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

S.R. 2006/402 · made 9 October 2006 · revised to 16 October 2006

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; andto 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),

Made under: The Social Security (Northern Ireland) Order 1998 (Article 1)

PDFs: Printed copy https://openlegislation.uk/social-security-1998-order-commencement-nos-8-and-10-amendment-order-northern-ireland-2006/pdf/nisr_20060402_en.pdf

## Introductory text

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 1998 and now vested in it.

## 1 Citation and commencement

(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.

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

In Article 18 of the Social Security (1998 Order) (Commencement No. 8 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999 (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 1975 in relation to; or”; and
(b) in paragraph (39) for the definition of “relevant benefit” substitute—
““relevant benefit” means—
(a) any benefit mentioned in Article 2(b); and
(b) the following benefits under the Social Security (Northern Ireland) Act 1975—
(i) sickness benefit under section 14,
(ii) unemployment benefit under section 14,
(iii) invalidity pension under section 15, and
(iv) invalidity allowance under section 16;”.

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

In Article 16 of the Social Security (1998 Order) (Commencement No. 10 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999 (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—
(a) any benefit mentioned in Article 2(b)(i) and (ii);
(b) an attendance allowance under section 35 of the Social Security (Northern Ireland) Act 1975;
(c) a mobility allowance under section 37A of that Act; and
(d) supplementary benefit under Article 3 of the Supplementary Benefits (Northern Ireland) Order 1977;”.

## 4 Consequential amendments

(1) In regulation 14(1) of the Social Security (Introduction of Disability Living Allowance) Regulations (Northern Ireland) 1992 (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) 1995—
(a) in regulation 11 (transitional awards of short-term incapacity benefit) after paragraph (5) 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 1998 and as an incapacity benefit decision for the purposes of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999.”; 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).

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Source: https://www.legislation.gov.uk/nisr/2006/402 (the official version)
Page: https://openlegislation.uk/social-security-1998-order-commencement-nos-8-and-10-amendment-order-northern-ireland-2006
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

