be commenced at any time within the period of 3 months from the date on which evidence, sufficient in the opinion of the Department to justify a prosecution for the offence, comes to its knowledge, or within the period of 12 months after the commission of the offence, whichever period last expires.

For the purposes of this subsection, a certificate purporting to be signed by the Head of the Department or a secretary or assistant secretary of the Department as to the date on which the evidence in question came to the knowledge of the Department is conclusive evidence of the date on which it did so.

(4) In proceedings for an offence under this Act, the wife or husband of the accused is competent to give evidence, whether for or against the accused :

Provided that the wife or husband is not compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him by the accused during the marriage.

(5) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.

Where the affairs of a body corporate are managed by its members, this paragraph applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Questions arising in proceedings

139

(1) Where in any proceedings—

(a) for an offence under this Act; or

(b) involving any question as to the payment of contributions under Part I (other than a Class 4 contribution recoverable by the Inland Revenue); or

any such question arises as is mentioned in section 93(1) of this Act, the decision of the Department shall be conclusive for the purposes of the proceedings.

(2) If a decision of any such question is necessary for the determination of proceedings, and the decision of the Department has not been obtained or a question has been raised with a view to a review of the decision obtained, the question shall be referred to the Department for determination or review in accordance (subject to any necessary modifications) with Part III of this Act.

(3) Subsection (1) above does not apply if an appeal under section 94 is pending, or the time for appealing has not expired, or a question has been raised with a view to a review of the Department's decision; and the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.

Unpaid contributions

Evidence of non-payment

140

(1) Subsection (2) below applies with respect to any period during which, under regulations made by virtue of paragraph 5(1) of Schedule 1 to this Act (deduction with P.A.Y.E.), contributions fall to be paid in like manner as income tax.

(2) A certificate of a collector of taxes that any amount by way of contributions which a person is liable to pay to that collector for any period has not been paid—

(a) to him, or

(b) to the best of his knowledge and belief, to any other person to whom it might lawfully be paid,

shall until the contrary is proved be sufficient evidence in any proceedings before any court that the sum mentioned in the certificate is unpaid and due.

(3) A document purporting to be such a certificate shall be deemed to be such a certificate until the contrary is proved.

(4) A statutory declaration by an officer of the Department or of the Secretary of State that the searches specified in the declaration for a particular contribution card or for a record of the payment of a particular contribution have been made and that the card in question or a record of the payment of the contribution in question has not been found is admissible in any proceedings for an offence as evidence of the facts stated in the declaration.

(5) Nothing in subsection (4) above makes a statutory declaration admissible as evidence in proceedings for an offence except in a case where, and to the extent to which, oral evidence to the like effect would have been admissible in those proceedings.

(6) Nothing in subsections (4) and (5) above makes a statutory declaration admissible as evidence in proceedings for an offence—

(a) unless a copy of it has, not less than 7 days before the hearing or trial, been served on the person charged with the offence in any manner in which a summons in a summary prosecution may be served ; or

(b) if that person, not later than 3 days before the hearing or trial or within such further time as the court may in special circumstances allow, gives notice to the prosecutor requiring the attendance at the trial of the person by whom the declaration was made.

Recovery on prosecution

141

(1) Where a person has been convicted of the offence under section 137(1) of this Act of failing to pay a contribution at or within the time prescribed for the purpose and the contribution remains unpaid at the date of the conviction, he shall be liable to pay to the Department a sum equal to the amount which he failed to pay.

(2) Where—

(a) a person is convicted of an offence under section 137(3)(b) of this Act, or of an offence under section 13 of the Stamp Duties Management Act 1891 as applied by regulations made under paragraph 6(3) of Schedule 1 to this Act, or of an offence of contravening or failing to comply with regulations ; and

(b) the evidence on which he is convicted shows that he, for the purpose of paying any contribution which he was liable or entitled to pay, has affixed to any contribution card any used contribution stamp ; and

(c) the contribution (not being a Class 3 contribution) in respect of which the stamp was affixed remains unpaid at the date of the conviction,

he shall be liable to pay to the Department a sum equal to the amount of the contribution.

Proof of previous offences

142

(1) Subject to and in accordance with the following subsections, where a person is convicted of an offence mentioned in section 141(1) or (2)(a) above, evidence may be given of any previous failure by him to pay contributions under this Act, or reserve scheme contributions or premiums under the 1973 Act, within the time prescribed for the purpose; and in those subsections " the conviction " and " the offence " mean respectively the conviction referred to in this subsection and the offence of which the person is convicted.

(2) Such evidence may be given only if notice of intention to give it is served with the summons or warrant on which the person appeared before the court which convicted him.

(3) If the offence is one of failure to pay a Class 1 contribution, evidence may be given of failure on his part to pay (whether or not in respect of the same person) such contributions, or reserve scheme contributions or premiums, on the date of the offence, or during the 2 years preceding that date.

(4) If the offence is one of failure to pay Class 2 contributions or is one of those mentioned in section 141(2)(a), evidence may be given of his failure to pay such contributions during those 2 years.

(5) On proof of any matter of which evidence may be given under subsection (3) or (4) above, the person convicted shall be liable to pay to the Department a sum equal to the total of all amounts (whether contributions, premiums or both) which he is so proved to have failed to pay and which remain unpaid at the date of the conviction.

Provisions supplementary to ss. 141, 142

143

(1) Where a person is convicted of an offence to which section 141(1) or (2)(a) applies and an order is made under the Probation Act (Northern Ireland) 1950 placing the offender on probation or discharging him absolutely or conditionally, sections 141 and 142 above shall apply as if it were a conviction for all purposes.

(2) Where a body corporate fails to pay any sum which it is liable to pay under sections 141 and 142, that sum (or such part of it as remains unpaid) shall be a debt due to the Department jointly and severally from any directors of the body corporate who knew, or could reasonably be expected to have known, of the failure to pay the contributions or premiums in question.

(3) Any sum which a person is liable to pay under those provisions shall be recoverable from him as a penalty.

(4) Sums recovered by the Department under those provisions, so far as representing contributions of any class payable under Part I of this Act, are to be treated for all purposes of this Act (including in particular the supplements under section 1(5) and the application of section 128) as contributions of that class received by the Department.

(5) Without prejudice to subsection (4) above, insofar as such sums represent primary Class 1 or Class 2 contributions, they are to be treated as contributions paid in respect of the person in respect of whom they were originally payable; and provisions of this Act relating to earnings factors shall apply accordingly.

(6) Subsections (4) and (5) above, as they apply to sums recovered by the Department under the provisions mentioned in subsection (2), apply also to any sums recovered under paragraph 9 of Schedule 23 to the 1973 Act (recovery of contributions etc. for purposes of reserve scheme).

Priority in bankruptcy, etc.

144

(1) Subject to and in accordance with Schedule 15 to this Act, the debts specified in subsection (2) of this section shall be included among those accorded priority under the relevant enactments specified in that Schedule (being enactments relating to personal insolvency, companies' winding-up and the remedies of debenture holders and chargees).

(2) The debts referred to above are any sums owed on account of Class 1 contributions (primary or secondary) or Class 2 contributions payable in either case under this Act or the Social Security Act 1975 in the period of 12 months immediately preceding the date of the relevant event (which expression has the meaning indicated by Schedule 15).

(3) Any priority accorded by the enactments relating to personal insolvency which are specified in Schedule 15 to this Act to debts consisting of income tax assessed and unpaid shall be accorded, to the same extent and subject to the same limitations, to debts consisting of Class 4 contributions (under this Act or the Social Security Act 1975) assessed and unpaid, so far as owed to the Inland Revenue and not to the Department or the Secretary of State.

Matters particularly relating to industrial injuries, etc.

Research on industrial injuries, etc.

145

(1) The Department may promote research into the causes and incidence of accidents arising out of and in the course of employment, or injuries and diseases which—

(a) are due to the nature of employment; or

(b) it is contemplated might be prescribed for the purposes of Chapter V of Part II of this Act,

either by itself employing persons to conduct such research or by contributing to the expenses of, or otherwise assisting, other persons engaged in such research.

(2) The Department may pay to persons so employed by it such salaries or remuneration, and such travelling and other allowances, as it may determine with the consent of the Department of Finance.

Control of pneumoconiosis

146

As respects pneumoconiosis, regulations may provide—

(a) for requiring persons to be medically examined before, or within a prescribed period after, becoming employed in any occupation in relation to which pneumoconiosis is prescribed, and to be medically examined periodically while so employed, and to furnish information required for the purposes of any such examination ;

(b) for suspending from employment in any such occupation, and in such other occupations as may be prescribed, persons found on such an examination—

(i) to be suffering from pneumoconiosis or tuberculosis; or

(ii) to be unsuitable for such employment, having regard to the risk of pneumoconiosis and such other matters affecting their susceptibility thereto as may be prescribed;

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