The Social Security (Northern Ireland) Order 1998
1998/1506 · Made 24 June 1998 · Extends to Northern Ireland
Annotations to the whole text
Textual amendments
- F1
functions transf. by SR 1999/481
Modifications
- C1
Order: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 4 Pt. 1 (with art. 9(2))
- C2
Order modified (coming into force in accordance with art. 1 of the amending Rule) by The Social Security (Switzerland) (Citizens' Rights Agreement) Order (Northern Ireland) 2019 (revoked) 2019 (S.R. 2019/212), art. 2(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
- C3
Order: power to apply (with modifications) conferred by 2004 c. 6, s. 23(6) (as substituted (1.4.2009) by Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3(1), Sch. 1 para. 416(4))
- C4
Order: power to apply (with modifications) conferred (1.1.2010 for certain purposes otherwise prosp.) by Saving Gateway Accounts Act 2009 (c. 8), ss. 24(4)(5), 31; S.I. 2009/3332, art. 2(e); S.I. 2010/921, art. 2(1) which was revoked by S.I. 2010/1640, art. 2
- C5
Order: certain provisions applied (with modifications) (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 16, Sch. 2
- C6
Order: transfer of functions (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(1), Sch. 17 para. 49 (with arts. 15(6), 28-31); S.I. 2010/977, art. 1(2)
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- 2Interpretation
- Part II: DECISIONS AND APPEALS
- Chapter I: GENERAL
- Decisions
- 3Transfer of functions to the Department
- 4Use of computers
- Appeals
- 5Unified appeal tribunals
- 6President of appeal tribunals
- 7Panel for appointment to appeal tribunals
- 8Constitution of appeal tribunals
- Chapter II: SOCIAL SECURITY DECISIONS AND APPEALS
- Decisions
- 9Decisions by the Department
- 10Revision of decisions
- 11Decisions superseding earlier decisions
- References of issues by the Department to Inland Revenue
- 11AReference of issues by the Department to Inland Revenue
- 12Regulations with respect to decisions
- Appeals
- 13Appeal to appeal tribunal
- 14Redetermination, etc. of appeals by tribunal
- 15Appeal from tribunal to Commissioner
- Procedure, etc.
- 16Procedure
- 17Finality of decisions
- 18Matters arising as respects decisions
- Medical examinations
- 19Medical examination required by the Department
- 20Medical examination required by appeal tribunal
- Suspension and termination of benefit
- 21Suspension in prescribed circumstances
- 22Suspension and termination for failure to furnish information, etc.
- 23Termination in cases of failure to furnish information
- 24Suspension and termination for failure to submit to medical examination
- Appeals dependent on issues falling to be decided by Inland Revenue
- 24AAppeals dependent on issues falling to be decided by Inland Revenue
- Decisions and appeals dependent on other cases
- 25Decisions involving issues that arise on appeal in other cases
- 26Appeals involving issues that arise on appeal in other cases
- Cases of error
- 27Restrictions on entitlement to benefit in certain cases of error
- 28Correction of errors and setting aside of decisions
- Industrial accidents
- 29Decision that accident is an industrial accident
- 30Effect of decision
- Other special cases
- 31Incapacity for work
- 32Industrial diseases
- 33Christmas bonus
- Housing benefit
- 34Determination of claims and reviews
- Social fund payments
- 36Appropriate officers
- 37The social fund Commissioner and inspectors Repealed
- 38Reviews of determinations
- Supplemental
- 39Interpretation, etc. of Chapter II
- Chapter III: CHILD SUPPORT DECISIONS AND APPEALS
- 40Child support: revision of decisions
- 41Child support: decisions superseding earlier decisions
- 42Child support: appeals to appeal tribunals
- 43Child support: decisions and appeals dependent on other cases
- 44Child support: cases of error
- Part III: CONTRIBUTIONS
- Amendments of the Contributions and Benefits Act
- 45Apportionment of payments, etc. made for more than one earner
- 46Payments on account of directors' contributions
- 47Payments treated as remuneration and earnings
- 50Class 1B contributions
- 51Contributions paid in error
- 52Recovery of primary Class 1 contributions by secondary contributors
- 53Contributions returns
- 54Collection of contributions by the Department
- Amendments of the Administration Act
- 56Breach of regulations
- 57Offences and penalties relating to contributions
- 58Evidence of non-payment
- 60Liability of directors, etc. for company's contributions
- 61Class 1B contributions: supplemental
- 62Payments of certain contributions out of the Consolidated Fund
- Part IV: BENEFITS
- Amendments, etc. of the Contributions and Benefits Act
- 63Daily rate of maternity allowance
- 64Rates of short-term incapacity benefit
- 65Validation of certain housing benefit determinations
- 66Discretionary payments out of the social fund
- 67Budgeting loans: criteria for making awards
- 68Power to reduce child benefit for lone parents
- 69Statutory sick pay not precluded by maternity allowance
- Amendments of the Administration Act
- 70Provision of information
- 71Overpayments out of the social fund
- 72Power to anticipate pensions up-rating order
- VMISCELLANEOUS AND SUPPLEMENTAL
- 73Pilot schemes
- 74Regulations and orders
- 75Assembly, etc. control of regulations
- 76Reports by the Department
- 77Transitory provisions
- Schedule 1: APPEAL TRIBUNALS: SUPPLEMENTARY PROVISIONS
- Part
- Tenure of office
- 1Paragraph 1
- Remuneration, etc.
- 2Paragraph 2
- 3Paragraph 3
- 3AParagraph 3A
- 4Paragraph 4
- 5Paragraph 5
- Officers and staff
- 6Paragraph 6
- Functions of President
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Clerks to appeal tribunals
- 11Paragraph 11
- Delegation of certain functions of appeal tribunals
- 12Paragraph 12
- Certificates
- 13Paragraph 13
- Schedule 2: DECISIONS AGAINST WHICH NO APPEAL LIES
- Part
- Jobseeker's allowance for persons under 18
- 1Paragraph 1
- Christmas bonus
- 2Paragraph 2
- Priority between persons entitled to invalid care allowance , carer support payment and the carer element of universal credit
- 3Paragraph 3
- Priority between persons entitled to child benefit
- 4Paragraph 4
- Persons treated as if present in Northern Ireland
- 5Paragraph 5
- Work-focused interviews
- 5AParagraph 5A
- Alteration of rates of benefit
- 6Paragraph 6
- Increases in income support or income-based jobseeker's allowance due to attainment of particular ages
- 7Paragraph 7
- Reduction in accordance with reduced benefit [direction] decision
- 8Paragraph 8
- Reduction on application of benefit cap
- 8AParagraph 8A
- Power to prescribe other decisions
- 9Paragraph 9
- Schedule 3: DECISIONS AGAINST WHICH AN APPEAL LIES
- Part I: BENEFIT DECISIONS
- Entitlement to benefit without a claim
- 1Paragraph 1
- 2Paragraph 2
- Payability of benefit
- 3Paragraph 3
- Payments to third parties
- 4Paragraph 4
- Recovery of benefits
- 5Paragraph 5
- 6Paragraph 6
- 6AParagraph 6A
- 6BParagraph 6B
- State pension: prisoners and overseas residents
- 6CParagraph 6C
- 6DParagraph 6D
- Industrial injuries benefit
- 7Paragraph 7
- ...
- 8Paragraph 8 Repealed
- State pension credit
- 8AParagraph 8A
- 8BParagraph 8B
- 8CParagraph 8C
- 8DParagraph 8D
- Power to prescribe other decisions
- 9Paragraph 9
- Part II: CONTRIBUTIONS DECISIONS
- Categorisation of earners
- Paragraph
- Paragraph
- Compulsory contributions
- Paragraph
- Paragraph
- Voluntary contributions
- Paragraph
- Paragraph
- Part
- Responsibilities at home
- 16Paragraph 16
- Earnings and contributions credits
- 17Paragraph 17
- Statutory sick pay
- Paragraph
- Paragraph
- Statutory maternity pay
- Paragraph
- Liability of directors, etc. for company's contributions
- Paragraph
- Preserved rights to benefit, etc.
- Paragraph
- Employment of long-term unemployed
- Paragraph
- Interest and penalties
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Power to prescribe other decisions
- Paragraph
- Schedule 4: REGULATIONS AS TO PROCEDURE: PROVISION WHICH MAY BE MADE
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 5: TRANSITORY PROVISIONS
- Part
- Constitution of appeal tribunals
- 1Paragraph 1
- Claims no longer subsisting after decisions made
- 2Paragraph 2
- Appeals to tribunals
- 3Paragraph 3
- Appeals to Commissioners
- 4Paragraph 4
- Suspension of benefit in prescribed circumstances
- 5Paragraph 5
- Restrictions on entitlement in certain cases of error
- 6Paragraph 6
- Reviews of social fund determinations
- 7Paragraph 7
- Overpayments out of the social fund
- 8Paragraph 8
- Child support: appeals to tribunals
- 9Paragraph 9
- Schedule Schedule
- Schedule Schedule