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The Social Security (1998 Order) (Commencement Nos. 8 and 10) (Amendment) Order (Northern Ireland) 2006

S.R. 2006/402 · Made 9 October 2006 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 16 October 2006.

social security

Made 9th October 2006

The Department for Social Development makes the following Order in exercise of the powers conferred by Article 1(2) and (4) of the Social Security (Northern Ireland) Order 1998f1 and now vested in itf2.

Annotations to the whole text

Footnotes

f1

S.I. 1998/1506 (N.I. 10)

f2

See Article 8(b) of S.R. 1999 No. 481

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Social Security (1998 Order) (Commencement No. 8 and Savings, Consequential and Transitional Provisions) Order
  3. 3Amendment of the Social Security (1998 Order) (Commencement No. 10 and Savings, Consequential and Transitional Provisions) Order
  4. 4Consequential amendments
  5. Signature
  6. Explanatory note

1Citation and commencementI1

(1)

This Order may be cited as the Social Security (1998 Order) (Commencement Nos. 8 and 10) (Amendment) Order (Northern Ireland) 2006.

(2)

Articles 2 to 4 shall come into operation on 16th October 2006.

2Amendment of the Social Security (1998 Order) (Commencement No. 8 and Savings, Consequential and Transitional Provisions) OrderI1

In Article 18 of the Social Security (1998 Order) (Commencement No. 8 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999f1 (transitional provisions)—

(a)

in paragraph (10)—

(i)

omit the word “or” after sub-paragraph (a), and

(ii)

after sub-paragraph (a) insert—

“(aa)

under or by virtue of Part III of the Social Security (Northern Ireland) Act 1975f2 in relation to; or”; and

(b)

in paragraph (39) for the definition of “relevant benefit” substitute—

  • ““relevant benefit” means—

    1. (a)

      any benefit mentioned in Article 2(b); and

    2. (b)

      the following benefits under the Social Security (Northern Ireland) Act 1975—

      1. (i)

        sickness benefit under section 14f3,

      2. (ii)

        unemployment benefit under section 14,

      3. (iii)

        invalidity pension under section 15f4, and

      4. (iv)

        invalidity allowance under section 16f5;”.

3Amendment of the Social Security (1998 Order) (Commencement No. 10 and Savings, Consequential and Transitional Provisions) OrderI1

In Article 16 of the Social Security (1998 Order) (Commencement No. 10 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999f1 (transitional provisions)—

(a)

in paragraph (9)—

(i)

omit the word “or” after sub-paragraph (a), and

(ii)

after sub-paragraph (a) insert—

“(aa)

under or by virtue of Part III of the Social Security (Northern Ireland) Act 1975 in relation to; or”; and

(b)

in paragraph (33) for the definition of “relevant benefit” substitute—

  • ““relevant benefit” means—

    1. (a)

      any benefit mentioned in Article 2(b)(i) and (ii);

    2. (b)

      an attendance allowance under section 35 of the Social Security (Northern Ireland) Act 1975f2;

    3. (c)

      a mobility allowance under section 37A of that Actf3; and

    4. (d)

      supplementary benefit under Article 3 of the Supplementary Benefits (Northern Ireland) Order 1977f4;”.

4Consequential amendmentsI1

(1)

In regulation 14(1) of the Social Security (Introduction of Disability Living Allowance) Regulations (Northern Ireland) 1992f1 (reviews) after “appeal)” insert “and Articles 10 and 11 of the Social Security (Northern Ireland) Order 1998 (revision and supersession of decisions)”.

(2)

In the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995f2—

(a)

in regulation 11 (transitional awards of short-term incapacity benefit) after paragraph (5)f3 add—

“(6)

The transitional award under paragraph (1) is treated as a decision of the Department under Article 9(1) of the Social Security (Northern Ireland) Order 1998f4 and as an incapacity benefit decision for the purposes of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999f5.”; and

(b)

in regulation 17 (transitional awards of long-term incapacity benefit) after paragraph (4) add—

“(5)

The transitional award under paragraph (1) is treated as a decision of the Department under Article 9(1) of the Social Security (Northern Ireland) Order 1998 and as an incapacity benefit decision for the purposes of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999.”.

Signature

Sealed with the Official Seal of the Department for Social Development on 9th October 2006

L.S.

John O’Neill

A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Order)

This Order amends the Social Security (1998 Order) (Commencement No. 8 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999 and the Social Security (1998 Order) (Commencement No. 10 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999 to—

  • bring sickness benefit, unemployment benefit, invalidity pension, invalidity allowance, attendance allowance and mobility allowance under the Social Security (Northern Ireland) Act 1975 and supplementary benefit under the Supplementary Benefits (Northern Ireland) Order 1977 within the definitions of “relevant benefit” for the purposes of those Orders; and

  • to provide that decisions made by adjudication officers in respect of those benefits are treated as decisions of the Department for Social Development (Articles 2 and 3),

and makes consequential amendments to the Social Security (Introduction of Disability Living Allowance) Regulations (Northern Ireland) 1992 and the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995 (Article 4).