Social Security Administration (Northern Ireland) Act 1992

Part I — Claims for and Payments and General Administration of Benefit

Necessity of claim

Entitlement to benefit dependent on claim

1

• (1) Except in such cases as may be prescribed, and subject to the following provisions of this section and to section 3 below, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied—

• (a) he makes a claim for it in the manner, and within the time, prescribed in relation to that benefit by regulations under this Part of this Act; or

• (b) he is treated by virtue of such regulations as making a claim for it.

• (1A) No person whose entitlement to any benefit depends on his making a claim shall be entitled to the benefit unless subsection (1B) below is satisfied in relation both to the person making the claim and to any other person in respect of whom he is claiming benefit.

• (1B) This subsection is satisfied in relation to a person if—

• (a) the claim is accompanied by—

• (i) a statement of the person’s national insurance number and information or evidence establishing that that number has been allocated to the person; or

• (ii) information or evidence enabling the national insurance number that has been allocated to the person to be ascertained; or

• (b) the person makes an application for a national insurance number to be allocated to him which is accompanied by information or evidence enabling such a number to be so allocated.

• (1C) Regulations may make provision disapplying subsection (1A) above in the case of—

• (a) prescribed benefits;

• (b) prescribed descriptions of persons making claims; or

• (c) prescribed descriptions of persons in respect of whom benefit is claimed,

or in other prescribed circumstances.

• (2) Where under subsection (1) a person is required to make a claim or to be treated as making a claim for a benefit in order to be entitled to it, the person is not entitled to it in respect of any period more than 12 months before the date on which the claim is made or treated as made.

• (2A) But subsection (2) does not apply—

• (a) to disablement benefit or reduced earnings allowance, or

• (b) in a case where a claim for the benefit is made or treated as made by virtue of section 3(2).

• (3) Where a person purports to make a claim on behalf of another—

• (za) for personal independence payment by virtue of Article 87 of the Welfare Reform (Northern Ireland) Order 2015; or

• (a) for an attendance allowance by virtue of section 66(1) of the Contributions and Benefits Act;...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

that other shall be regarded for the purposes of this section as making the claim, notwithstanding that it is made without his knowledge or authority.

• (4) In this section and section 2 below “benefit” means—

• (za) universal credit;

• (zb) state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;

• (zc) bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;

• (a) benefit as defined in section 121 of the Contributions and Benefits Act;

• (aa) a jobseeker’s allowance;and

• (ab) state pension credit;

• (ac) an employment and support allowance;

• (ad) personal independence payment.

• (b) any income-related benefit.

• (5) This section (which corresponds to section 154A of the 1975 Act, as it had effect immediately before this Act came into force) applies to claims made on or after 1st October 1990 or treated by virtue of regulations under that section or this section as having been made on or after that date.

• (6) Schedule 1 to this Act shall have effect in relation to other claims.

Penalty as alternative to prosecution: colluding employers, etc.

2

• (1) This section applies where a claim for benefit is made or treated as made at any time on or after 2nd September 1985 (the date on which section 154A of the 1975 Act (general provision as to necessity of claim for entitlement to benefit), as originally enacted, came into force) in respect of a period the whole or any part of which falls on or after that date.

• (2) Where this section applies, any question arising as to—

• (a) whether the claimant is or was at any time (whether before, on or after 2nd September 1985) entitled to the benefit in question, or to any other benefit on which his entitlement to that benefit depends; or

• (b) in a case where the claimant’s entitlement to the benefit depends on the entitlement of another person to a benefit, whether that other person is or was so entitled,

shall be determined as if the relevant claim enactment and any regulations made under or referred to in that enactment had also been in force, with any necessary modifications, at all times relevant for the purpose of determining the entitlement of the claimant, and, where applicable, of the other person, to the benefit or benefits in question (including the entitlement of any person to any benefit on which that entitlement depends, and so on).

• (3) In this section “the relevant claim enactment” means section 1 above as it has effect in relation to the claim referred to in subsection (1) above.

• (4) In any case where—

• (a) a claim for benefit was made or treated as made (whether before, on or after 2nd September 1985, and whether by the same claimant as the claim referred to in subsection (1) above or not), and benefit was awarded on that claim, in respect of a period falling wholly or partly before that date; but

• (b) that award would not have been made had the current requirements applied in relation to claims for benefit, whenever made, in respect of periods before that date; and

• (c) entitlement to the benefit claimed as mentioned in subsection (1) above depends on whether the claimant or some other person was previously entitled or treated as entitled to that or some other benefit,

then, in determining whether the conditions of entitlement to the benefit so claimed are satisfied, the person to whom benefit was awarded as mentioned in paragraphs (a) and (b) above shall be taken to have been entitled to the benefit so awarded, notwithstanding anything in subsection (2) above.

• (5) In subsection (4) above “the current requirements” means—

• (a) the relevant claim enactment, and any regulations made under or referred to in that enactment, or referred to in it, as in force at the time of the claim referred to in subsection (1) above, with any necessary modifications; and

• (b) subsection (1) (with the omission of the words following “at any time”) and subsections (2) and (3) above.

Bereavement benefits

Personal representatives to give information about the estate of a deceased person who was in receipt of income support or supplementary benefit.

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• (1) This section applies where a person’s spouse or civil partner has died or maybe presumed to have died on or after the appointed day and the circumstances are such that—

• (a) more than 12 months have elapsed since the date of death; and

• (b) either—

• (i) the spouse’s or civil partner's body has not been discovered or identified or, if it has been discovered and identified, the surviving spouse or civil partner does not know that fact; or

• (ii) less than 12 months have elapsed since the surviving spouse or civil partner first knew of the discovery and identification of the body.

• (2) Where this section applies, notwithstanding that any time prescribed for making a claim for a bereavement benefit in respect of the death has elapsed, then—

• (a) in any case falling within paragraph (b)(i) of subsection (1) above, where it has been decided under Article 9 of the Social Security (Northern Ireland) Order 1998 that the spouse or civil partner has died or is presumed to have died; or

• (b) in any case falling within paragraph (b)(ii) of subsection (1) above where the identification was made not more than 12 months before the surviving spouse or civil partner first knew of the discovery and identification of the body,

such a claim may be made or treated as made at any time before the expiration of the period of 12 months beginning with the date on which that decision was made or, as the case may be, the date on which the surviving spouse or civil partner first knew of the discovery and identification.

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

• (4) In subsection (1) above “the appointed day” means the day appointed for the coming into operation of Articles 51 to 53 of the Welfare Reform and Pensions (Northern Ireland) Order 1999.

• (5) In subsection (2) “bereavement benefit” means—

• (a) bereavement support payment, or

• (b) widowed parent's allowance.

Treatment of payments of benefit to certain widows

4

In any case where—

• (a) a claim for a widow’s pension or a widowed mother’s allowance is made, or treated as made, before 14th August 1990 (the date of the coming into operation of paragraph 16(2) of Schedule 6 to the Social Security (Northern Ireland) Order 1990); and

• (b) the Department has made a payment to or for the claimant on the ground that, if the claim had been received immediately after that date, she would have been entitled to that pension or allowance, or entitled to it at a higher rate, for the period in respect of which the payment is made,

the payment so made shall be treated as a payment of that pension or allowance; and, if and to the extent that an award of the pension or allowance, or an award at a higher rate, is made for the period in respect of which the payment was made, the payment shall be treated as made in accordance with that award.

Claims and payments regulations

Regulations about claims for and payments of benefit

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• (1) Regulations may provide—

• (a) for requiring a claim for a benefit to which this section applies to be made by such person, in such manner and within such time as may be prescribed;

• (b) for treating such a claim made in such circumstances as may be prescribed as having been made at such date earlier or later than that at which it is made as may be prescribed;

• (c) for permitting such a claim to be made, or treated as if made, for a period wholly or partly after the date on which it is made;

• (d) for permitting an award on such a claim to be made for such a period subject to

• (i) the condition that the requirements for entitlement are satisfied at a prescribed time after the making of the award, or

• (ii) other prescribed conditions;

• (e) for any such award to be revised under Article 10 of the Social Security (Northern Ireland) Order 1998, or superseded under Article 11 of that Order, if any of the conditions referred to in paragraph (d) are found not to have been satisfied;

• (f) for the disallowance on any ground of a person’s claim for a benefit to which this section applies to be treated as a disallowance of any further claim by that person for that benefit until the grounds of the original disallowance have ceased to exist;

• (g) for enabling one person to act for another in relation to a claim for a benefit to which this section applies (including in particular, in the case of a benefit to be claimed by persons jointly, enabling one person to claim for such persons jointly) and for enabling such a claim to be made and proceeded with in the name of a person who has died;

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (hh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (i) for a claim for any one benefit to which this section applies to be treated, either in the alternative or in addition, as a claim for any other such benefit that may be prescribed;

• (j) for the person to whom, time when and manner in which a benefit to which this section applies is to be paid and for the information and evidence to be furnished in connection with the payment of such a benefit;

• (k) for notice to be given of any change of circumstances affecting the continuance of entitlement to such a benefit or payment of such a benefit or of any other change of circumstance of a prescribed description ;

• (l) for the day on which entitlement to such a benefit is to begin or end;

• (m) for calculating the amounts of such a benefit according to a prescribed scale or otherwise adjusting them so as to avoid fractional amounts or facilitate computation;

• (n) for extinguishing the right to payment of such a benefit if payment is not obtained within such period, not being less than 12 months, as may be prescribed from the date on which the right is treated under the regulations as having arisen;

• (o) for suspending payment, in whole or in part, where it appears to the Department that a question arises whether—

• (i) the conditions for entitlement are or were fulfilled;

• (ii) an award ought to be revised;

• (iii) an appeal ought to be brought against an award;

• (p) for withholding payments of a benefit to which this section applies in prescribed circumstances and for subsequently making withheld payments in prescribed circumstances;

• (q) for the circumstances and manner in which payments of such a benefit may be made to another person on behalf of the beneficiary for any purpose, which may be to discharge, in whole or in part, an obligation of the beneficiary or any other person;

• (r) for the payment or distribution of such a benefit to or among persons claiming to be entitled on the death of any person and for dispensing with strict proof of their title;

• (s) for the making of a payment on account of such a benefit—

• (i) in cases where it is impracticable for a claim to be made or determined immediately, or for an award to be determined or paid in full immediately,

• (ii) in cases of need, or

• (iii) in cases where the Department considers in accordance with prescribed criteria that the payment can reasonably be expected to be recovered;

• (t) for treating any payment on account made by virtue of paragraph (s) above as made on account of any benefit to which this section applies that is subsequently awarded or paid.

• (1A) Regulations may make provision for requiring a person of a prescribed description to supply any information or evidence which is, or could be, relevant to—

• (a) a claim or award relating to a benefit to which this section applies, or

• (b) potential claims or awards relating to such a benefit.

• (2) This section applies to the following benefits—

• (za) universal credit;

• (zb) state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;

• (zc) bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;

• (a) benefit as defined in section 121 of the Contributions and Benefits Act;

• (aa) a jobseeker’s allowance;

• (ab) state pension credit;

• (ac) an employment and support allowance;

• (ad) personal independence payment;

• (b) income support;

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

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) housing benefit;

• (f) any social fund payments such as are mentioned in section 134(1)(a) or (2) of the Contributions and Benefits Act;

• (fa) health in pregnancy grant;

• (g) child benefit; and

• (h) Christmas bonus.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) The power in subsection (1)(j) to make provision for the person to whom a benefit is to be paid includes, in the case of a benefit awarded to persons jointly, power to make provision for the Department to determine to which of them all or any part of a payment should be made, and in particular for the Department—

• (a) to determine that payment should be made to whichever of those persons they themselves nominate, or

• (b) to determine that payment should be made to one of them irrespective of any nomination by them.

• (3) Subsection (1)(o) above shall have effect in relation to housing benefit as if the reference to the Department were a reference to the authority paying the benefit.

• (4) Subsection (1)(g), (j), (m), (q) and (r) above shall have effect as if statutory sick pay and statutory maternity pay were benefits to which this section applies.

• (“) Subsection (1)(g), (j), (m), (q) and (r) above shall have effect as if—

• (a) statutory paternity pay, statutory adoption pay , statutory shared parental pay and statutory parental bereavement pay were benefits to which this section applies; and

• (b) for the words “Regulations may” at the beginning of subsection (1) there were substituted the words “ The Department for Employment and Learning may by regulations subject to negative resolution (within the meaning of section 166(12)) ”.

• (5) As it has effect in relation to universal credit or housing benefit subsection (1)(q) above authorises provision requiring the making of payments of benefit to another person, on behalf of the beneficiary, in such circumstances as may be prescribed.

Industrial injuries benefit

Notification of accidents, etc

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Regulations may provide—

• (a) for requiring the prescribed notice of an accident in respect of which industrial injuries benefit may be payable to be given within the prescribed time by the employed earner to the earner’s employer or other prescribed person;

• (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;