Social Security Administration (Northern Ireland) Act 1992

• (b) may not require the claimant to undergo any physical test for the purpose of determining whether he satisfies the condition mentioned in section 73(1)(a) of the Contributions and Benefits Act.

Determination of questions of special difficulty

Assessors.

54

• (1) Where it appears to an authority to which this section applies that a matter before the authority involves a question of fact of special difficulty, then, unless regulations otherwise provide, the authority may direct that in dealing with that matter they shall have the assistance of one or more assessors.

• (2) The authorities to which this section applies are—

• (a) two or more adjudicating medical practitioners acting together;

• (b) two or more specially qualified adjudicating medical practitioners, appointed by virtue of section 60 below, acting together;

• (c) a social security appeal tribunal;

• (d) a disability appeal tribunal;

• (e) a medical appeal tribunal;

• (f) a Commissioner;

• (g) the Department.

Tribunal of 2 or 3 Commissioners.

55

• (1) If it appears to the Chief Social Security 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.

Medical examinations

Medical examinations of persons awarded attendance allowance or disability living allowance.

55A

Regulations may make provision—

• (a) enabling the Department to require a person to whom attendance allowance or disability living allowance has been awarded to submit to medical examination in prescribed circumstances;

• (b) for withholding payments of benefit in prescribed circumstances where a person has failed to submit himself to a medical examination to which he has been required to submit in accordance with regulations under paragraph (a) above; and

• (c) for the subsequent making in prescribed circumstances of payments withheld in accordance with regulations under paragraph (b) above.

Regulations

Regulations as to determination of questions and matters arising out of, or pending, reviews and appeals.

56

• (1) Subject to the provisions 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 the Contributions and Benefits Act , the Jobseekers (Northern Ireland) Order 1995or the former legislation, including a claim for benefit.

• (2) In this section “the former legislation” means the National Insurance Acts (Northern Ireland) 1965 to 1974 and the National Insurance (Industrial Injuries) Acts (Northern Ireland) 1965 to 1974 and the 1975 Act and Part III of the 1986 Order.

• (3) 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.

• (4) It is hereby declared for the avoidance of doubt that the power to make regulations under subsection (1) above includes power to make regulations for the determination of any question arising as to the total or partial recoupment of unemployment benefit or a jobseeker’s allowancein pursuance of regulations under Article 18 of the Industrial Tribunals (Northern Ireland) Order 1996 (including any decision as to the amount of benefit).

• (5) Regulations under subsection (1) above may provide for the review by the Department of decisions on questions determined by it.

• (6) The Lord Chancellor may by regulations provide—

• (a) for officers authorised by him to determine any question which is determinable by a Commissioner and which does not involve the determination of any appeal, application for leave to appeal or reference;

• (b) for the procedure to be followed by any such officer in determining any such question;

• (c) for the manner in which determinations of such questions by such officers may be called in question.

• (7) A determination which would have the effect of preventing an appeal, application for leave to appeal or reference being determined by a Commissioner is not a determination of the appeal, application or reference for the purposes of subsection (6) above.

• (8) Regulations under subsection (1) above may provide—

• (a) for the reference to the Court of Appeal 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 16 above 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.

57

• (1) Regulations (in this section referred to as “procedure regulations”) may make any such provision as is specified in Schedule 3 to this Act.

• (2) Procedure regulations may deal differently with claims and questions relating to—

• (a) benefit under Parts II to IV of the Contributions and Benefits Act;

• (b) industrial injuries benefit;

• (c) each of the other benefits to which section 18 above applies.

• (3) 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.

• (4) In proceedings for the determination of a question mentioned in section 15(1)(c) above (including proceedings on an inquiry), there shall be available to a witness (other than the person who is liable, or alleged to be liable, to pay the Class 1A contribution in question) any privilege against self-incrimination or incrimination of a spouse which is available to a witness in legal proceedings.

• (5) It is hereby declared—

• (a) 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; and

• (b) that the power to provide for the manner in which questions arising for determination by the Department are to be raised includes power to make provision with respect to the formulation of any such questions, whether arising on a reference under section 111 below or otherwise.

• (6) Except so far as it may be applied by procedure regulations, Part I of the Arbitration Act 1996 shall not apply to any proceedings under this Part of this Act.

Finality of decisions.

58

• (1) Subject to the provisions of this Part of this Act, the decision of any claim or question in accordance with the foregoing provisions of this Part of this Act shall be final; and subject to the provisions of any regulations under section 56 above, 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 subsection (2) of section 42 above or otherwise) that an accident was an industrial accident is to be taken as determining only that paragraphs (a), (b) and (c) of subsection (5) of that section are satisfied in relation to the accident, and neither any such decision nor the reference to an adjudicating medical practitioner or a medical appeal tribunal under section 43 above 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 42 above, without its having been found that personal injury resulted from the accident (saving always the discretion under subsection (3) of that section 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 pension or disablement gratuity in respect of an accident it has been found by an adjudicating medical practitioner or a 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 the finding shall be conclusive that the injury did so result.

• (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 43 above, 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 originally contained the provisions contained in this section), except that it shall not affect the determination of any appeal under section 46 above from a decision of a medical appeal tribunal given before the passing of that Act, nor affect any proceedings consequent on such an appeal from a decision so given; 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 subsection to section 43 above shall (so far as necessary) include the corresponding provisions of previous Acts.

Regulations about supplementary matters relating to determinations.

59

• (1) 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)—

• (i) of any claim for benefit to which this section applies;

• (ii) of any question affecting any person’s right to such benefit or its receipt; or

• (iii) of any person’s liability for contributions . . .; or

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

• (2) Without prejudice to the generality of subsection (1) above, regulations under that subsection may include provision as to the date from which any decision on a review is to have effect or to be deemed to have had effect.

• (3) Regulations under subsection (1) above as it applies to child benefit may include provision as to the date from which child benefit is to be payable to a person in respect of a child in a case where, before the benefit was awarded to that person, child benefit in respect of the child was awarded to another person.

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

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

• (aa) a jobseeker’s allowance;

• (b) child benefit;

• (c) statutory sick pay;

• (d) statutory maternity pay;

• (e) income support;

• (f) family credit;

• (g) disability working allowance; and

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

Incapacity for work

Adjudication: incapacity for work.

59A

• (1) The following provisions apply in relation to the determination, for any purpose for which the provisions of Part XIIA of the Contributions and Benefits Act apply, whether a person—

• (a) is, or is to be treated as, capable or incapable of work; or

• (b) falls to be disqualified for any period in accordance with regulations under section 167E of that Act;

and to the determination for any such purpose of such other related questions as may be prescribed.

• (2) Provision may be made by regulations for a determination made for one such purpose to be treated as conclusive for another such purpose.

• (3) Provision may be made by regulations for questions of such descriptions as may be prescribed to be determined by an adjudication officer, notwithstanding that other questions fall to be determined by another authority.

• (4) Provision may be made by regulations—

• (a) requiring a social security appeal tribunal to sit with one or more medical assessors in such classes of case as may be prescribed; and

• (b) as to the constitution of panels of medical practitioners to act as medical assessors in such cases;

and regulations under this subsection may confer on the President, or such other person as may be prescribed, such functions as may be prescribed.

Industrial diseases

Adjudication as to industrial diseases.

60

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

• (a) to claims for benefit under sections 108 to 110 of the Contributions and Benefits 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 appointment of specially qualified adjudicating medical practitioners and the appointment of medical officers for the purposes of the regulations (which shall be taken to include, in the case of specially qualified adjudicating medical practitioners, the purposes for which adjudicating medical practitioners are appointed and medical appeal tribunals are established); and

• (b) for the payment by the prescribed persons of fees of the prescribed amount in connection with any medical examination by specially qualified adjudicating medical practitioners or any such 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.

Housing benefit

Adjudication.

61

• (1) Regulations shall require a person who has claimed housing benefit to be notified of the determination of the claim.

• (2) Any such notification shall be given in such form as may be prescribed.

• (2A) Regulations may make provision requiring the Housing Executive, where claims for housing benefit are made to it by, or in respect of, persons how have been entitled to a jobseeker’s allowance or to income support to give priority, in prescribed circumstances, to those claims over other claims for that benefit.

• (3) Regulations shall make provision for reviews of determinations relating to housing benefit.

Social fund officers and inspectors and the social fund Commissioner

Social fund officers.

62

• (1) The Department shall appoint officers, to be known as “social fund officers”, for the purpose of performing functions in relation to payments out of the social fund such as are mentioned in section 134(1)(b) of the Contributions and Benefits Act.

• (2) A social fund officer may be appointed to perform all the functions of social fund officers or such functions of such officers as may be specified in his instrument of appointment.

• (3) The Department may nominate for an area a social fund officer who shall issue general guidance to the other social fund officers in the area about such matters relating to the social fund as the Department may specify.

The social fund Commissioner and inspectors.

63

• (1) There shall continue to be an officer known as “the social fund Commissioner” (in this section referred to as “the Commissioner”).

• (2) The Commissioner shall be appointed by the Department.

• (3) The Commissioner—

• (a) shall appoint such social fund inspectors; and

• (b) may appoint such officers and staff for himself and for social fund inspectors,

as he thinks fit, but with the consent of the Department and the Department of Finance and Personnel as to numbers.

• (4) Appointments under subsection (3) above shall be made from persons made available to the Commissioner by the Department.

• (5) It shall be the duty of the Commissioner—

• (a) to monitor the quality of decisions of social fund inspectors and give them such advice and assistance as he thinks fit to improve the standard of their decisions;

• (b) to arrange such training of social fund inspectors as he considers appropriate; and

• (c) to carry out such other functions in connection with the work of social fund inspectors as the Department may direct.

• (6) The Commissioner shall report annually in writing to the Department on the standards of reviews by social fund inspectors and the Department shall publish his report.

Reviews.

64

• (1) A social fund officer—

• (a) shall review a determination made under the Contributions and Benefits Act by himself or some other social fund officer, if an application for a review is made within such time and in such form and manner as may be prescribed by or on behalf of the person who applied for the payment to which the determination relates; and

• (b) may review such a determination in such other circumstances as he thinks fit;

and may exercise on a review any power exercisable by an officer under Part VIII of the Contributions and Benefits Act.

• (2) The power to review a determination conferred on a social fund officer by subsection (1) above includes power to review a determination made by a social fund officer on a previous review.

• (3) On an application made by or on behalf of the person to whom a determination relates within such time and in such form and manner as may be prescribed a determination of a social fund officer which has been reviewed shall be further reviewed by a social fund inspector.

• (4) On a review a social fund inspector shall have the following powers—

• (a) power to confirm the determination made by the social fund officer;

• (b) power to make any determination which a social fund officer could have made;

• (c) power to refer the matter to a social fund officer for determination.

• (5) A social fund inspector may review a determination under subsection (3) above made by himself or some other social fund inspector.

• (6) In determining a question on a review a social fund officer or social fund inspector shall have regard, subject to subsection (7) below, to all the circumstances of the case and, in particular, to the matters specified in section 136(1)(a) to (e) of the Contributions and Benefits Act.

• (7) An officer or inspector shall determine any question on a review in accordance with any general directions issued by the Department under section 136(2) of the Contributions and Benefits Act and any general directions issued by the Department with regard to reviews and in determining any such question shall take account of any general guidance issued by the Department under that subsection or with regard to reviews.

• (8) Directions under this section may specify—

• (a) the circumstances in which a determination is to be reviewed; and

• (b) the manner in which a review is to be conducted.

• (9) In reviewing a question under this section a social fund officer shall take account (subject to any directions or guidance issued by the Department under this section) of any guidance issued by the social fund officer nominated for his area under section 62(3) above.

• (10) A social fund inspector reviewing a determination shall be under the same duties in relation to such guidance as the social fund officer or inspector who made the determination.

Christmas bonus

Determination of questions.

65

• (1) A determination by the competent authority that a person is entitled or not entitled to payment of a qualifying benefit in respect of a period which includes a day in the relevant week shall be conclusive for the purposes of section 144 of the Contributions and Benefits Act; and in this subsection “competent authority” means, in relation to a payment of any description of a qualifying benefit, an authority that ordinarily determines whether a person is entitled to such a payment.

• (2) Any question arising under that section other than one determined or falling to be determined under subsection (1) above shall be determined by the Department whose decision shall, except as provided by subsection (3) below, be final.

• (3) The Department may reverse a decision under subsection (2) above 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.

• (4) Expressions used in this section to which a meaning is assigned by section 146 of the Contributions and Benefits Act have that meaning in this section.

Restrictions on entitlement to benefit following erroneous decision

Restrictions on entitlement to benefit in certain cases of error.

66

• (1) This section applies where—

• (a) on the determination, whenever made, of a Commissioner or the court (the “relevant determination”), a decision made by an adjudicating authority is or was found to have been erroneous in point of law; and

• (b) after both—

• (i) 14th August 1990 (the date of the coming into operation of section 154D of the 1975 Act, the provision of that Act corresponding to this section); and

• (ii) the date of the relevant determination,

a claim which falls, or which would apart from this section fall, to be decided in accordance with the relevant determination is made or treated under section 5(1)(i) above as made by any person for any benefit.

• (2) Where this section applies, any question which arises on, or on the review of a decision which is referable to, the claim mentioned in subsection (1)(b) above and which relates to the entitlement of the claimant or any other person to any benefit—

• (a) in respect of a period before the relevant date; or

• (b) in the case of a widow’s payment, in respect of a death occurring before that date,

shall be determined as if the decision referred to in subsection (1)(a) above had been found by the Commissioner or court in question not to have been erroneous in point of law.

• (3) In determining whether a person is entitled to benefit in a case where—

• (a) his entitlement depends on his having been entitled to the same or some other benefit before attaining a particular age; and

• (b) he attained that age—

• (i) before both the date of the relevant determination and the date of the claim referred in subsection (1)(b) above, but

• (ii) not before the earliest day in respect of which benefit could, apart from this section, have been awarded on that claim,

subsection (2) above shall be disregarded for the purpose only of determining the question whether he was entitled as mentioned in paragraph (a) above.

• (4) In this section—

• “adjudicating authority” means—

• (a) an adjudication officer or, where the original decision was given on a reference under section 19(2) or 23(1) above, a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal;

• (b) any of the following former bodies or officers, that is to say, the National Assistance Board for Northern Ireland, the Supplementary Benefits Commission for Northern Ireland, the Attendance Allowance Board for Northern Ireland, a benefit officer, an insurance officer or a supplement officer; or

• (c) any of the officers who, or tribunals or other bodies which, in Great Britain correspond to those mentioned in paragraph (a) or (b) above;

• “benefit” means—

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

• (aa) a jobseeker’s allowance;

• (b) any income-related benefit;

• “the court” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in England and Wales, the Supreme Court or the Court of Justice of the European Union ;

• “the relevant date” means whichever is the latest of—

• (a) the date of the relevant determination;

• (b) the date which falls 12 months before the date on which the claim referred to in subsection (1)(b) above is made or treated under section 5(1)(i) above as made; and

• (c) the earliest date in respect of which the claimant would, apart from this section, be entitled on that claim to the benefit in question.

• (5) For the purposes of this section—

• (a) any reference in this section to entitlement to benefit includes a reference to entitlement—

• (i) to any increase in the rate of a benefit; or

• (ii) to a benefit, or increase of benefit, at a particular rate; and

• (b) any reference to a decision which is “referable to” a claim is a reference to—

• (i) a decision on the claim,

• (ii) a decision on a review of the decision on the claim, or

• (iii) a decision on a subsequent review of the decision on the review,

and so on.

• (6) The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this section in accordance with any regulations made for that purpose.

Determination of questions on review following erroneous decisions.

67

• (1) Subsection (2) below applies in any case where—

• (a) on the determination, whenever made, of a Commissioner or the court (the “relevant determination”), a decision made by an adjudicating authority is or was found to have been erroneous in point of law; and

• (b) in consequence of that determination, any other decision—

• (i) which was made before the date of that determination; and

• (ii) which is referable to a claim made or treated as made by any person for any benefit,

falls (or would, apart from subsection (2) below, fall) to be revised on a review carried out under section 23(5) above after 14th August 1990 (the date of the coming into force of section 104(7) to (10) of the 1975 Act, the provision of that Act corresponding to this section) or on a review under section 28 above on the ground that the decision under review was erroneous in point of law.

• (2) Where this subsection applies, any question arising on the review referred to in subsection (1)(b) above, or on any subsequent review of a decision which is referable to the same claim, as to any person’s entitlement to, or right to payment of, any benefit—

• (a) in respect of any period before the date of the relevant determination; or

• (b) in the case of a widow’s payment, in respect of a death occurring before that date,

shall be determined as if the decision referred to in subsection (1)(a) above had been found by the Commissioner or court in question not to have been erroneous in point of law.

• (3) In determining whether a person is entitled to benefit in a case where his entitlement depends on his having been entitled to the same or some other benefit before attaining a particular age, subsection (2) above shall be disregarded for the purpose only of determining the question whether he was so entitled before attaining that age.

• (4) For the purposes of this section—

• (a) “adjudicating authority” and “the court” have the same meaning as they have in section 66 above;

• (b) any reference to—

• (i) a person’s entitlement to benefit; or

• (ii) a decision which is referable to a claim,

shall be construed in accordance with subsection (5) of that section; and

• (c) the date of the relevant determination shall, in prescribed cases, be determined in accordance with any regulations made under subsection (6) of that section.

Correction of errors

Regulations as to correction of errors.

68

• (1) Regulations may make provision with respect to—

• (a) the correction of accidental errors in any decision or record of a decision given with respect to a claim or question arising under or in connection with any relevant enactment by a body or person authorised to decide the claim or question; and

• (b) the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—

• (i) a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative or was not received at an appropriate time by the body or person who gave the decision; or

• (ii) a party to the proceedings or a party’s representative was not present at a hearing related to the proceedings.

• (2) Nothing in subsection (1) above shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that subsection.

• (3) In this section “relevant enactment” means any enactment contained in—

• (a) the National Insurance Measures (Northern Ireland) 1966 to 1974;

• (b) the National Insurance (Industrial Injuries) Measures (Northern Ireland) 1966 to 1974;

• (c) the Workmen’s Compensation (Supplementation) Measures (Northern Ireland) 1966 to 1974;

• (d) the Social Security Act 1973;

• (e) the Social Security (Northern Ireland) Acts 1975 to 1991;

• (f) the Old Cases Act;

• (g) the Child Benefit (Northern Ireland) Order 1975;

• (h) the Family Income Supplements Act (Northern Ireland) 1971;

• (i) the Supplementary Benefits (Northern Ireland) Order 1977;

• (j) the Contributions and Benefits Act;

• (k) this Act. . . .

• (l) the Pensions Act; or

• (m) the Jobseekers (Northern Ireland) Order 1995.

Part III — Overpayments and Adjustments of Benefit

Misrepresentation etc.

Overpayments - general.

69

• (1) Where it is determined that, whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact and in consequence of the misrepresentation or failure—

• (a) a payment has been made in respect of a benefit to which this section applies; or

• (b) any sum recoverable by or on behalf of the Department in connection with any such payment has not been recovered,

the Department shall be entitled to recover the amount of any payment which the Department would not have made or any sum which the Department would have received but for the misrepresentation or failure to disclose.

• (2) Where any such determination as is referred to in subsection (1) above is made, the person making the determination shall in the case of the Department or a tribunal, and may in the case of a Commissioner or a court—

• (a) determine whether any, and if so what, amount is recoverable under that subsection by the Department, and

• (b) specify the period during which that amount was paid to the person concerned.

• (3) An amount recoverable under subsection (1) above is in all cases recoverable from the person who misrepresented the fact or failed to disclose it.

• (4) In relation to cases where payments of a benefit to which this section applies have been credited to a bank account or other account under arrangements made with the agreement of the beneficiary or a person acting for him, circumstances may be prescribed in which the Department is to be entitled to recover any amount paid in excess of entitlement; but any such regulations shall not apply in relation to any payment unless before he agreed to the arrangements such notice of the effect of the regulations as may be prescribed was given in such manner as may be prescribed to the beneficiary or to a person acting for him.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5A) Except where regulations otherwise provide, an amount shall not be recoverable under subsection (1) or under regulations under subsection (4) or under regulations under subsection (4) above unless the determination in pursuance of which it was paid has been reversed or varied on an appeal or has been revised under Article 10 or superseded under Article 11 of the Social Security (Northern Ireland) Order 1998.

• (6) Regulations may provide—

• (a) that amounts recoverable under subsection (1) above or regulations under subsection (4) above shall be calculated or estimated in such manner and on such basis as may be prescribed;

• (b) for treating any amount paid to any person under an award which it is subsequently determined was not payable—

• (i) as properly paid; or

• (ii) as paid on account of a payment which it is determined should be or should have been made,

and for reducing or withholding any arrears payable by virtue of the subsequent determination;

• (c) for treating any amount paid to one person in respect of another as properly paid for any period for which it is not payable in cases where in consequence of a subsequent determination—

• (i) the other person is himself entitled to a payment for that period; or

• (ii) a third person is entitled in priority to the payee to a payment for that period in respect of the other person,

and for reducing or withholding any arrears payable for that period by virtue of the subsequent determination.

• (7) Circumstances may be prescribed in which a payment on account by virtue of section 5(1)(s) above may be recovered to the extent that it exceeds entitlement.

• (8) Where any amount paid ... is recoverable under—

• (a) subsection (1) above;

• (b) regulations under subsection (4) or (7) above; or

• (c) section 72 below,

it may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.

• (9) Where any amount paid in respect of a couple is recoverable as mentioned in subsection (8) above, it may, without prejudice to any other method of recovery, be recovered, in such circumstances as may be prescribed, by deduction from prescribed benefits payable to either of them.

• (9A) Regulations may provide for amounts recoverable under the provisions mentioned in subsection (8) to be recovered by deductions from earnings.

• (9B) In subsection (9A) “earnings” has such meaning as may be prescribed.

• (9C) Regulations under subsection (9A) may include provision—

• (a) requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Department;

• (b) requiring the employer, on being served with a notice by the Department, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Department;

• (c) as to the matters to be contained in such a notice and the period for which a notice is to have effect;

• (d) as to how payment is to be made to the Department;

• (e) as to a level of earnings below which earnings must not be reduced;

• (f) allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary's earnings in respect of the employer's administrative costs;

• (g) requiring the employer to keep records of deductions;

• (h) requiring the employer to notify the Department if the beneficiary is not, or ceases to be, employed by the employer;

• (i) creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;

• (j) with respect to the priority as between a requirement to deduct from earnings under this section and—

• (i) any other such requirement;

• (ii) an order under any other statutory provision which requires deduction from the beneficiary's earnings.

• (10) Any amount recoverable under the provisions mentioned in subsection (8) above shall, if the county court so orders, be enforceable as if it were payable under an order of that court.

• (10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ab) state pension creditexcluding housing credit (see section 69ZB) ;

• (ac) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ad) personal independence payment;

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

• (b) . . . income support;

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

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

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

• (ea) health in pregnancy grant; and

• (f) child benefit.

• (12) In this section, “couple” has the meaning given by section 133(1) of the Contributions and Benefits Act.

Overpayments out of the social fund.

69ZA

• (1) Subject to subsection (2) below, section 69 above shall apply in relation to social fund payments to which this section applies as it applies in relation to payments made in respect of benefits to which that section applies.

• (2) Section 69 above as it so applies shall have effect as if—

• (a) in ... subsection (5A), for the words “reversed or varied on an appeal or has been revised under Article 10 or superseded under Article 11” there were substituted the words “revised on a review under Article 38”;

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

• (c) subsections (7) and (10A) were omitted.

• (2A) Subsection (9A) of section 69 as it so applies shall have effect as if the reference to amounts recoverable under the provisions mentioned in subsection (8) of that section were to amounts recoverable under subsections (1) and (4) of that section by virtue of subsection (1) above.

• (3) This section applies to social fund payments such as are mentioned in section 134(1)(b) of the Contributions and Benefits Act.

Recovery of benefit payments

Recovery of overpayments of certain benefits

69ZB

• (1) The Department may recover any amount of the following paid in excess of entitlement—

• (a) universal credit,

• (b) jobseeker's allowance,

• (c) employment and support allowance, and

• (d) except in prescribed circumstances, housing credit (within the meaning of the State Pension Credit Act (Northern Ireland) 2002).

• (2) An amount recoverable under this section is recoverable from—

• (a) the person to whom it was paid, or

• (b) such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.

• (3) An amount paid in pursuance of a determination is not recoverable under this section unless the determination has been—

• (a) reversed or varied on an appeal, or

• (b) revised or superseded under Article 10 or Article 11 of the Social Security (Northern Ireland) Order 1998,

except where regulations otherwise provide.

• (4) Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.

• (5) Where an amount of universal credit is paid for the sole reason that a payment by way of prescribed income is made after the date which is the prescribed date for payment of that income, that amount is for the purposes of this section paid in excess of entitlement.

• (6) In the case of a benefit referred to in subsection (1) which is awarded to persons jointly, an amount paid to one of those persons may for the purposes of this section be regarded as paid to the other.

• (7) An amount recoverable under this section may (without prejudice to any other means of recovery) be recovered—

• (a) by deduction from benefit (section 69ZC);

• (b) by deduction from earnings (section 69ZD);

• (c) through the courts etc (section 69ZE);

• (d) by adjustment of benefit (section 69ZF).

Deduction from benefit

69ZC

• (1) An amount recoverable from a person under section 69ZB may be recovered by deducting the amount from payments of prescribed benefit.

• (2) Where an amount recoverable from a person under section 69ZB was paid to the person on behalf of another, subsection (1) authorises its recovery from the person by deduction—

• (a) from prescribed benefits to which the person is entitled,

• (b) from prescribed benefits paid to the person to discharge (in whole or in part) an obligation owed to that person by the person on whose behalf the recoverable amount was paid, or

• (c) from prescribed benefits paid to the person to discharge (in whole or in part) an obligation owed to that person by any other person.

• (3) Where an amount is recovered as mentioned in paragraph (b) of subsection (2), the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction.

• (4) Where an amount is recovered as mentioned in paragraph (c) of subsection (2), the obligation specified in that paragraph shall in all cases be taken to be so discharged.

Deduction from earnings

69ZD

• (1) Regulations may provide for amounts recoverable under section 69ZB to be recovered by deductions from earnings.

• (2) In this section “earnings” has such meaning as may be prescribed.

• (3) Regulations under subsection (1) may include provision—

• (a) requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Department;

• (b) requiring the employer, on being served with a notice by the Department, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Department;

• (c) as to the matters to be contained in such a notice and the period for which a notice is to have effect;

• (d) as to how payment is to be made to the Department;

• (e) as to a level of earnings below which earnings must not be reduced;

• (f) allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary's earnings in respect of the employer's administrative costs;

• (g) requiring the employer to keep records of deductions;

• (h) requiring the employer to notify the Department if the beneficiary is not, or ceases to be, employed by the employer;

• (i) creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;

• (j) with respect to the priority as between a requirement to deduct from earnings under this section and—

• (i) any other such requirement;

• (ii) an order under any other statutory provision which requires deduction from the beneficiary's earnings.

Court action etc.

69ZE

• (1) An amount recoverable under section 69ZB is, if the county court so orders, recoverable as if it were payable under an order of that court.

• (2) Any costs of the Department in recovering an amount of benefit under this section may be recovered by it as if they were amounts recoverable under section 69ZB.

Adjustment of benefit

69ZF

Regulations may for the purpose of the recovery of amounts recoverable under section 69ZB make provision—

• (a) for treating any amount paid to a person under an award which it is subsequently determined was not payable—

• (i) as properly paid, or

• (ii) as paid on account of a payment which it is determined should be or should have been made,

and for reducing or withholding arrears payable by virtue of the subsequent determination;

• (b) for treating any amount paid to one person in respect of another as properly paid for any period for which it is not payable in cases where in consequence of a subsequent determination—

• (i) the other person is entitled to a payment for that period, or

• (ii) a third person is entitled in priority to the payee to a payment for that period in respect of the other person,

and by reducing or withholding any arrears payable for that period by virtue of the subsequent determination.

Recovery of payments on account

69ZG

• (1) The Department may recover any amount paid under section 5(1)(s) (payments on account).

• (2) An amount recoverable under this section is recoverable from—

• (a) the person to whom it was paid, or

• (b) such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.

• (3) Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.

• (4) In the case of a payment on account of a benefit which is awarded to persons jointly, an amount paid to one of those persons may for the purposes of this section be regarded as paid to the other.

• (5) Sections 69ZC, 69ZD and 69ZE apply in relation to amounts recoverable under this section as to amounts recoverable under section 69ZB.

Recovery of hardship payments etc.

69ZH

• (1) The Department may recover any amount paid by way of—

• (a) payment under Article 33 of the Welfare Reform (Northern Ireland) Order 2015 (universal credit hardship payments) which is recoverable under that Article,

• (b) a payment under Article 21C of the Jobseekers Order (jobseeker's allowance hardship payments) which is recoverable under that Article,

• (c) a payment of a jobseeker's allowance under paragraph 8 or 8A of Schedule 1 to that Order (exemptions), where the allowance is payable at a prescribed rate under paragraph 9 of that Schedule and is recoverable under that paragraph,

• (d) a payment of a jobseeker's allowance under paragraph 10 of that Schedule (claims yet to be determined etc.) which is recoverable under that paragraph, or

• (e) a payment which is recoverable under section 5B(5A)(d) or (7)(d), 6(2A)(d) or (4)(d), 7(3)(aa) or (4)(d) or 8(2A)(d) or (4)(d) of the Social Security Fraud Act (Northern Ireland) 2001.

• (2) An amount recoverable under this section is recoverable from—

• (a) the person to whom it was paid, or

• (b) such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.

• (3) Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.

• (4) Where universal credit or a jobseeker's allowance is claimed by persons jointly, an amount paid to one claimant may for the purposes of this section be regarded as paid to the other.

• (5) Sections 69ZC to 69ZF apply in relation to amounts recoverable under this section as to amounts recoverable under section 69ZB.

Jobseeker’s Allowance

Recovery of jobseeker’s allowance: severe hardship cases.

69A

• (1) Where—

• (a) a severe hardship direction is revoked; and

• (b) it is determined by the Department that—

• (i) whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact; and

• (ii) in consequence of the failure of misrepresentation, payment of a jobseeker’s allowance has been made during the relevant period to the person to whom the direction related, the Department may determine that it is entitled to recover the amount of the payment.

• (2) In this section—

• “severe hardship direction” means a direction given under Article 18 of the Jobseekers (Northern Ireland) Order 1995; and

• “the relevant period” means—if the revocation is under Article 18(3)(a) of that Order, the period beginning with the date of the change of circumstances and ending with the date of the revocation; andif the revocation is under Article 18(3)(b) or (c) of that Order, the period during which the direction was in force.

• (3) Where a severe hardship direction is revoked, the Department may certify whether there has been misrepresentation of a material fact or failure to disclose a material fact.

• (4) If the Department certifies that there has been such misrepresentation or failure to disclose, it may certify—

• (a) who made the misrepresentation or failed to make the disclosure; and

• (b) whether or not a payment of jobseeker’s allowance has been made in consequence of the misrepresentation or failure.

• (5) If the Department certifies that a payment has been made, it may certify the period during which a jobseeker’s allowance would not have been paid but for the misrepresentation or failure to disclose.

• (6) A certificate under this section shall be conclusive as to any matter certified.

• (7) Subsections (3) and (6) to (10) of section 69 above apply to a jobseeker’s allowance recoverable under subsection (1) above as they apply to a jobseeker’s allowance recoverable under section 69(1) above.

• (8) The other provisions of section 69 above do not apply to a jobseeker’s allowance recoverable under subsection (1) above.

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

70

Adjustments of benefits

Overlapping benefits - general.

71

• (1) Regulations may provide for adjusting state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 or benefit as defined in section 121 of the Contributions and Benefits Act , or a contribution-based jobseeker’s allowance or a contributory employment and support allowance , which is payable to or in respect of any person, or the conditions for receipt of that benefit, where—

• (a) there is payable in his case any such pension, allowance or benefit as is described in subsection (2) below; or

• (b) the person is, or is treated under the regulations as, undergoing medical or other treatment as an in-patient in a hospital or similar institution.

• (2) Subsection (1)(a) above applies to any pension, allowance or benefit payable out of public funds (including any other benefit as so defined, whether it is of the same or a different description) which is payable to or in respect of—

• (a) the person referred to in subsection (1);

• (b) that person’s wife, husband or civil partner ;

• (c) any ... dependant of that person; or

• (d) the wife, husband or civil partner of any adult dependant of that person.

• (3) Where but for regulations made by virtue of subsection (1)(a) above two persons would both be entitled to an increase of benefit in respect of a third person, regulations may make provision as to their priority.

• (4) Regulations may provide for adjusting—

• (za) state pension under Part 1 of the Pensions Act (Northern Ireland) 2015;

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

• (b) a contribution-based jobseeker’s allowance,or

• (c) a contributory employment and support allowance,

payable to or in respect of any person where there is payable in his case any such benefit as is described in subsection (5) below.

• (5) Subsection (4) above applies to any benefit payable under the legislation of any member State which is payable to or in respect of—

• (a) the person referred to in that subsection;

• (b) that person’s wife, husband or civil partner ;

• (c) any ... dependant of that person; or

• (d) the wife, husband or civil partner of any adult dependant of that person.

• (6) Personal independence payment is to be treated for the purposes of this section as if it were benefit as defined in section 121 of the Contributions and Benefits Act.

Income support and other payments.

72

• (1) Where—

• (a) a payment by way of prescribed income is made after the date which is the prescribed date in relation to the payment; and

• (b) it is determined that an amount which has been paid by way of income support , an income-based jobseeker’s allowance , state pension credit or an income-related employment and support allowance would not have been paid if the payment had been made on the prescribed date,

the Department shall be entitled to recover that amount from the person to whom it was paid.

• (2) Where—

• (a) a prescribed payment which apart from this subsection falls to be made from public funds in the United Kingdom or under the law of any member State is not made on or before the date which is the prescribed date in relation to the payment; and

• (b) it is determined that an amount (“the relevant amount”) has been paid by way of universal credit or income support , an income-based jobseeker’s allowance , state pension credit or an income-related employment and support allowance that would not have been paid if the payment mentioned in paragraph (a) above had been made on the prescribed date,

then—

• (i) in the case of a payment from public funds in the United Kingdom, the authority responsible for making it may abate it by the relevant amount; and

• (ii) in the case of any other payment, the Department shall be entitled to receive the relevant amount out of the payment.

• (3) Where—

• (a) a person (in this subsection referred to as A) is entitled to any prescribed benefit for any period in respect of another person (in this subsection referred to as B); and

• (b) either—

• (i) B has received income support , an income-based jobseeker's allowance or an income-related employment and support allowance for that period; or

• (ii) B was, during that period, a member of the same family as some person other than A who received income support , an income-based jobseeker's allowance or an income-related employment and support allowance for that period; and

• (c) the amount of the income support , an income-based jobseeker’s allowance or an income-related employment and support allowance has been determined on the basis that A has not made payments for the maintenance of B at a rate equal to or exceeding the amount of the prescribed benefit,

the amount of the prescribed benefit may, at the discretion of the authority administering it, be abated by the amount by which the amounts paid by way of income support , an income-based jobseeker’s allowance or an income-related employment and support allowance exceed what it is determined that they would have been had A, at the time the amount of the income support , an income-based jobseeker’s allowance or an income-related employment and support allowance was determined, been making payments for the maintenance of B at a rate equal to the amount of the prescribed benefit.

• (4) Where an amount could have been recovered by abatement by virtue of subsection (2) or (3) above but has not been so recovered, the Department may recover it otherwise than by way of abatement—

• (a) in the case of an amount which could have been recovered by virtue of subsection (2) above, from the person to whom it was paid; and

• (b) in the case of an amount which could have been recovered by virtue of subsection (3) above, from the person to whom the prescribed benefit in question was paid.

• (5) Where a payment is made in a currency other than sterling, its value in sterling shall be determined for the purposes of this section in accordance with regulations.

Payment of benefit where maintenance payments collected by Department.

72A

• (1) This section applies where—

• (a) a person (“the claimant”) is entitled to a benefit to which this section applies;

• (b) the Department is collecting periodical payments of child or spousal maintenance made in respect of the claimant or a member of the claimant’s family; and

• (c) the inclusion of any such periodical payment in the claimant’s relevant income would, apart from this section, have the effect of reducing the amount of the benefit to which the claimant is entitled.

• (2) The Department may, to such extent as it considers appropriate, treat any such periodical payment as not being relevant income for the purposes of calculating the amount of benefit to which the claimant is entitled.

• (3) The Department may, to the extent that any periodical payment collected by it is treated as not being relevant income for those purposes, retain the whole or any part of that payment.

• (4) Any sum retained by the Department under subsection (3) shall be paid by the Department into the Consolidated Fund.

• (5) In this section—

• “child” means a person under the age of 16.

• “child maintenance”, “spousal maintenance” and “relevant income” have such meaning as may be prescribed;

• “couple” has the meaning given by section 133(1) of the Contributions and Benefits Act;

• “family” means—a couple ;a couple and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;except in prescribed circumstances, a person who is not a member of a couple and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;

• ...

• ...

• (6) For the purposes of this section, the Department may by regulations make provision as to the circumstances in which—

• (a) persons are to be treated as being or not being members of the same household;

• (b) one person is to be treated as responsible or not responsible for another.

• (7) The benefits to which this section applies are universal credit, income support, an income-based jobseeker’s allowance , an income-related employment and support allowance and such other benefits (if any) as may be prescribed.

Housing benefit

Overpayments of housing benefit.

73

• (1) Except where regulations otherwise provide, any amount of housing benefit determined in accordance with regulations to have beenpaid in excess of entitlement may be recovered by the Department, the Department of the Environment or by the Housing Executive . . ..

• (2) Regulations may require the Department of the Environment or the Housing Executive to recover such an amount in such circumstances as may be prescribed.

• (3) An amount recoverable under this section shall be recoverable -

• (a) except in such circumstances as may be prescribed, from the person to whom it was paid; and

• (b) where regulations so provide, from such other person (as well as, or instead of, the person to whom it was paid) as may be prescribed.

• (4) Any amount recoverable under this section may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.

• (5) Where an amount paid to a person on behalf of another person is recoverable under this section, subsections (3) and (4) above authorise its recovery from the person to whom it was paid by deduction—

• (a) from prescribed benefits to which he is entitled;

• (b) from prescribed benefits paid to him to discharge (in whole or in part) an obligation owed to him by the person on whose behalf the recoverable amount was paid; or

• (c) from prescribed benefits paid to him to discharge (in whole or in part) an obligation owed to him by any other person.

• (6) Where an amount is recovered as mentioned in paragraph (b) of subsection (5) above, the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction; and where an amount is recovered as mentioned in paragraph (c) of that subsection, the obligation specified in that paragraph shall in all cases be taken to be so discharged.

• (7) Where any amount recoverable under this section is to be recovered otherwise than by deduction from prescribed benefits it shall, if the county court so orders, be enforceable as if it were payable under an order of that court.

• (8) Regulations may provide for amounts recoverable under this section to be recovered by deductions from earnings.

• (9) In subsection (8) “earnings” has such meaning as may be prescribed.

• (10) Regulations under subsection (8) may include provision—

• (a) requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Department, the Department of Finance and Personnel or the Housing Executive;

• (b) requiring the employer, on being served with a notice by the Department, the Department of Finance and Personnel or the Housing Executive, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Department, the Department of Finance and Personnel or the Housing Executive;

• (c) as to the matters to be contained in such a notice and the period for which a notice is to have effect;

• (d) as to how payment is to be made to the Department, the Department of Finance and Personnel or the Housing Executive;

• (e) as to a level of earnings below which earnings must not be reduced;

• (f) allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary's earnings in respect of the employer's administrative costs;

• (g) requiring the employer to keep records of deductions;

• (h) requiring the employer to notify the Department, the Department of Finance and Personnel or the Housing Executive if the beneficiary is not, or ceases to be, employed by the employer;

• (i) creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;

• (j) with respect to the priority as between a requirement to deduct from earnings under this section and—

• (i) any other such requirement;

• (ii) an order under any other statutory provision which requires deduction from the beneficiary's earnings.

Social fund awards

Recovery of social fund awards.

74

• (1) A social fund award which is repayable shall be recoverable by the Department.

• (2) Without prejudice to any other method of recovery, the Department may recover an award by deduction from prescribed benefits.

• (3) The Department may recover an award—

• (a) from the person to or for the benefit of whom it was made;

• (b) where that person is a member of a couple , from the other member of the couple;

• (c) from a person who is liable to maintain the person by or on behalf of whom the application for the award was made or any person in relation to whose needs the award was made.

• (3A) Where—

• (a) a jobseeker’s allowance is payable to a person from whom an award is recoverable under subsection (3) above; and

• (b) that person is subject to a bankruptcy order, a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Insolvency (Northern Ireland) Order 1989.

• (3B) Regulations may provide for amounts recoverable under subsection (1) from a person specified in subsection (3) to be recovered by deductions from earnings.

• (3C) In subsection (3B) “earnings” has such meaning as may be prescribed.

• (3D) Regulations under subsection (3B) may include provision referred to in section 69(9C).

• (4) Payments out of the social fund to meet funeral expenses may in all cases be recovered, as if they were funeral expenses, out of the estate of the deceased, and (subject to section 69 above) by no other means.

• (5) In this section, “couple” has the meaning given by section 133(1) of the Contributions and Benefits Act.

• (6) For the purposes of this section—

• (a) a man shall be liable to maintain his wife or civil partner and any children of whom he is the father;

• (b) a woman shall be liable to maintain her husband or civil partner and any children of whom she is the mother;

• (c) a person shall be liable to maintain another person throughout any period in respect of which the first-mentioned person has, on or after 24th June 1980 (the date of the making of the Social Security (Northern Ireland) Order 1980) and either alone or jointly with a further person, given an undertaking in writing in pursuance of immigration rules within the meaning of the Immigration Act 1971 to be responsible for the maintenance and accommodation of the other person; and

• (d) “child” includes a person who has attained the age of 16 but not the age of 19 and in respect of whom either parent, or some person acting in the place of either parent, is receiving income support or an income-based jobseeker’s allowance.

• (7) Any reference in subsection (6) to children of whom the man or the woman is the father or the mother shall be construed in accordance with Article 155 of the Children (Northern Ireland) Order 1995.

• (8) A document bearing a certificate which—

• (a) is signed by a person authorised in that behalf by the Secretary of State; and

• (b) states that the document apart from the certificate is, or is a copy of, such an undertaking as is mentioned in subsection (6)(c) above,

shall be conclusive of the undertaking in question for the purposes of this section and section 101 below; and a certificate purporting to be so signed shall be deemed to be so signed until the contrary is proved.

Great Britain payments

Recovery of Great Britain payments.

75

Without prejudice to any other method of recovery—

• (a) amounts recoverable under any statutory provision having effect in Great Britain and corresponding to a statutory provision mentioned in section 69(8) above shall be recoverable by deduction from benefits prescribed under that subsection;

• (b) amounts recoverable under any statutory provision having effect in Great Britain and corresponding to section 73 above shall be recoverable by deduction from benefits prescribed under subsection (4) of that section; and

• (c) amounts recoverable under Part III of the Great Britain Administration Act shall be recoverable by deduction from benefits prescribed under section 69(8) .

Adjustment of child benefit

Child benefit - overlap with benefits under legislation of ... member States.

76

Regulations may provide for adjusting child benefit payable in respect of any child or qualifying young person in respect of whom any benefit is payable under the legislation of any member State .

Part IV

Interpretation of Part IV.

77

• (1) In this Part of this Act—

• “benefit” means a jobseeker’s allowance or any benefit under the Contributions and Benefits Act except child benefit and, subject to regulations under subsection (2) below, the “relevant benefits” are such of those benefits as may be prescribed for the purposes of this Part of this Act;

• “certificate of deduction” means a certificate given by the compensator specifying the amount which he has deducted and paid to the Department in pursuance of section 78 below;

• “certificate of total benefit” means a certificate given by the Department in accordance with this Part of this Act;

• “compensation payment” means any payment falling to be made (whether voluntarily, or in pursuance of a court order or an agreement, or otherwise)—to or in respect of the victim in consequence of the accident, injury or disease in question, andeither—by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of that accident, injury or disease; orin pursuance of a compensation scheme for motor accidents,but does not include benefit or an exempt payment or so much of any payment as is referable to costs incurred by any person;

• “compensation scheme for motor accidents” means any scheme or arrangement under which funds are available for the payment of compensation in respect of motor accidents caused, or alleged to have been caused, by uninsured or unidentified persons;

• “compensator”, “victim” and “intended recipient” shall be construed in accordance with section 78(1) below;

• “payment” means payment in money or money’s worth, and cognate expressions shall be construed accordingly;

• “the recoupment provisions” means this Part and section 101 of the Great Britain Administration Act;

• “relevant deduction” means the deduction required to be made from the compensation payment in question by virtue of the recoupment provisions;

• “relevant payment” means the payment required to be made to the Department by virtue of the recoupment provisions;

• “relevant period” means—in the case of a disease, the period of 5 years beginning with the date on which the victim first claims a relevant benefit in consequence of the disease; orin any other case, the period of 5 years immediately following the day on which the accident or injury in question occurred;but where before the end of that period the compensator makes a compensation payment in final discharge of any claim made by or in respect of the victim and arising out of the accident, injury or disease, the relevant period shall end on the date on which that payment is made;

• “total benefit” means the gross amount referred to in section 78(1)(a) below.

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

• (3) For the purposes of this Part of this Act the following are the “exempt payments”—

• (a) any small payment, as defined in section 81 below;

• (b) any payment made to or for the victim under Article 3 of the Criminal Justice (Northern Ireland) Order 1980 ;

• (c) any payment to the extent that it is made—

• (i) in consequence of an action under the Fatal Accidents (Northern Ireland) Order 1977; or

• (ii) in circumstances where, had an action been brought, it would have been brought under that Order;

• (d) without prejudice to section 6(4) of the Vaccine Damage Payments Act 1979 (which provides for the deduction of any such payment in the assessment of any award of damages), any payment made under that Act to or in respect of the victim;

• (e) any award of compensation made to or in respect of the victim by the Secretary of State under Article 3 or 10 of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988;

• (f) any payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent. by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—

• (i) the accident, injury or disease suffered by the victim in question; or

• (ii) the same or any connected accident, injury or disease suffered by another;

• (g) any payment made out of property held for the purposes of any prescribed trust (whether the payment also falls within paragraph (f) above or not);