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Social Security Administration (Northern Ireland) Act 1992

Type Public General Act

Publication 1992-02-13

Last updated 2026-07-29

State In force

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(a) may provide for the universal credit to be paid as from the proposed commencing date at a rate determined by reference to the amounts of the items referred to in subsection (1)(b)(i) to (vi) above which will be in force on that date, or

(b) may be expressed in terms of the amounts of those items in force at the date of the award.

(6) In this section—

“alteration”—in relation to any element of universal credit, means its alteration by or under any enactment;in relation to a person's benefit income, means the alteration of any of the applicable sums by any enactment or by an order under section 132, 132A, 132B or 133 above to the extent that any such alteration affects the amount of his benefit income;in relation to any component of a contribution-based jobseeker's allowance or a contributory employment and support allowance, means its alteration by or under any enactment;in relation to any other matter, has such meaning as may be prescribed;

“applicable sums” means sums to which an order made under section 132, 132A, 132B or 133 above corresponding to an order made under section 150, 150A, 151A or 152 (as the case may be) of the Great Britain Administration Act may apply;

“benefit income”, in relation to a person, means so much of his income as consists of benefit under the Contributions and Benefits Act , state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 or personal independence payment;

“the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;

“component”—in relation to contribution-based jobseeker's allowance, means any of the sums specified in regulations under the Jobseekers (Northern Ireland) Order 1995 which are relevant in calculating the amount payable by way of a jobseeker's allowance;in relation to a contributory employment and support allowance, means any of the sums specified in regulations under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 which are relevant in calculating the amount payable by way of such an allowance;

“element”, in relation to universal credit, means any of the amounts specified in regulations under Articles 14 to 17 of the Welfare Reform (Northern Ireland) Order 2015 which are included in the calculation of an award of universal credit.

Effect of alteration of rates of personal independence payment

139E

(1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) shall have effect where—

(a) an award of personal independence payment is in force in favour of any person (“the recipient”); and

(b) an alteration in the rate of any component of personal independence payment affects the amount of personal independence payment to which he is entitled.

(2) Where, as a result of the alteration, the amount of personal independence payment to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of personal independence payment in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Department; and the award shall have effect accordingly.

(3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of personal independence payment as before, the award shall continue in force accordingly.

(4) Subsection (5) applies where a statement mentioned in section 159E(4) of the Great Britain Administration Act is made.

(5) If, in a case where this subsection applies, an award of personal independence payment is made in favour of a person before “the proposed commencing date” (within the meaning of section 159E(4) of the Great Britain Administration Act) and after the date on which the statement is made, the award—

(a) may provide for personal independence payment to be paid as from the proposed commencing date by reference to the rates of the component of personal independence payment which will be in force on that date; or

(b) may be expressed in terms of the rates of those components in force at the date of the award.

(6) In this section—

“alteration” means alteration by or under any enactment;

“the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;

“component”, in relation to personal independence payment, means the daily living component or mobility component (see Articles 83 and 84 of the Welfare Reform (Northern Ireland) Order 2015).

Implementation of increases in income support due to attainment of particular ages.

140

(1) This section applies where—

(a) an award of income support is in force in favour of a person (“the recipient”); and

(b) there is a component which becomes applicable, or applicable at a particular rate, in his case if he or some other person attains a particular age.

(2) If, in a case where this section applies, the recipient or other person attains the particular age referred to in paragraph (b) of subsection (1) above and, in consequence,—

(a) the component in question becomes applicable, or applicable at a particular rate, in the recipient’s case (whether or not some other component ceases, for the same reason, to be applicable, or applicable at a particular rate, in his case); and

(b) after taking account of any such cessation, the recipient becomes entitled to an increased amount of income support,

then, except as provided by subsection (3) below, as from the day on which he becomes so entitled, the amount of income support payable to or for him under the award shall be that increased amount, without any further decision of the Department, and the award shall have effect accordingly.

(3) Subsection (2) above does not apply in any case where, in consequence of the recipient or other person attaining the age in question, some question arises in relation to the recipient’s entitlement to personal independence payment or to any benefit under the Contributions and Benefits Act, other than—

(a) the question whether the component concerned, or any other component, becomes or ceases to be applicable, or applicable at a particular rate, in his case; and

(b) the question whether, in consequence, the amount of his income support falls to be varied.

(4) In this section “component”, in relation to a person and his income support, means any of the sums specified in regulations under section 131(1) of the Contributions and Benefits Act.

Implementation of increases in income-based jobseeker’s allowance due to attainment of particular ages.

140A

(1) This section applies where—

(a) an award of an income-based jobseeker’s allowance is in force in favour of a person (“the recipient”); and

(b) a component has become applicable, or applicable at a particular rate, because he or some other person has reached a particular age (“the qualifying age”).

(2) If, as a result of the recipient or other person reaching the qualifying age, the recipient becomes entitled to an income-based jobseeker’s allowance of an increased amount, the amount payable to or for him under the award shall, as from the day on which he becomes so entitled, be that increased amount, without any further decision of the Department and the award shall have effect accordingly.

(3) Subsection (2) above does not apply where, in consequence on the recipient or other person reaching the qualifying age, a question arises in relation to the recipient’s entitlement to—

(a) a benefit under the Contributions and Benefits Act;

(aa) personal independence payment; or

(b) a jobseekers’s allowance.

(4) Subsection (3)(b) above does not apply to the question—

(a) whether the component concerned, or any other component, becomes or ceases to be applicable, or applicable at a particular rate, in the recipient’s case; and

(b) whether, in consequence, the amount of his income-based jobseeker’s allowance falls to be varied.

(5) In this section “component”, in relation to a recipient and his jobseeker’s allowances, means any of the amounts determined in accordance with regulations made under Article 6(5) of the Jobseekers (Northern Ireland) Order 1995.

Implementation of increases in employment and support allowance due to attainment of particular ages

140B

(1) This section applies where—

(a) an award of an employment and support allowance is in force in favour of a person (“the recipient”), and

(b) a component has become applicable, or applicable at a particular rate, because he or some other person has reached a particular age (“the qualifying age”).

(2) If, as a result of the recipient or other person reaching the qualifying age, the recipient becomes entitled to an employment and support allowance of an increased amount, the amount payable to or for him under the award shall, as from the day on which he becomes so entitled, be that increased amount, without any further decision of the Department; and the award shall have effect accordingly.

(3) Subsection (2) above does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient's entitlement to

(a) a benefit under the Contributions and Benefits Act; or

(b) personal independence payment.

(4) Subsection (2) above does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient's entitlement to an employment and support allowance, other than—

(a) the question whether the component concerned, or any other component, becomes or ceases to be applicable, or applicable at a particular rate, in the recipient's case, and

(b) the question whether, in consequence, the amount of his employment and support allowance falls to be varied.

(5) In this section, “component”, in relation to a recipient and his employment and support allowance, means any of the amounts determined in accordance with regulations made under section 2(1)(a) or 4(2)(a) of the Welfare Reform Act (Northern Ireland) 2007.

Part XI — Finance

National Insurance Fund.

141

(1) The National Insurance Fund shall be maintained under the control and management of the Inland Revenue.

(2) Accounts of the National Insurance Fund shall be prepared by the Inland Revenue in such form, and in such manner and at such times, as the Treasury may direct, and the Comptroller and Auditor General . . . shall examine and certify every such account and shall lay copies of it, together with his report on it, before Parliament.

(3) Any money in the National Insurance Fund may from time to time be paid over to the National Debt Commissioners and be invested by them in any such manner for the time being specified in Part II of Schedule 1 to the Trustee Investments Act 1961 as the Treasury may specify by an order of which a draft has been laid before Parliament.

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

Destination of contributions.

142

(1) Contributions received by the Inland Revenue. . . shall be paid by them into the National Insurance Fund after deducting . . . the appropriate health service allocation . . . .

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

(2A) The reference to contributions in subsection (1) above includes payments on account of contributions made in accordance with regulations under section 3(5) of the Contributions and Benefits Act (payments on account of directors’ contributions).

(3) The additions paid under section 1(5) of the Contributions and Benefits Act shall be paid, in accordance with any directions given by the Treasury, into the National Insurance Fund.

(4) There shall be paid into the National Insurance Fund—

(a) so much of any interest recovered by the Inland Revenue by virtue of paragraph 6 of Schedule 1 to the Contributions and Benefits Act or section 101 of the Finance Act 2009 , or from persons in Northern Ireland by virtue of paragraph 6 of Schedule 2 to the Great Britain Contributions and Benefits Act (the text of which is set out as Schedule 2 to the Contributions and Benefits Act), as remains after the deduction by them of any administrative costs attributable to its recovery,

(b) the amounts apportioned to contributions under sub-paragraph (6) of paragraph 7 of Schedule 1 to the Contributions and Benefits Act in respect of the penalties mentioned in that sub-paragraph, and

(c) so much of any penalty otherwise imposed by virtue of that paragraph and recovered by the Inland Revenue as remains after the deduction by them of any administrative costs attributable to its recovery.

(4ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4ZB) Subsection (4)(b) and (c) above shall have effect notwithstanding any provision which treats a penalty under section 98 or 98A of the Taxes Management Act 1970 as if it were tax charged in an assessment and due and payable.

(4A) The sums recovered by the Inland Revenue under regulations made under paragraph 7A , 7B or 7BZA of Schedule 1 to the Contributions and Benefits Act in respect of interest or penalties shall be paid into the National Insurance Fund.

(5) In subsection (1) above “the appropriate health service allocation” means 50 per cent of the product of the additional rate together with—

(a) in the case of primary Class 1 contributions, 2.05 per cent. of the amount estimated to be that of so much of the earnings in respect of which those contributions were paid as exceeded the primary threshold but did not exceed the upper earnings limit;

(b) in the case of secondary Class 1 contributions, 1.9 per cent. of the amount estimated to be that of the total earnings in respect of which primary Class 1 contributions were paid;

(c) in the case of Class 1A contributions, 1.9 per cent. of the amount estimated to be the aggregate of the general earnings and the amounts chargeable to income tax under section 403 of the Income Tax (Earnings and Pensions) Act 2003 used in calculating those contributions;

(ca) in the case of Class 1B contributions, 1.9 per cent. of the amount estimated to be the aggregate of the general earnings and the amounts of income tax in respect of which those contributions were paid;

(d) in the case of Class 2 contributions, 15.5 per cent. of the amount estimated to be the total of those contributions;

(e) in the case of Class 3 contributions, 15.5 per cent. of the amount estimated to be the total of those contributions;

(ea) in the case of Class 3A contributions, 15.5 per cent of the amount estimated to be the total of those contributions; and

(f) in the case of Class 4 contributions, 2.15 per cent of the amount estimated to be that of so much of the profits or gains, or earnings, in respect of which those contributions were paid as exceeded the lower limit specified in paragraph (a) of subsection (3) of section 15, and in paragraph (a) of subsection (1A) of section 18, of the Contributions and Benefits Act but did not exceed the upper limit specified in those subsections.

(5A) In subsection (5) above “the product of the additional rate” means the amount estimated to be the aggregate of—

(a) so much of the total of primary Class 1 contributions as is attributable to section 8(1)(b) of the Contributions and Benefits Act (additional primary percentage);

(b) so much of the total of Class 4 contributions under section 15 of that Act as is attributable to subsection (3)(b) of that section (additional Class 4 percentage); and

(c) so much of the total of Class 4 contributions payable by virtue of section 18 of that Act as is attributable to subsection (1A)(b) of that section (additional Class 4 percentage).

(6) In subsections (5) and (5A) above “estimated” means estimated by the Inland Revenue in any manner which the Inland Revenue consider to be appropriate and which the Treasury has approved.

(6A) In the case of earners paid other than weekly, the reference in subsection (5)(a) above to the primary threshold or the upper earnings limit shall be taken as a reference to the equivalent of that threshold or limit prescribed under section 5(4) of the Contributions and Benefits Act.

(7) Whenever the Treasury makes an order under section 162(7) of the Great Britain Administration Act (destination of contributions — national health service allocation), the order may also make corresponding provision for Northern Ireland.

(8) No order under subsection (7) above shall substitute a figure which represents an increase or decrease in the appropriate health service allocation of more than—

(a) 0.1 per cent. of the relevant earnings, in the case of paragraph (a) or (b);

(b) 0.1 per cent. of the relevant aggregate, in the case of paragraph (c) or (ca);

(d) 0.2 per cent. of the relevant earnings, in the case of paragraph (f).

(9) From the health service allocation in respect of contributions of any class there shall be deducted such amount as the Inland Revenue may estimate to be the portion of the total expenses incurred by them or any other government department in collecting contributions of that class which is fairly attributable to that allocation, and the remainder shall be paid by the Inland Revenue to the relevant Northern Ireland Department towards the cost of the health service in Northern Ireland.

(10) Any amounts deducted in accordance with subsection (9) above shall be paid by the Inland Revenue into the Consolidated Fund.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) The Inland Revenue may make regulations modifying this section, in such manner as they think appropriate, in relation to the contributions of persons referred to in the following provisions of the Contributions and Benefits Act—

(a) section 116(2) (H.M. Forces);

(b) section 117(1) (mariners, airmen, etc.),

and in relation to any contributions which are reduced under section 6(5) of that Act.

General financial arrangements.

143

(1) There shall be paid out of the National Insurance Fund—

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

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

(a) benefit under Part II of the Contributions and Benefits Act;

(b) guardian’s allowance;

(d) any sum which under. regulations relating to statutory sick pay, statutory maternity pay, statutory adoption pay , statutory paternity pay , statutory shared parental pay or statutory parental bereavement pay , falls to be paid by or on behalf of the Inland Revenue or to be set off against sums payable to the Inland Revenue otherwise than on account of contributions;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) There shall be paid out of money appropriated by Measure—

(a) any administrative expenses of the Department or any other government department in carrying into effect the Contributions and Benefits Act , Part 1 of the Pensions Act (Northern Ireland) 2015 , section 29 of that Act or this Act;

(aa) any administrative expenses of the Department in supplying information about benefits under Part II of that Act in accordance with regulations under Article 21 of the Welfare Reform and Pensions (Northern Ireland) Order 1999.

(b) benefit under Part III of that Act, other than guardian’s allowance;

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

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

(3) The administrative expenses referred to in subsection (2)(a) above include those in connection with any inquiry undertaken-

(a) on behalf of the Inland Revenue with a view to obtaining statistics relating to the operation of Part I of the Contributions and Benefits Act, and

(b) on behalf of the Department with a view to obtaining statistics relating to the operation of Parts II to VI and XI of that Act or Part 1 of the Pensions Act (Northern Ireland) 2015 or section 29 of that Act .

(4) Any sums required by any person for the purpose of paying any secondary Class 1 contributions , or any Class 1A contributions, which are payable by him in respect of an earner in consequence of the earner’s employment in an office of which the emoluments are payable out of the Consolidated Fund shall be paid out of that Fund.

(5) Any expenditure in respect of the payment of interest or repayment supplements under or by virtue of paragraph 6 or 7B of Schedule 1 to the Contributions and Benefits Act or paragraph 6 of Schedule 2 to that Act shall be defrayed out of the National Insurance Fund in accordance with any directions given by the Treasury.

Destination of repayments, etc.

144

(1) Subject to Article 38 of the Jobseekers (Northern Ireland) Order 1995 , section 27 of the Welfare Reform Act (Northern Ireland) 2007 and to the following provisions of this section, so far as it relates to payments out of money appropriated by Measure, any sum recovered by the Department under or by virtue of this Act shall be paid into the Consolidated Fund.

(2) So far as any such sum relates to a payment out of the National Insurance Fund, it shall be paid into that Fund.

(3) So far as any such sum relates to a payment out of the social fund, it shall be paid into that fund.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6) Any sums recovered by the Department under section 13A above. . . shall be paid—

(a) into the Consolidated Fund to the extent that it estimates that those sums relate to payments out of money appropriated by Measure; and

(b) into the National Insurance Fund to the extent that it estimates that they relate to payments out of that Fund.

(7) Any sums received by the Department under regulations made by virtue of section 13A(2)(b) above shall be paid into the Consolidated Fund.

(7) Any sums repaid to the Department in pursuance of section 119(1) of the 1975 Act (which related to the effect of adjudication and was repealed subject to a saving in relation to certain reviews and appeals) shall—

(a) be paid by it into the Consolidated Fund in so far as they represent benefit which under section 143 above is payable out of money appropriated for the purpose and not out of the National Insurance Fund; and

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

(8) All penalties recovered under section 109A or 109B above shall be paid into the Consolidated Fund.

Adjustments between National Insurance Fund and Consolidated Fund.

145

(1) There shall be made out of the National Insurance Fund into the Consolidated Fund, or by the Department out of money appropriated by Measure to the Inland Revenue for payment into the National Insurance Fund—

(a) such payments by way of adjustment as the Department determines (in accordance with any directions of the Department of Finance and Personnel) to be appropriate in consequence of the operation of any statutory provision relating to—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) the repayment or offsetting of benefit as defined in section 121 of the Contributions and Benefits Act , universal credit , personal independence payment or other payments; and

(b) such payments by way of adjustment as the Inland Revenue determine to be appropriate in consequence of the operation of any statutory provision relating to—

(i) statutory sick pay; . . .

(ii) statutory maternity pay.

(iii) statutory paternity pay;

(iv) statutory adoption pay; ...

(v) statutory shared parental pay.; and

(vi) statutory parental bereavement pay.

(2) Where any such payments as are specified in subsection (3) below fall to be made by way of adjustment, then, subject to subsection (4) below,—

(a) the amount of the payments to be made shall be taken to be such, and

(b) payments on account of them shall be made at such times and in such manner,

as may be determined by the appropriate authority.

(2A) In subsection (2) above “the appropriate authority” means—

(a) the Department, in relation to payments falling to be made by it, or

(b) the Inland Revenue, in relation to payments falling to be made by them;

and any determination by the Department under that subsection must be made in accordance with any directions given by the Department of Finance and Personnel.

(3) The payments mentioned in subsection (2) above are the following, that is to say—

(a) any such payments falling to be made by way of adjustment under subsection (1) (b) above;

(b) any such payments falling to be made by way of adjustment in consequence of the operation of any enactment or regulations relating to child benefit—

(i) out of the National Insurance Fund into the Consolidated Fund, or

(ii) into the National Insurance Fund out of money appropriated by Measure; and

(c) any such payments falling to be made by way of adjustment in circumstances other than those mentioned in subsection (1) or paragraph (b) above—

(i) out of the National Insurance Fund either to the Department or another government department or into the Consolidated Fund; or

(ii) into the National Insurance Fund out of money appropriated by Measure.

(4) In relation to payments falling within paragraph (a) or (c) of subsection (3) above, subsection (2) above only applies in such cases or classes of case as may be specified-

(a) in relation to payments falling to be made by the Department, by the Department by order made with the concurrence of the Inland Revenue, or

(b) in relation to payments falling to be made by the Inland Revenue, by the Inland Revenue by order.

(5) There shall be paid out of the National Insurance Fund into the Consolidated Fund, at such times and in such manner as the Treasury may direct—

(a) such sums as the Inland Revenue may estimate to be the amount of the administrative expenses incurred by them as mentioned in section 143(2)(a) above , or in carrying into effect any relevant legislation, excluding any expenses which the Treasury may direct, or any statutory provision may require, to be excluded from the Inland Revenue’s estimate under this subsection, and

(b) such sums as the Department may estimate (in accordance with any directions given by the Department of Finance and Personnel) to be the amount of the administrative expenses incurred as mentioned in section 143(2)(a) or (aa) above by any government department other than the Inland Revenue, excluding the expenses specified in subsection (6) below.

(5A) There shall be excluded from the estimate under subsection (5)(a) above any expenses attributable to the carrying into effect of provisions of this Act so far as relating to state pension credit.

(5B) In subsection (5)(a) “relevant legislation” means—

(a) legislation relating to ordinary statutory paternity pay, additional statutory paternity pay , statutory adoption pay or statutory parental bereavement pay ,

(b) the National Insurance Contributions Act 2014, or

(6) The expenses excluded from the estimate under subsection (5)(b) above are —

(a) expenses attributable to the carrying into effect of provisions of the Contributions and Benefits Act or this Act relating to state pension credit , income-related employment and support allowance , universal credit or the benefits which by virtue of section 143(2) above are payable out of money appropriated by Measure; and

(b) any other category of expenses which the Department of Finance and Personnel may direct, or any statutory provision may require, to be excluded from the Department’s estimate under subsection (5)(b) above;

but none of the administrative expenses of the Christmas bonus shall be excluded from that estimate by virtue of paragraph (a) or (b) above.

(7) In this section “Consolidated Fund” means the Consolidated Fund of Northern Ireland or the Consolidated Fund of the United Kingdom as appropriate.

146

(1) The fund known as the social fund shall continue in being by that name.

(2) The social fund shall continue to be maintained under the control and management of the Department and payments out of it shall be made by the Department.

(3) The Department shall make payments into the social fund of such amounts, at such times and in such manner as the Department may with the approval of the Department of Finance and Personnel determine.

(4) Accounts of the social fund shall be prepared in such form, and in such manner and at such times, as the Department of Finance and Personnel may direct, and the Comptroller and Auditor General for Northern Ireland shall examine and certify every such account and shall lay copies of it, together with his report, before the Assembly.

(5) The Department shall prepare an annual report on the social fund.

(6) A copy of every such report shall be laid before the Assembly.

147

(1) The Department shall allocate amounts for payments from the social fund such as are mentioned in section 134(1)(b) of the Contributions and Benefits Act (in this section referred to as “section 134(1)(b) payments”) .

(2) The Department may specify the amounts either as sums of money or by reference to money falling into the social fund on the repayment or partial repayment of loans, or partly in the former and partly in the latter manner.

(3) Allocations—

(a) may be for all section 134(1)(b) payments or for any description of such payments;

(b) may be of different amounts for payments of different descriptions ;

(d) may be in addition to any other allocation....

(3A) Without prejudice to the generality of subsection (3)(a) above, descriptions of section 134(1)(b) payments may, in particular, be framed by reference to—

(a) the purposes for which payments are made;

(b) the persons by whom payments are made (including where such persons are located);

(4) The Department may at any time re-allocate amounts previously allocated, and subsections (2) and (3) above shall have effect in relation to a re-allocation as they have effect in relation to an allocation.

(5) The Department may give general directions to appropriate officers or groups of appropriate officers, or to any class of appropriate officers, with respect to the control and management by appropriate officers or groups of appropriate officers of any amounts allocated to them under this section.

(6) In this section “appropriate officer” means an officer of the Department who, acting under its authority, is exercising functions of the Department in relation to section 134(1)(b) payments .

148

(1) There shall be made—

(a) out of the social fund into the Consolidated Fund or the National Insurance Fund;

(b) into the social fund out of money appropriated by Measure or the National Insurance Fund,

such payments by way of adjustment as the Department determines (in accordance with any directions of the Department of Finance and Personnel) to be appropriate in consequence of any statutory provision relating to the repayment or offsetting of a benefit under the Contributions and Benefits Act or the State Pension Credit Act (Northern Ireland) 2002 .

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

(a) out of the social fund into the Consolidated Fund or the National Insurance Fund; or

(b) into the social fund out of money appropriated by Measure or the National Insurance Fund,

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

Part XII — Advisory Bodies and the Duty to Consult

149

(1) The Department may from time to time—

(a) refer to the Social Security Advisory Committee for consideration and advice such questions relating to the operation of any of the relevant enactments as the Department thinks fit (including questions as to the advisability of amending any of them);

(b) refer to the Industrial Injuries Advisory Council for consideration and advice such questions as the Department thinks fit relating to industrial injuries benefit or its administration.

(2) Subject—

(a) to subsection (3) below; and

(b) to section 150 below,

where the Department proposes to make regulations under any of the relevant enactments, it shall refer the proposals, in the form of draft regulations or otherwise, to the Social Security Advisory Committee.

(2A) Subject—

(a) to subsection (3) below; and

(b) to section 150 below,

where the Department proposes to make regulations relating only to industrial injuries benefit or its administration, it shall refer the proposals, in the form of draft regulations or otherwise, to the Industrial Injuries Advisory Council for consideration and advice.

(3) Subsection (2) above does not apply to the regulations specified in Schedule 5 to this Act ; and subsection (2A) above does not apply to the regulations specified in Schedule 5A to this Act.

(3A) The Industrial Injuries Advisory Council may also give advice to the Department on any other matter relating to industrial injuries benefit or its administration.

(4) The Department shall furnish the Social Security Advisory Committee with such information as the Committee may reasonably require for the proper discharge of its functions.

(5) In this section “the relevant enactments” means—

(a) the provisions of the Contributions and Benefits Act , this Act and the Social Security (Incapacity for Work) (Northern Ireland) Order 1994, except as they apply to industrial injuries benefit...;

(aa) the provisions of the Jobseekers (Northern Ireland) Order 1995;

and

(ab) Article 4 of the Child Support (Northern Ireland) Order 1995;

(ac) the provisions of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997; and

(ad) the provisions of Chapter II of Part II of the Social Security (Northern Ireland) Order 1998 and Article 68 of that Order;

(ae) Articles 57, 69 and 70 of the Welfare Reform and Pensions (Northern Ireland) Order 1999, and

(af) sections 38... , 60 and 61 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; and

(ag) sections 5A to 10 of the Social Security Fraud Act (Northern Ireland) 2001; or

(ah) the provisions of the State Pension Credit Act (Northern Ireland) 2002;

(ai) Article 9 of the Age-Related Payments (Northern Ireland) Order 2004;

(aia) the provisions of Part 1 of the Welfare Reform Act (Northern Ireland) 2007;

(aj) sections 32 and 33 of the Welfare Reform Act (Northern Ireland) 2007;

(ak) the provisions of Part 2 of the Welfare Reform (Northern Ireland) Order 2015;

(aka) Articles 101 to 102 of that Order;

(al) Part 5 of that Order;

(am) the provisions of Part 1 of the Pensions Act (Northern Ireland) 2015;

(an) section 29 of the Pensions Act (Northern Ireland) 2015;

(ao) Articles 13, 14 and 16 of the Welfare Reform and Work (Northern Ireland) Order 2016;

(b) the provisions of Part II of Schedule 3 to the Consequential Provisions Act, except as they apply to industrial injuries benefit; . . .

Cases in which consultation with Committee is not required.

150

(1) Nothing in any statutory provision shall require any proposals in respect of regulations to be referred to the Committee or the Councilif—

(a) it appears to the Department that by reason of the urgency of the matter it is inexpedient so to refer them; or

(b) the Committee or the Council has agreed that they shall not be referred.

(2) Where by virtue only of subsection (1)(a) above the Department makes regulations without proposals in respect of them having been referred, then, unless the Committee or the Councilagrees that this subsection shall not apply, the Department shall refer the regulations as soon as practicable after making them.

(3) Where the Department has referred proposals to the Committee or the Council, the Department may make the proposed regulations before the Committee has made its report or, as the case may be, the Council has given its adviceonly if after the reference it appears to the Department that by reason of the urgency of the matter it is expedient to do so.

(4) Where by virtue of this section regulations are made before a report of the Committee has been made, the Committee shall consider them and make a report to the Department containing such recommendations with regard to the regulations as the Committee thinks appropriate; and a copy of any report made to the Department on the regulations shall be laid by it before the Assembly together, if the report contains recommendations, with a statement—

(a) of the extent (if any) to which the Department proposes to give effect to the recommendations; and

(b) in so far as it does not propose to give effect to them, of its reasons why not.

(5) Except to the extent that this subsection is excluded by a statutory provision passed or made after 5th November 1986, nothing in any statutory provision shall require the reference to the Committee or the Councilof any regulations contained in either—

(a) a statutory rule made before the end of the period of 6 months beginning with the coming into operation of the statutory provision under which those regulations are made; or

(b) a statutory rule—

(i) which states that it contains only regulations made by virtue of, or consequential upon, a specified statutory provision; and

(ii) which is made before the end of the period of 6 months beginning with the coming into operation of that specified statutory provision.

(6) In this section and in section 151 below—

“the Committee” means the Social Security Advisory Committee;

“the Council” means the Industrial Injuries Advisory Council;

“regulations” means regulations under any statutory provision, whenever passed or made.

Committee’s report on regulations and Department’s duties.

151

(1) The Committee shall consider any proposals referred to it by the Department under section 149 above and shall make to the Department a report containing such recommendations with regard to the subject-matter of the proposals as the Committee thinks appropriate.

(2) If, after receiving a report of the Committee, the Department lays before the Assembly any regulations which comprise the whole or any part of the subject-matter of the proposals referred to the Committee, the Department shall lay with the regulations a copy of the Committee’s report and a statement showing—

(a) the extent (if any) to which the Department has, in framing the regulations, given effect to the Committee’s recommendations; and

(b) in so far as effect has not been given to them, the Department’s reasons why not.

(3) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (procedure for laying documents before the Assembly) shall apply in relation to any document which by virtue of subsection (2) above is required to be laid before the Assembly as if it were a statutory document within the meaning of that Act.

(4) In relation to regulations required or authorised to be made by the Department in conjunction with the Department of Finance and Personnel, any reference in this section or section 150 above to the Department shall be construed as a reference to the Department and the Department of Finance and Personnel.

The Disability Living Allowance Advisory Board

The Disability Living Allowance Advisory Board.

152

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

Co-ordination

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

153

Reciprocity

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

154

Reciprocal agreements with countries outside the United Kingdom.

155

(1) For the purpose of giving effect—

(a) to any agreement with the government of a country outside the United Kingdom or an international organisation providing for reciprocity in matters relating to payments for purposes similar or comparable to the purposes of legislation to which this section applies, or

(b) to any such agreement as it would be if it were altered in accordance with proposals to alter it which, in consequence of any change in the law of Northern Ireland, the government of the United Kingdom has made to the other government or international organisation in question,

the Secretary of State may by order make provision for modifying or adapting such legislation in its application to cases affected by the agreement or proposed alterations.

(2) An order made by virtue of subsection (1) above may, instead of or in addition to making specific modifications or adaptations, provide generally that legislation to which this section applies shall be modified to such extent as may be required to give effect to the provisions contained in the agreement or, as the case may be, alterations in question.

(3) The modifications which may be made by virtue of subsection (1) above include provisions—

(a) for securing that acts, omissions and events having any effect for the purposes of the law in force in the country in respect of which the agreement is made or has effect have a corresponding effect for the purposes of this Act , the Jobseekers (Northern Ireland) Order 1995, Chapter II of Part II of the Social Security (Northern Ireland) Order 1998 , the State Pension Credit Act (Northern Ireland) 2002 , Part 1 of the Welfare Reform Act (Northern Ireland) 2007 , Part 2 of the Welfare Reform (Northern Ireland) Order 2015 , Part 5 of that Order , Part 1 of the Pensions Act (Northern Ireland) 2015 , Part 5 of that Act and the Contributions and Benefits Act (but not so as to confer a right to double benefit);

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

(4) This section applies—

(a) to the Contributions and Benefits Act ;

(aa) to the Jobseekers (Northern Ireland) Order 1995;

...

(ab) to Chapter II of Part II of the Social Security (Northern Ireland) Order 1998;...

(ac) to the State Pension Credit Act (Northern Ireland) 2002;...

(ad) to Part 1 of the Welfare Reform Act (Northern Ireland) 2007;

(ae) to Part 2 of the Welfare Reform (Northern Ireland) Order 2015;

(af) to Part 5 of that Order;

(ag) to Part 1 of the Pensions Act (Northern Ireland) 2015;

(ah) to Part 5 of the Pensions Act (Northern Ireland) 2015;

(ai) to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(aj) to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(ak) to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(al) to Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(am) to Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018.

(b) to this Act,

except in relation to the following benefits—

(i) payments out of the social fund;

(ii) Christmas bonus;

(iii) statutory sick pay; and

(iv) statutory maternity pay.

(5) The power conferred by subsection (1) above shall also be exercisable in relation to regulations made under the Contributions and Benefits Act , this Act or Part 1 of the Welfare Reform Act (Northern Ireland) 2007 or Part 1 of the Pensions Act (Northern Ireland) 2015 or section 29 of that Act and concerning—

(za) universal credit;

(a) income support;

(aa) jobseeker’s allowance;

(ab) state pension credit;

(ac) employment and support allowance;

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

(ae) bereavement support payment;

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

(d) housing benefit; or

(e) child benefit.

(6) In this section, “international organisation” means an organisation of which—

(a) two or more sovereign powers are members, or

(b) the governments of two or more sovereign powers are members.

Exchange of information with overseas authorities

155A

(1) This section applies where it appears to the Department—

(a) that there are arrangements in force for the exchange of relevant information between the Department and any authorities in a country outside the United Kingdom ('the overseas country’); and

(b) that the arrangements and the law in force in the overseas country are such as to ensure that there are adequate safeguards in place against any improper use of information disclosed by the Department under this section

(2) For the purpose of facilitating the carrying out by authorities in the overseas country of any function relating to anything corresponding to, or in the nature of, a social security benefit, the Department may make any such disclosure of relevant information to authorities in the overseas country as the Department considers necessary to give effect to the arrangements.

(3) It shall be the duty of the Department to take all such steps as may be reasonable for securing that relevant information disclosed to it in accordance with the arrangements is not used for any purpose in which its use is not expressly or impliedly authorised by or under the arrangements.

(4) This section does not apply where provision is in force under section 155 above for giving effect to the arrangements in question.

(5) The purposes for which information may be required to be disclosed to the Department under section 116D above or section 122D of the Great Britain Administration Act (information required from authorities administering housing benefit or council tax benefit) shall be deemed to include the further disclosure of that information in accordance with this section.

(6) In this section 'relevant information’ means any information held by the Department or any authorities in a country outside the United Kingdom for the purposes of any functions relating to, or to anything corresponding to or in the nature of, a social security benefit.

Part XIV — Miscellaneous

Travelling expenses

Payment of travelling expenses by Department.

156

The Department may pay such travelling expenses as, with the consent of the Department of Finance and Personnel, the Department may determine—

(a) to persons required by the Department to attend any interview in connection with the operation of the Contributions and Benefits Act , the Jobseekers (Northern Ireland) Order 1995, the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997, Chapter II of Part II of the Social Security (Northern Ireland) Order 1998 , the State Pension Credit Act (Northern Ireland) 2002 , Part 1 of the Welfare Reform Act (Northern Ireland) 2007 , Part 2 of the Welfare Reform (Northern Ireland) Order 2015 , Part 5 of that Order or this Act;

(b) to persons attending social security offices of the Department in connection with the operation—

(i) of the Contributions and Benefits Act , the Jobseekers (Northern Ireland) Order 1995, the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997, Chapter II of Part II of the Social Security (Northern Ireland) Order 1998 , the State Pension Credit Act (Northern Ireland) 2002 , Part 1 of the Welfare Reform Act (Northern Ireland) 2007 , Part 2 of the Welfare Reform (Northern Ireland) Order 2015 , Part 5 of that Order or this Act; or

(ii) of any prescribed statutory provision.

Payment of travelling expenses by the Commissioners of Inland Revenue

156A

The Inland Revenue may pay such travelling expenses as they may determine—

(a) to persons required by them to attend any interview in connection with the operation of the Contributions and Benefits Act, this Act, or Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999;.

(b) to persons attending local offices in connection with the operation of the Contributions and Benefits Act, this Act, or Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999.

Offences

Impersonation of officers.

157

If any person, with intent to deceive, falsely represents himself to be a person authorised by the Department to act in any capacity (whether under this Act or otherwise) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Illegal possession of documents.

158

(1) If any person—

(a) as a pledge or a security for a debt; or

(b) with a view to obtaining payment from the person entitled to it of a debt due either to himself or to any other person,

receives, detains or has in his possession any document issued by or on behalf of the Department in connection with any benefit, pension or allowance (whether payable under the Contributions and Benefits Act or otherwise) he shall be guilty of an offence.

(2) If any such person has such a document in his possession without lawful authority or excuse (the proof whereof shall lie on him) he shall be guilty of an offence.

(3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale or to both.

Redirection of post

158A

(1) A social security authority may require a postal operator (within the meaning of Part 3 of the Postal Services Act 2011 ) to return to the sender social security post sent by or on behalf of the authority which would otherwise be redirected.

(2) A social security authority shall make payments of such amount as the Department considers reasonable in respect of the return of social security post in compliance with a requirement imposed by the authority under subsection (1) above.

(3) In subsections (1) and (2) above “social security authority” means—

(a) the Department;

(b) the Housing Executive;

(d) any local or other authority administering housing benefit or council tax benefit (other than the Housing Executive).

(4) In subsections (1) and (2) above “social security post” means postal packets—

(a) the contents of which relate to any benefit, contributions or national insurance number or to any other matter relating to social security; and

(b) which are marked, in a manner approved by the postal operator concerned, with the name and address of the sender and with an indication that they are to be returned rather than redirected.

(5) In this section—

(a) “redirected”, in relation to any postal packet, means delivered to an address other than that indicated by the sender on the packet; and

(b) “postal packet” has the same meaning as in Part 3 of the Postal Services Act 2011 .

(6) Any requirement imposed under subsection (1) above has effect subject to any order under—

(a) Article 342 of the Insolvency (Northern Ireland) Order 1989 or section 371 of the Insolvency Act 1986 (redirection of bankrupt’s letters to trustee in bankruptcy);

(b) paragraph 15 of Schedule 1 to the Solicitors (Northern Ireland) Order 1976 or paragraph 10 of Schedule 1 to the Solicitors Act 1974 (redirection of letters following intervention by Law Society); or

(c) paragraph 10 of Schedule 5 to the Administration of Justice Act 1985 (redirection of letters following intervention by Council for Licensed Conveyancers).

Requirement to supply information about redirection of post.

158B

(1) The Department or the Secretary of State may require a postal operator to supply information relating to arrangements for the redirection of postal packets to, or to a person supplying services to, the Department or the Secretary of State—

(a) for use in the prevention, detection, investigation or prosecution of offences relating to social security; or

(b) for use in checking the accuracy of information relating to benefits, contributions or national insurance numbers or to any other matter relating to social security and (where appropriate) amending or supplementing such information.

(2) The Housing Executive or any other local or other authority administering housing benefit or council tax benefit may require a postal operator to supply information relating to arrangements for the redirection of postal packets to the authority or a person authorised to exercise any function of the authority relating to housing benefit or council tax benefit—

(a) for use in the prevention, detection, investigation or prosecution of offences relating to such a benefit; or

(b) for use in checking the accuracy of information relating to such a benefit and (where appropriate) amending or supplementing such information.

(3) Information shall be supplied under subsection (1) or (2) above in such manner and form, and in accordance with such requirements, as may be prescribed.

(4) Payments of such amount as the Department considers reasonable shall be made by a person or authority imposing a requirement under subsection (1) or (2) above in respect of the supply of information in compliance with the requirement.

(5) Information supplied under subsection (1) or (2) above shall not be supplied by the recipient to any other person or body unless—

(a) it could be supplied to that person or body under either of those subsections; or

(b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the Jobseekers (Northern Ireland) Order 1995 , Part 2 of the Welfare Reform (Northern Ireland) Order 2015 , Part 5 of that Order or this Act or to any enactment applying in Great Britain corresponding to any of them.

(6) But where information supplied under subsection (1) or (2) above has been used (in accordance with paragraph (b) of the subsection concerned) in amending or supplementing other information, it is lawful for it to be—

(a) supplied to any person or body to whom that other information could be supplied; or

(b) used for any purpose for which that other information could be used.

(7) In subsections (1) and (2) above “arrangements for the redirection of postal packets” means arrangements made with the postal operator concerned for the delivery of postal packets to addresses other than those indicated by senders on the packets.

(8) In this section -

“postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011 ;

“postal packet” has the same meaning as in that Part .

National insurance numbers

Requirement to apply for national insurance number.

158C

(1) Regulations may make provision person to apply for a national insurance number to be allocated to him.

(1A) Regulations under subsection (1) above may require the application to be made to the Department or to the Inland Revenue.

(2) An application required by regulations under subsection (1) above shall be accompanied by information or evidence enabling such a number to be allocated.

Industrial injuries and diseases

Research on industrial injuries, etc.

159

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

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

(b) it is contemplated might be prescribed for the purposes of sections 108 to 110 of the Contributions and Benefits Act,

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

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

Control of pneumoconiosis.

160

(1) As respects pneumoconiosis, regulations may provide—

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

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

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

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

(c) for the disqualification for the receipt of personal independence payment, or benefit as defined in section 121 of the Contributions and Benefits Act, in respect of pneumoconiosis of any person who fails without good cause to submit himself to any such examination or to furnish information required by the regulations or who engages in any employment from which he has been suspended as mentioned in paragraph (b) above;

(d) for requiring employers—

(i) to provide facilities for such examinations,

(ii) not to employ in any occupation a person who has been suspended as mentioned in paragraph (b) above from employment in that occupation or who has failed without good cause to submit himself to such an examination,

(iii) to give to such officer as may be prescribed the prescribed notice of the commencement of any prescribed industry or process;

(e) for the recovery on summary conviction of monetary penalties in respect of any contravention of or failure to comply with any such requirement as is mentioned in paragraph (d) above, but those penalties shall not exceed £5 for every day on which the contravention or failure occurs or continues;

(f) for such matters as appear to the Department to be incidental to or consequential on provisions included in the regulations by virtue of paragraphs (a) to (d) above or section 110(1) of the Contributions and Benefits Act.

Workmen’s compensation, etc.

Administration of workmen’s compensation etc.

161

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

Supplementary benefit etc.

Application of provisions of Act to supplementary benefit, etc.

162

Schedule 7 to this Act shall have effect for the purposes of making provision in relation to the benefits there mentioned.

Miscellaneous

Certain benefit to be inalienable.

163

(1) Subject to the provisions of this Act, every assignment of, or charge on—

(za) universal credit;

(zb) 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;

(aa) a jobseeker’s allowance;

(ab) state pension credit;

(ac) an employment and support allowance;

(ad) personal independence payment;

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

(b) any income-related benefit; or

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

(2) In calculating for the purposes of Article 30, 73(5)(b), 99(6)(b) or 107 of the Judgments Enforcement (Northern Ireland) Order 1981 or Article 101(5)(b) of the Magistrates’ Courts (Northern Ireland) Order 1981 the means of any beneficiary, no account shall be taken of any increase of disablement benefit in respect of a child, or of industrial death benefit.

Exemption from stamp duty.

164

(1) Stamp duty shall not be chargeable on any document to which this subsection applies.

(2) Subsection (1) above applies to any document authorised by virtue—

(a) of Parts I to VI of the Contributions and Benefits Act; or

(b) of any provision of this Act so far as it operates in relation to matters to which those Parts relate,

or otherwise required in order to give effect to those Parts or to any such provision so far as it so operates or in connection with any description of business thereunder.

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

Part XV — General

Subordinate legislation

Regulations and orders - general.

165

(1) Subject to subsection (2) below and to any provision providing for an order or regulations to be made by the Secretary of State, the Treasury or the Inland Revenue and toany specific provision of this Act, regulations and orders under this Act shall be made by the Department.

(2) Regulations with respect to proceedings before the Commissioners (whether for the determination of any matter or for leave to appeal to or from the Commissioners) shall be made by the Lord Chancellor.

(3) Any power conferred by this Act on the Department , the Secretary of State or the Lord Chancellor to make regulations or orders is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(4) Except in the case of regulations under section 22 or 152 above and in so far as this Act otherwise provides, any power conferred by this Act to make regulations or an order may be exercised—

(a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;

(b) so as to make, as respects the cases in relation to which it is exercised—

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act;

(iii) any such provision either unconditionally or subject to any specified condition;

and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes; and powers to make regulations or an order for the purposes of any one provision of this Act are without prejudice to powers to make regulations or an order for the purposes of any other provision.

(5) Without prejudice to any specific provision of this Act, any power conferred by this Act to make regulations or an order (other than the power conferred by section 22), includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations or order to be expedient for the purposes of the regulations or order.

(5A) The provision referred to in subsection (5) includes, in a case where regulations under this Act require or authorise the use of electronic communications, provision referred to in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001.

(5B) For the purposes of subsection (5A), references in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001 to an order under section 1 of that Act are to be read as references to regulations under this Act; and references to anything authorised by such an order are to be read as references to anything required or authorised by such regulations.

(6) Without prejudice to any specific provision of this Act, a power conferred by any provision of this Act, except sections 12, 24, 122 and 152, to make regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter.

(7) Any power conferred by Part VIII of this Act to make regulations relating to housing benefit shall include power to make different provision for different areas.

(7A) Without prejudice to the generality of any of the preceding provisions of this section, regulations under any of sections 2A to 2F and 5A above may provide for all or any of the provisions of the regulations to apply only in relation to any area or areas specified in the regulations.

(8) Regulations under Part VIII of this Act relating to housing benefit administered by the Department of the Environment under section 126(3)(b) above shall not be made without the consent of that Department.

(9) Any power to make—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) regulations under section . . . 152(5)(c) above;

shall be exercisable with the consent of the Department of Finance and Personnel.

(10) Any power of the Department under any provision of this Act, except sections 76, 134, and 152, to make any regulations or an order, where the power is not expressed to be exercisable with the consent of the Department of Finance and Personnel, shall if that Department so directs be exercisable only in conjunction with it.

(11) A power under section 155 above to make regulations, or to make provision by an order, for modifications or adaptations of the Contributions and Benefits Act or this Act shall be exercisable in relation to any enactment passed or made after this Act which is directed to be construed as one with them, except in so far as any such enactment relates to a benefit in relation to which the power is not exercisable; but this subsection applies only so far as a contrary intention is not expressed in the enactment, and is without prejudice to the generality of any such direction.

(11A) Any power of the Treasury or the Inland Revenue under this Act to make regulations or orders is exercisable by statutory instrument; and subsections (4) to (6) above apply to those regulations or orders as they apply to regulations or orders made by the Department.

(12) Any reference in this section or section 166 below to an order or regulations under this Act includes a reference to an order or regulations made under any provision of an enactment passed or made after this Act which is directed to be construed as one with this Act; but this subsection applies only so far as a contrary intention is not expressed in the enactment, and is without prejudice to the generality of any such direction.

Assembly, etc. control of orders and regulations.

166

(1) The regulations and orders to which this subsection applies shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations or order, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations or a new order) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have, or the order has, been approved by a resolution of the Assembly.

(2) Subsection (1) above applies—

(za) to any order made under section 109A(3B);

(a) to any regulations made by the Department under section . . . 116B(1)(b), 131 or 134 above; and

(aa) the first regulations to be made under section 2A; and

(aaa) to the first regulations to be made under section 2AA above;

(ab) to any order containing provision adding any person to the list of persons falling within section 103B(2A) above;

(b) to any order made by the Department under section 132 , 132A 132B, or 133 above.

(3) Subsection (1) above does not apply to regulations which, in so far as they are made under the powers conferred by subsection (2)(a) above, only replace provisions of previous regulations with new provisions to the same effect.

(4) Subject to subsection (8) below, all regulations and orders made under this Act by the Department, other than regulations or orders to which subsection (1) above applies, shall be subject to negative resolution.

(5) Subject to subsection (10) and (10A) below, all regulations or ordersmade under this Act by ... the Treasury or the Inland Revenue shall be subject to annulment in pursuance of a resolution of either House of Parliament....

(5A) All regulations made under this Act by the Department of Justice shall be subject to negative resolution.

(6) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (laying statutory instruments or statutory documents before the Assembly) shall apply in relation to any instrument or document which by virtue of any provision of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.

(7) This subsection applies to any regulations or order made under this Act which—

(a) but for subsection (8) below, would be subject to negative resolution, and

(b) are or is contained in a statutory rule which includes any regulations or order subject to the confirmatory procedure.

(8) Any regulations or order to which subsection (7) above applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.

(9) This subsection applies to any regulations or order made under this Act which—

(a) but for subsection (10) below, would be subject to annulment in pursuance of a resolution of either House of Parliament, and

(b) are, or is, contained in an instrument which is subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament.

(10) Any regulations or order to which subsection (9) above applies shall not be subject as mentioned in paragraph (a) of that subsection, but shall be subject to the procedure described in paragraph (b) of that subsection.

(10A) A statutory instrument containing provision under section 129 , 132, 133, 134 or 142(7) shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) In this section—

“the confirmatory procedure” means the procedure described in subsection (1) above;

“subject to negative resolution” has the meaning assigned by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (but as if the regulations or orders in question were statutory instruments within the meaning of that Act).

Supplementary

Interpretation.

167

(1) In this Act, unless the context otherwise requires—

“the Assembly” means the Northern Ireland Assembly;

“the 1975 Act” means the Social Security (Northern Ireland) Act 1975;

“benefit” means benefit under the Contributions and Benefits Act and includes universal credit, state pension under Part 1 of the Pensions Act (Northern Ireland) 2015, a jobseeker’s allowance state pension credit, an employment and support allowance and personal independence payment and bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 ;

“Christmas bonus” means a payment under Part X of the Contributions and Benefits Act;

“claimant” (in relation to contributions under Part I and to benefit under Parts II to IV of the Contributions and Benefits Act) means—a person whose right to be excepted from liability to pay, or to have his liability deferred for, or to be credited with, a contribution, is in question;a person who has claimed benefit;and includes, in relation to an award or decision, a beneficiary under the award or affected by the decision;

“claim” is to be construed in accordance with “claimant”;

“claimant” (in relation to industrial injuries benefit) means a person who has claimed such a benefit and includes—an applicant for a declaration under Article 29 of the Social Security (Northern Ireland) Order 1998 that an accident was or was not an industrial accident; andin relation to an award or decision, a beneficiary under the award or affected by the decision;

“Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner and includes a tribunal of 2 or more Commissioners constituted under Article 16(7) of the Social Security (Northern Ireland) Order 1998;

. . .

. . .

“the Consequential Provisions Act” means the Social Security (Consequential Provisions) (Northern Ireland) Act 1992;

“Consolidated Fund” means the Consolidated Fund of Northern Ireland;

“contribution” means a contribution under Part I of the Contributions and Benefits Act;

“contribution-based jobseeker’s allowance” has the same meaning as in the Jobseekers (Northern Ireland) Order 1995;

“contribution card” has the meaning assigned to it by section 108(6) above;

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);

“the Department” means the Department for Social Development but—in sections 109A, 116 and 116B to 116D also includes the Department of Finance and Personnel; andin sections 2E, 2F, 2G (except in the second reference in subsection (11)(c)) 115D, 115E, 116, 116ZA, 116C and 116D also includes the Department for Employment and Learning;

“the Department of the Environment” means the Department of the Environment for Northern Ireland;

“the Department of Finance and Personnel” means the Department of Finance and Personnel in Northern Ireland; but in sections 116 and 116B also includes the Department of the Environment;

“disablement benefit” is to be construed in accordance with section 94(2)(a) of the Contributions and Benefits Act;

“the disablement questions” is to be construed in accordance with section 43 above;

“dwelling” means any residential accommodation, whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;

“the Great Britain Administration Act” means the Social Security Administration Act 1992;

“the Great Britain Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;

“the Housing Executive” means the Northern Ireland Housing Executive;

“income-based jobseeker’s allowance” has the same meaning as in the Jobseekers (Northern Ireland) Order 1995;

“income-related benefit” means—

(a) income support;

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

(d) housing benefit;

"income-related employment and support allowance" means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);

“industrial injuries benefit” means benefit under Part V of the Contributions and Benefits Act...;

“Inland Revenue” means the Commissioners of Inland Revenue;

. . .

. . .

“medical examination” includes bacteriological and radiographical tests and similar investigations, and “medically examined” has a corresponding meaning;

“medical practitioner” means—

(a) a registered medical practitioner; or

(b) a person outside the United Kingdom who is not a registered medical practitioner, but has qualifications corresponding (in the Department’s opinion) to those of a registered medical practitioner;

“medical treatment” means medical, surgical or rehabilitative treatment (including any course of diet or other regimen), and references to a person receiving or submitting himself to medical treatment are to be construed accordingly;

“money purchase contracted-out scheme” is to be construed in accordance with section 3B of the Pensions Act;

“National Insurance Fund” means the Northern Ireland National Insurance Fund;

“occupational pension scheme” has the same meaning as in section 1 of the Pensions Act;

“the Old Cases Act” means the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975;

“the 1986 Order” means the Social Security (Northern Ireland) Order 1986;

“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995;

“the Pensions Act” means the Pension Schemes (Northern Ireland) Act 1993;

“the Pensions Order” means the Social Security Pensions (Northern Ireland) Order 1975;

“personal pension scheme” has the meaning assigned to it by section 1 of the Pensions Actand “appropriate”, in relation to such a scheme, shall be construed in accordance with section 3B(6) of that Act;

“prescribe” means prescribe by regulations and “prescribed” must be construed accordingly ;

“President” means the President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals;

“regulations” means regulations made by the Department or the Lord Chancellor under this Act;

“state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002;

“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954 ;

“tax year” means the 12 months beginning with 6th April in any year;

“widow’s benefit” has the meaning assigned to it by section 20(1)(e) of the Contributions and Benefits Act.

(2) For the purposes of Part III of the Northern Ireland Constitution Act 1973 (validity of Measures of the Northern Ireland Assembly, including Orders in Council under the Northern Ireland Act 1974), provisions of this Act which re-enact provisions of a Measure of the Assembly or such an Order are to be treated as provisions of such a Measure or Order.

Short title, commencement and extent.

168

(1) This Act may be cited as the Social Security Administration (Northern Ireland) Act 1992.

(2) This Act is to be read, where appropriate, with the Contributions and Benefits Act and the Consequential Provisions Act.

(3) The enactments consolidated by this Act are repealed, in consequence of the consolidation, by the Consequential Provisions Act.

(4) Except as provided in Schedule 4 to the Consequential Provisions Act, this Act shall come into force on 1st July 1992.

(5) Subject to subsection (6) below, this Act extends to Northern Ireland only.

(6) Section 22 above and this section also extend to Great Britain.

SCHEDULE 1 — CLAIMS FOR BENEFIT MADE OR TREATED BEFORE 1ST OCTOBER 1990

Claims made or treated as made on or after 2nd September 1985 and before 19th November 1986

1

Section 1 above shall have effect in relation to a claim made or treated as made on or after 2nd September 1985 and before 19th November 1986 as if the following subsections were substituted for subsections (1) to (3)—

(1) Except in such cases as may be prescribed, 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— (i) in the prescribed manner; and (ii) subject to subsection (2) below, within the prescribed time; or (b) by virtue of a provision of Chapter VI of Part II of the 1975 Act or of regulations made under such a provision, he would have been treated as making a claim for it. (2) Regulations shall provide for extending, subject to any prescribed conditions, the time within which a claim may be made in cases where it is not made within the prescribed time but good cause is shown for the delay. (3) Notwithstanding any regulations made under this section, no person shall be entitled to any benefit (except disablement benefit or industrial death benefit) in respect of any period more than 12 months before the date on which the claim is made.

Claims made or treated as made on or after 19th November 1986 and before 6th April 1987

2

Section 1 above shall have effect in relation to a claim made or treated as made on or after 19th November 1986 and before 6th April 1987 as if the subsections set out in paragraph 1 above were substituted for subsections (1) to (3) but with the insertion in subsection (3) of the words “ , reduced earnings allowance ” after the words “disablement benefit”.

Claims made or treated as made on or after 6th April 1987 and before 23rd August 1989

3

Section 1 above shall have effect in relation to a claim made or treated as made on or after 6th April 1987 and before 23rd August 1989, as if—

(a) the following subsection were substituted for subsection (1)—

(1) Except in such cases as may be prescribed, 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 prescribed manner and within the prescribed time; or (b) by virtue of regulations made under Article 52 of the 1986 Order he would have been treated as making a claim for it.

; and

(b) there were omitted—

(i) from subsection (2), the words “except as provided by section 3 below”; and

(ii) subsection (3).

Claims made or treated as made on or after 23rd August 1989 and before 14th August 1990

4

Section 1 above shall have effect in relation to a claim made or treated as made on or after 23rd August 1989 and before 14th August 1990 as if there were omitted—

(a) from subsection (1), the words “and subject to the following provisions of this section and to section 3 below”;

(b) from subsection (2), the words “except as provided by section 3 below”; and

Claims made or treated as made on or after 14th August 1990 and before 1st October 1990

5

Section 1 above shall have effect in relation to a claim made or treated as made on or after 14th August 1990 and before 1st October 1990 as if there were omitted—

(a) from subsection (1), the words “the following provisions of this section and to”; and

(b) subsection (3).

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Social Security Administration (Northern Ireland) Act 1992

Effect of alteration of rates of personal independence payment

139E

Implementation of increases in income support due to attainment of particular ages.

140

Implementation of increases in income-based jobseeker’s allowance due to attainment of particular ages.

140A

Implementation of increases in employment and support allowance due to attainment of particular ages

140B

Part XI — Finance

National Insurance Fund.

141

Destination of contributions.

142

General financial arrangements.

143

Destination of repayments, etc.

144

Adjustments between National Insurance Fund and Consolidated Fund.

145

The social fund.

146

Allocations from social fund.

147

Adjustments between social fund and other sources of finance.

148

Part XII — Advisory Bodies and the Duty to Consult

Consultation with the Social Security Advisory Committee

Functions of Social Security Advisory Committee in relation to legislation and regulations.

149

Cases in which consultation with Committee is not required.

150

Committee’s report on regulations and Department’s duties.

151

The Disability Living Allowance Advisory Board

The Disability Living Allowance Advisory Board.

152

Part XIII — Social Security Systems Outside Northern Ireland

Co-ordination

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

153

Reciprocity

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

154

Reciprocal agreements with countries outside the United Kingdom.

155

Exchange of information with overseas authorities

155A

Part XIV — Miscellaneous

Travelling expenses

Payment of travelling expenses by Department.

156

Payment of travelling expenses by the Commissioners of Inland Revenue

156A

Offences

Impersonation of officers.

157

Illegal possession of documents.

158

Redirection of post

Return of social security post.

158A

Requirement to supply information about redirection of post.

158B

National insurance numbers

Requirement to apply for national insurance number.

158C

Industrial injuries and diseases

Research on industrial injuries, etc.

159

Control of pneumoconiosis.

160

Workmen’s compensation, etc.

Administration of workmen’s compensation etc.

161

Supplementary benefit etc.

Application of provisions of Act to supplementary benefit, etc.

162

Miscellaneous

Certain benefit to be inalienable.