Social Security (Northern Ireland) Act 1975

Where for any purpose of this Act or regulations the weekly rate at which a person contributes to the cost of providing for a child, or to the maintenance of an adult dependant, is to be calculated for a period beginning on or after the commencing date for an increase in the weekly rate of benefit, but account is to be taken of amounts referable to the period before the commencing date, then those amounts shall be treated as increased in proportion to the increase in the weekly rate of benefit; but this paragraph has effect subject to such exceptions or conditions (if any) as may be prescribed.

SCHEDULE 15

1

• (1) The relevant enactments relating to personal insolvency are the provisions of the Preferential Payments (Bankruptcies and Arrangements) Act (Northern Ireland) 1964.

• (2) For the operation of those enactments, " the relevant event" in section 144(2) is to be construed as meaning the order of adjudication or the filing of the petition of arrangement, or the death.

2

• (1) The relevant enactment relating to companies' winding-up is section 287 of the Companies Act (Northern Ireland) 1960: but no priority under that enactment is extended by section 144(1) where a company is being wound up voluntarily merely for the purposes of reconstruction or amalgamation with another company.

• (2) For the operation of that enactment " the relevant event" in section 144(2) is to be construed as follows—

• (a) where the company is wound up compulsorily—

• (i) if it had previously commenced to be wound up voluntarily, " the relevant event" means the passing of the winding-up resolution, and

• (ii) otherwise, it means the appointment (or first appointment) of a provisional liquidator or, in the absence of such an appointment, the making of the winding-up order;

• (b) in any other case, " the relevant event" means the passing of the winding-up resolution.

3

• (1) The relevant enactment relating to the remedies of debenture holders and chargees is section 92 of the Companies Act (Northern Ireland) 1960.

• (2) For the operation of that enactment, " the relevant event" in section 144(2) is to be construed as follows—

• (a) where a receiver is appointed on behalf of debenture holders or by or on the application of the holders of a floating charge, it means that appointment; and

• (b) where possession of any property is taken by or on behalf of debenture holders or the holders of a floating charge, it means that taking of possession.

SCHEDULE 16

Implementation of schemes

1

The Department may by order approve a supplementary scheme whether with or without amendment, if it is satisfied that it is expedient that the scheme should come into operation:

2

Subject to the provisions of this paragraph, and to paragraphs 3 to 5 below, a supplementary scheme may—

• (a) apply for the purposes of the scheme (including in particular the purpose of determining any question as to the application of the scheme to any person or class of persons) any of the provisions of this Act or of regulations, with or without modifications ;

• (b) make such provision for the constitution of a body to be charged with the administration of the scheme, and with respect to the supervision of the administration of the scheme and accounts, as the Department considers to be necessary for the purpose of giving effect to the scheme (including provision for the making of returns to the Department as to matters affecting the operation of the scheme);

• (c) provide for the participation of the Department in the administration of the scheme to such an extent and for such purposes as may be therein specified ;

• (d) provide for defraying, out of any funds which may be available for the purposes of the scheme, such fees and other charges as may be determined by the Department, with the concurrence of the Department of Finance, in respect of the participation of the Department in the administration of the scheme ;

• (e) contain such other provisions as the Department considers to be necessary for the purpose of giving effect to the scheme.

3

A supplementary scheme may empower the body charged with the administration of the scheme to make, if the Department so directs, such temporary modifications in any of the rates of contribution or the rates or periods of benefit under the scheme as are, in the opinion of the Department, sufficient to secure the solvency of the fund constituted under the scheme.

4

No part of the funds required for providing benefits under a supplementary scheme, or otherwise in connection therewith, shall be derived from money appropriated by Measure of the Northern Ireland Assembly; but this paragraph does not prevent the making, in respect of persons whose remuneration is or may be defrayed out of money so appropriated, of a scheme whereunder contributions are payable by employers.

5

Subject to paragraphs 6 to 9 below, a supplementary scheme when approved by the Department shall continue in force until determined in accordance with its provisions.

Amendment and consolidation of schemes

6

The Department may by order—

• (a) vary or amend the provisions of a supplementary scheme in any manner and at any time if so requested by—

• (i) the body by whom the scheme was submitted, or any other body of persons which in its opinion is concerned as representing employed earners or employers ; or

• (ii) the body charged with the administration of the scheme ; and

• (b) where it appears to the Department that, having regard to any periodic audit and valuation, the fund constituted under the scheme—

• (i) is or is likely to become, and is likely to continue to be, insufficient to discharge its liabilities ; or

• (ii) is and is likely to continue to be more than reasonably sufficient to discharge its liabilities,

after consultation with the last-mentioned body make such modifications in any of the rates of contribution or the rates or periods of benefit under the scheme as appear to it to be required in order to make the fund, as the case may be, sufficient or no more than reasonably sufficient to discharge its liabilities.

7

An order under paragraph 6 above with respect to any supplementary scheme may replace all or any of the provisions of the scheme (whether or not previously amended, varied or modified under that paragraph) with new provisions consolidating those provisions as they are to have effect with the amendments, variations or modifications to be made by the order.

8

The Department, after consulting the body charged with the administration of a supplementary scheme, may make an order under this paragraph for the purpose of consolidating the provisions of the scheme as for the time being amended, varied or modified.

9

An order made by virtue of paragraph 7 or 8 above may revoke previous orders under paragraph 6, 7 or 8 relating to the scheme so far as they are superseded by the consolidation or have otherwise become obsolete or unnecessary.

Set-off of overpayments

10

• (1) Where a person who has received a payment in respect of any period under a supplementary scheme is subsequently found to be entitled in respect of that period to a payment by way of benefit, the entitlement to or payment of which disentitles him to the whole or part of the amount of the payment under the scheme, any payment by way of that benefit may, at the discretion of the Department, be abated by the amount of the overpayment under the scheme or so much thereof as has not been repaid to the fund out of which it was made.

• (2) In this paragraph and paragraph 11 below, "benefit" means benefit under Part II of this Act or under the former principal Act.

11

Where a person has received in respect of any period a payment by way of benefit which disentitles him to a payment which would otherwise be payable to him in respect of that period under a supplementary scheme and he is subsequently found not to have been entitled to the whole or part of the amount of that payment of benefit, any payment under the scheme in respect of that period may, at the discretion of the person by whom the payment falls to be made, be abated by the amount of benefit overpaid or so much thereof as has not been—

• (a) repaid or otherwise recovered, or

• (b) treated as having been paid on account of any other benefit payable in respect of that period, or on account of an allowance under the Family Allowances Act so payable.

12

The amount by which a payment to any person is abated under paragraph 10 or 11 above on account of some other payment to that person shall not be otherwise recoverable from that person and shall be made good out of the fund out of which the abated payment fell to be made to the fund out of which that other payment was made.

Exemption of certain documents from stamp duty

13

Stamp duty shall not be chargeable on any of the following documents—

• (a) a letter or power of attorney granted by any person as trustee for the transfer of any money vested in his name in the public funds or in any other securities and forming part of any funds applicable for the purposes of a supplementary scheme ;

• (b) an agreement made or given for the purpose of, or in connection with, a supplementary scheme ;

• (c) the appointment or revocation of appointment of an agent, the appointment of a new trustee, and any conveyance or transfer made for effectuating the appointment of a new trustee and any other document authorised by or in pursuance of a supplementary scheme.

14

Paragraph 13 above is without prejudice to section 153 of this Act.

SCHEDULE 17

Adjudicating officials and bodies.

1–96

98–157

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

1–4

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

7A

• (1) The provisions regulating the pensions which may be recieved under paragraph 6 are to take effect subject to the modifications contained in this paragraph.

• (2) In this paragraph—

• “ Commissioners’ pension scheme ” means the occupational pension scheme constituted by this Act and the Judicial Pensions Act (Northern Ireland) 1951;

• “ election ” means an election made under sub-paragraph (3);

• ...............

• (3) A person who is eligible for a pension in respect of his office as a Commissioner shall while in that office:

• (a) be deemed to be a member of the Commisioners’ pension scheme except during such time as an election is in force in respect of him; and

• (b) be entitled at any time to serve on the Lord Chancellor a written notice of election not to be a member of the Commissioners' pension scheme, to take effect on a date not less than one month after the date on which it was served.

• (4) At any time after a person has made an election and while he continues to hold office as a Commissioner:

• (a) he may make a written application to the Lord Chancellor requesting admission to membership of the Commissioners’ pension scheme; and

• (b) the Lord Chancellor may, if satisfied that the applicant is in good health, admit him to that scheme on a date not less than three months after the date on which the application was served; and

• (c) upon the date of the applicant’s admission to the Commissioners’ pension scheme, his election shall cease to be in force.

• (5) An applicant under sub-paragraph (4) shall supply such evidence relating to his health as the Lord Chancellor may reasonably require and shall submit to any medical examination reasonably specified by the Lord Chancellor.

• (6) The Lord Chancellor shall notify an applicant under sub-paragraph (4) of his decision in writing within three months after the date on which the application was served.

• (7) Subject to the provisions of sub-paragraph (4), an election shall be irrevocable.

• (8) An election shall not affect its maker’s eligibility for a pension which accrued under a judicial pension scheme before that election came into force.

• (9) While an election remains in force in respect of a person, his service shall not be counted as service or relevant service in computing the pension for which he is eligible under any judicial pension scheme.

Appeals.

7B

• (1) If any person to whom this section applies is aggrieved by any decision taken by the administrators of a relevant pension scheme concerning—

• (a) the interpretation of the rules of the scheme, or

• (b) the exercise of any discretion under the scheme,

he shall have a right of appeal to the Lord Chancellor against that decision.

• (2) On deciding an appeal under this paragraph, the Lord Chancellor may give to the administrators such directions as he considers necessary or expedient for implementing his decision.

• (3) The persons to whom this paragraph applies are the following—

• (a) any member of the scheme;

• (b) the surviving spouse or surviving civil partner, or any surviving dependant, of a deceased member of the scheme;

• (c) where the decision relates to the question—

• (i) whether a person who claims to be such a person as is mentioned in paragraph (a) or (b) is such a person, or

• (ii) whether a person who claims to be entitled to become a member of the scheme is so entitled,

the person so claiming.

• (4) The Lord Chancellor may by regulations make provision as to the manner in which, and time within which, appeals under this paragraph are to be brought.

• (5) Regulations made under this section shall be subject to annulment in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

• (6) The administrators shall be entitled to appear and be heard on any appeal under this paragraph.

• (7) In this paragraph—

• “the administrators”, in relation to a pension scheme, means the persons entrusted with the administration of the scheme;

• “member”, in relation to a pension scheme, means a person whose service in an office is, was or is to be subject to the scheme;

• “relevant pension scheme” means any pension scheme constituted under or by virtue of this Act;

• “rules”, in relation to a relevant pension scheme, means the provisions of this Act, and of any regulations or orders made under this Act, so far as relating to that scheme.

Editorial notes

[^c707547]: Act amended (retrospective to 23.7.1987) by 1994 c. 1. s. 3(2)

[^c707548]: Whole Act, except sections 97(4) and 158 and paragraphs 5(2), 6, 7 and 7A of Schedule 10 repealed (with effect from 1.7.92) by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9, SIF 113:1), s. 3 Sch. 1.

[^c707549]: Power, to amend or repeal any provision of this Act which relates to mobility allowance, conferred by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9, SIF 113:1), s. 5, Sch. 3 para. 21(3)(4)

[^c707550]: Power to modify Act conferred by S.I. 1985/1209 (N.I.16) art. 7(1)(a), and 1986/1888 (N.I.18), arts. 18(1)(3)(h), 79(1)(6)

[^c707551]: Act modified by S.I. 1976/2148

[^c707552]: Act modified by S.R. 1976/196, 1977/336, 1978/114, 1978/202, 1978/327, 1979/186, regs. 54, 110, 115, 117, 1979/244 reg. 3, 1979/303, 1981/363, art. 2, 1982/370, art. 2, and 1983/36, 1983/387, 432, 1984/90, 449, 1985/205, 1987/231, 399, 402, 1988/119, 1989/100, 137, 427, 428, 1991/139, 1992/151, 269

[^c707553]: Act extended by S.I. 1975/1503 (N.I.15), art. 2(3) and by S.R. 1984/92 reg. 4

[^c707554]: Act excluded by S.I. 1982/1082 (N.I.14), art. 6 and S.R. 1987/152 reg. 2(5).

[^c707555]: Act applied by S.R. 1988/374.

[^c707556]: The base date version of this Act is as revised to 1.7.1992 and takes account of the effects of the consolidating legislation which came into force at that date

[^c707557]: Act partly in force 6.4.1975, see s. 158(3). Act wholly in force at 17.11.1975.

[^c707558]: Act: power to amend conferred (7.2.1994) by 1993 c. 49, s. 173; S.R. 1994/17, art. 2

[^c707559]: Act: power to amend (for specified purposes) conferred (1.12.1999 for the purpose only of the exercise of any power to make regulations) by S.I. 1999/3147, art. 40(1)(2)(f) and (1.12.2000 in so far as not already in operation) by S.R. 2000/133, art. 2(3)(d), Sch. Pt. IV

[^c707560]: Whole Act, except sections 97(4) and 158 and paragraphs 5(2), 6, 7 and 7A of Schedule 10 repealed by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9, SIF 113:1), s. 3 Schs. 1, 3.

[^c707561]: Whole Act, except sections 97(4) and 158 and paragraphs 5(2), 6, 7 and 7A of Schedule 10 repealed by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9, SIF 113:1), s. 3 Schs. 1, 3.

[^c707562]: The reference to “this part of this Act” is a reference to Part III (ss. 93–119)

[^c707563]: Power to amend s. 97(4) conferred by S.I. 1986/1888 (N.I. 18), arts. 18(2)(3)(h), 79(1)(6)

[^c707564]: S. 97(4): Power to modify conferred (7.2.1994) by 1993 c. 49, ss. 182, 183, 184, Sch. 5 Pt. II para. 17(2)(3)(h); S.R. 1994/17, art. 2

[^c707565]: Whole Act, except sections 97(4) and 158 and paragraphs 5(2), 6, 7 and 7A of Schedule 10 repealed by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9, SIF 113:1), s. 3 Schs. 1, 3 (subject as regards s. 128 to an amendment (retrospective in effect as mentioned in art. 4(3) of the amending S.I.) by S.I. 1994/765 (N.I. 4), art. 4(3)

[^c707567]: Words in s. 158 inserted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 14(a).

[^c707568]: S. 158(2A) inserted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 14(b).

[^c707569]: 1975 c. 18.

[^c707570]: Whole Act, except sections 97(4) and 158 and paragraphs 5(2), 6, 7 and 7A of Schedule 10 repealed by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9, SIF 113:1), s. 3 Schs. 1, 3.

[^c707575]: Whole Act, except sections 97(4) and 158 and paragraphs 5(2), 6, 7 and 7A of Schedule 10 repealed by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9, SIF 113:1), s. 3 Schs. 1, 3.

[^c707576]: Whole Act, except sections 97(4) and 158 and paragraphs 5(2), 6, 7 and 7A of Schedule 10 repealed by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9, SIF 113:1), s. 3 Schs. 1, 3.

[^c707577]: Sch. 10 para 5(2): Power to modify conferred (7.2.1994) by 1993 c. 49, ss. 182, 183, 184, Sch. 5 Pt. II para. 17(2)(3)(h); S.R. 1994/17, art. 2

[^c707578]: 1951 c. 20 (N.I.)

[^c707579]: Para. 5(3) added by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9, SIF 113:1), s. 4, Sch. 2 para. 10(1).

[^c707592]: Para. 6 excluded by Social Security Administration (Northern Ireland) Act 1992 (c. 8, SIF 113:1), ss. 39, 41, 48–50 Sch. 2 para. 1(6)

[^c707593]: Para. 6: certain functions transferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 82, Sch. 9 Pt. II, paras. 3(1)(a), 4, 8(2)

[^c707594]: Sch. 10 para. 6: power to modify conferred (7.2.1994) by 1993 c. 49, ss. 182, 183, 184, Sch. 5 Pt. II para. 17(2)(3)(h); S.R. 1994/17, art. 2

[^c707595]: Words substituted by Social Security Act 1986 (c. 50, SIF 113:1) s. 82, Sch. 9 para. 10(1)(a)

[^c707596]: Word substituted by Social Security Act 1986 (c. 50, SIF 113:1) s. 82, Sch. 9 para. 10(1)(b)

[^c707597]: Words substituted by Social Security Act 1986 (c. 50, SIF 113:1) s. 82, Sch. 9 para. 10(2)

[^c707598]: Para. 6(1)(a) substituted by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9, SIF 113:1), s. 4, Sch. 2 para. 10(2).

[^c707599]: 1992 c. 8(113:1).

[^c707601]: Sch. 10 para. 6(1A) inserted (31.3.1995) by 1993 c. 8, s. 31, Sch. 8 para.11; S.I. 1995/631, art. 2

[^c707603]: Sch. 10 para. 6(4) repealed (31.3.1995) by 1993 c. 8, ss. 24, 31, Sch.3 Pt. III para. 7(1)(c), Sch. 9; S.I. 1995/631, art. 2.

[^c707604]: 1951 c. 20 (N.I.)

[^c707605]: Para. 7 excluded by Social Security Administration (Northern Ireland) Act 1992 (c. 8, SIF 113:1), ss. 39, 41, 48–50 Sch. 2 para. 1(6)

[^c707606]: Para. 7: certain functions transferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 82, Sch. 9 Pt. II, paras. 3(1)(a), 4, 8(2)

[^c707607]: Words substituted by Social Security Act 1986 (c. 50, SIF 113:1) s. 82, Sch. 9 para. 10(1)(a)

[^c707612]: 1951 c. 20 (N.I.)

[^c707613]: Words substituted by Social Security Act 1986 (c. 50, SIF 113:1) s. 82, Sch. 9 para. 10(3).

[^c707614]: Word substituted by Social Security Act 1986 (c. 50, SIF 113:1) s. 82, Sch. 9 para. 10(1)(b)

[^c707619]: Para. 7A inserted by S.R. (N.I.) No. 1989/100, reg. 5 Sch. 4.

[^c707620]: Para. 7A excluded by Social Security Administration (Northern Ireland) Act 1992 (c. 8, SIF 113:1), ss. 39, 41, 48–50 Sch. 2 para. 1(6)

[^c707621]: Sch. 10 para. 7A: power to modify conferred (7.2.1994) by 1993 c. 49, ss. 182, 183, 184, Sch. 5 Pt. II para. 17(2)(3)(h); S.R. 1994/17, art. 2

[^c707623]: Sch. 10 para. 7A(3) modified (31.3.1995) by 1993 c. 8, ss. 13(8)(9)(f); S.I. 1995/631, art. 2

[^c707624]: Sch. 10 para. 7B inserted (31.3.1995) by virtue of 1993 c.8, s. 24, Sch. 3 Pt. III, para. 7(4); S.I. 1995/631, art. 2

[^c707573]: Certain functions transferred by S.R. 1976/281, art. 3, Sch., S.I. 1982/338 (N.I. 6) arts. 3, 4(1) and Social Security Act 1986 (c. 50 SIF 113:1) s. 82, Sch. 9 Pt. III para. 10

[^c707574]: Power to amend Sch. 10 conferred by S.I. 1986/1888 (N.I. 18), arts. 18(3), 79(1)(6)

[^c707625]: Whole Act, except sections 97(4) and 158 and paragraphs 5(2), 6, 7 and 7A of Schedule 10 repealed by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9, SIF 113:1), s. 3 Schs. 1, 3.

[^key-3a62a3a43a748a20e9fc9c133f371fcc]: Words in Sch. 10 para. 7A(2) omitted (19.12.2003) by virtue of The Election Against Benefits Regulations (Northern Ireland) 2003 (S.R. 2003/482), regs. 1(1), 4(2)(a)

[^key-0fed4dc58c7f341d32cc08b4d20e009e]: Sch. 10 para. 7A(3)(b) substituted (19.12.2003) by The Election Against Benefits Regulations (Northern Ireland) 2003 (S.R. 2003/482), regs. 1(1), 4(2)(b)

[^key-722e6c17fa89d8c403faf02e2b7a849c]: Sch. 10 para. 6(1ZA)(1ZB) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 5 para. 21(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)

[^key-d0a0a2b3e6acd9a0f8bff14d5be50970]: Sch. 10 para. 7(5A)(5B) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 5 para. 21(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)

[^key-ca4cf64feb4a783e72fb4e32f0e90d87]: Act modified by S.R. 1992/269, art. 2 (as amended (15.7.2015) by The Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations (Northern Ireland) 2015 (S.R. 2015/281), regs. 1(1), 3(1))

[^key-9cf9730f30d5ad2d189ff0c7b43826de]: Act modified by S.R. 1983/432, art. 2 (as amended (15.7.2015) by The Social Security (Application of Reciprocal Agreements with Australia, Canada and New Zealand) (EEA States and Switzerland) Regulations (Northern Ireland) 2015 (S.R. 2015/281), regs. 1(1), 3(3))

[^key-835c50e40fffd11d6104c1e9a85c2622]: Words in Sch. 10 para. 7(8)(b) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 60(a) (with regs. 6-9)

[^key-19eba1a5e6225315e02c99c6e2628fde]: Words in Sch. 10 para. 7B(3)(b) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 60(b) (with regs. 6-9)

Appeals.