Social Security Administration (Northern Ireland) Act 1992

1992 c. 8 · Enacted 13 February 1992 · Extends to United Kingdom

Contents

1. Part I: Claims for and Payments and General Administration of Benefit
2. Necessity of claim
3. 1Entitlement to benefit dependent on claim.
4. 2Retrospective effect of provisions making entitlement to benefit dependent on claim.
5. Work-focused interviews and work-related activity
6. 2AClaim or full entitlement to certain benefits conditional on work-focused interview.
7. 2AAFull entitlement to certain benefits conditional on work-focused interview for partner
8. 2BSupplementary provisions relating to work-focused interviews.
9. 2COptional work-focused interviews.
10. 2DWork-related activity
11. 2EAction plans in connection with work-focused interviews
12. 2FDirections about work-related activity
13. 2GContracting-out
14. 2HGood cause for failure to comply with regulations
15. Bereavement benefits
16. 3Late claims for bereavement benefit where death is difficult to establish.
17. 4Treatment of payments of benefit to certain widows.
18. Claims and payments regulations
19. 5Regulations about claims for and payments of benefit.
20. Sharing of functions as regards certain claims and information
21. 5ASharing of functions as regards certain claims and information.
22. 5BUse of social security information
23. Industrial injuries benefit
24. 6Notification of accidents, etc.
25. 7Medical examination and treatment of claimants.
26. 8Obligations of claimants.
27. Disability working allowance
28. 9Initial claims and repeat claims. Repealed
29. The social fund
30. 10Necessity of application for certain payments.
31. Health in pregnancy grant
32. 10ANecessity of application for health in pregnancy grant
33. Child benefit
34. 11Necessity of application for child benefit.
35. 11AElection not to receive child benefit
36. Statutory sick pay
37. 12Duties of employees etc. in relation to statutory sick pay.
38. Statutory maternity pay
39. 13Duties of women etc. in relation to statutory maternity pay.
40. Payments in respect of mortgage interest, etc.
41. 13APayment out of benefit of sums in respect of mortgage interest, etc. Repealed
42. 13BExpenses in respect of vehicle hire, etc.
43. Emergency payments
44. 14Emergency payments by Health and Social Care trusts and other bodies.
45. Part II: Adjudication
46. Adjudication by the Department
47. 15Questions for the Department.
48. 16Appeal on question of law.
49. 17Review of decisions.
50. Adjudication by adjudication officers
51. 18Claims and questions to be submitted to adjudication officer.
52. 19Decision of adjudication officer.
53. Appeals from adjudication officers - general
54. 20Appeal to social security appeal tribunal.
55. 21Appeal from social security appeal tribunal to Commissioner.
56. 22Appeal from Commissioners on point of law.
57. Reviews - general
58. 23Review of decisions.
59. 24Procedure for reviews.
60. 25Reviews under s. 23 - supplementary.
61. 26Appeals following reviews or refusals to review.
62. 27Review after claimant appeals.
63. Attendance allowance, disability living allowance and disability working allowance
64. 28Reviews of decisions of adjudication officers.
65. 29Further reviews.
66. 30Reviews of decisions as to attendance allowance, disability living allowance or disability working allowance - supplementary.
67. 31Appeals following reviews.
68. 32Appeal from social security appeal tribunals or disability appeal tribunals to Commissioners and appeals from Commissioners.
69. 33Reviews of decisions on appeal.
70. Questions first arising on appeal
71. 34Questions first arising on appeal.
72. Reference of special questions
73. 35Reference of special questions.
74. Adjudication officers and the Chief Adjudication Officer
75. 36Adjudication officers.
76. 37The Chief Adjudication Officer.
77. Social security appeal tribunals
78. 38Panels for appointment to social security appeal tribunals.
79. 39Constitution of social security appeal tribunals.
80. Disability appeal tribunals
81. 40Panels for appointment to disability appeal tribunals.
82. 41Constitution of disability appeal tribunals.
83. Adjudication in relation to industrial injuries and disablement benefit
84. 42Declaration that accident is an industrial accident.
85. 43Disablement questions.
86. 44Medical appeals and references.
87. 45Review of medical decisions.
88. 46Appeal etc. on question of law to Commissioner.
89. Adjudicating medical practitioners and medical appeal tribunals
90. 47Adjudicating medical practitioners.
91. 48Constitution of medical appeal tribunals.
92. The President and chairmen of tribunals
93. 49The President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals and chairmen.
94. Social Security Commissioners
95. 50Appointment of Commissioners.
96. References to medical practitioners, the Disability Living Allowance Advisory Board etc.
97. 51Power of adjudicating authorities to refer matters to experts.
98. 52Claims relating to attendance allowance, disability living allowance and disability working allowance.
99. 53Medical examination etc. in relation to appeals to disability appeal tribunals.
100. Determination of questions of special difficulty
101. 54Assessors.
102. 55Tribunal of 2 or 3 Commissioners.
103. Medical examinations
104. 55AMedical examinations of persons awarded attendance allowance or disability living allowance.
105. Regulations
106. 56Regulations as to determination of questions and matters arising out of, or pending, reviews and appeals.
107. 57Procedure.
108. 58Finality of decisions.
109. 59Regulations about supplementary matters relating to determinations.
110. Incapacity for work
111. 59AAdjudication: incapacity for work.
112. Industrial diseases
113. 60Adjudication as to industrial diseases.
114. Housing benefit
115. 61Adjudication.
116. Social fund officers and inspectors and the social fund Commissioner
117. 62Social fund officers.
118. 63The social fund Commissioner and inspectors.
119. 64Reviews.
120. Christmas bonus
121. 65Determination of questions.
122. Restrictions on entitlement to benefit following erroneous decision
123. 66Restrictions on entitlement to benefit in certain cases of error.
124. 67Determination of questions on review following erroneous decisions.
125. Correction of errors
126. 68Regulations as to correction of errors.
127. Part III: Overpayments and Adjustments of Benefit
128. Misrepresentation etc.
129. 69Overpayments - general.
130. 69ZAOverpayments out of the social fund.
131. Recovery of benefit payments
132. 69ZBRecovery of overpayments of certain benefits
133. 69ZCDeduction from benefit
134. 69ZDDeduction from earnings
135. 69ZECourt action etc.
136. 69ZFAdjustment of benefit
137. 69ZGRecovery of payments on account
138. 69ZHRecovery of hardship payments etc.
139. Jobseeker’s Allowance
140. 69ARecovery of jobseeker’s allowance: severe hardship cases.
141. 70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
142. Adjustments of benefits
143. 71Overlapping benefits - general.
144. 72Income support and other payments.
145. 72APayment of benefit where maintenance payments collected by Department.
146. Housing benefit
147. 73Overpayments of housing benefit.
148. Social fund awards
149. 74Recovery of social fund awards.
150. Great Britain payments
151. 75Recovery of Great Britain payments.
152. Adjustment of child benefit
153. 76Child benefit - overlap with benefits under legislation of ... member States.
154. Part IV
155. 77Interpretation of Part IV.
156. Recovery from damages, etc. of sums equivalent to benefit
157. 78Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases.
158. Payments, deductions and certificates
159. 79Time for making payment to Department.
160. 80The certificate of total benefit.
161. 81Exemption from deduction in cases involving small payments.
162. 82Multiple compensation payments.
163. 83Collaboration between compensators.
164. 84Structured settlements.
165. 85Insolvency.
166. 86Protection of legal aid charges.
167. 87Overpaid benefits.
168. 88Death.
169. 89Payments into court.
170. Administration and adjudication
171. 90Provision of information.
172. 91Applications for certificates of total benefit.
173. 92Liability of compensator unenforceable if certificate not issued within time limit.
174. 93Review of certificates of total benefit.
175. 94Appeals.
176. 95Recovery in consequence of an appeal.
177. 96Recovery of relevant payment in cases of default.
178. Miscellaneous
179. 97Foreign compensators: duties of intended recipient.
180. 98Interest on damages: reductions in respect of relevant payments.
181. 99The Crown.
182. Part V: Income Support And The Duty To Maintain
183. 100Failure to maintain - general.
184. 101Recovery of expenditure on benefit from person liable for maintenance.
185. 102Recovery of expenditure on income support: additional amounts and transfer of orders. Repealed
186. 103Reduction of expenditure on income support: certain maintenance orders to be enforceable by the Department.
187. Part VI: Enforcement
188. Inspection
189. 103AAuthorisations for investigators
190. 103BPower to require information
191. 103BAPower of Department to require electronic access to information
192. 103CPowers of entry
193. 104Appointment and powers of inspectors.
194. 104ZAClass 1, 1A, 1B or 2 contributions: powers to call for documents etc
195. 104AAuthorisations by the Housing Executive
196. 104AAPower of Housing Executive to require electronic access to information
197. 104BPowers of inspectors appointed under section 104A.
198. 105Delay, obstruction etc. of inspector.
199. 105ADishonest representations for obtaining benefit etc.
200. 106False representations for obtaining benefit etc.
201. 107Breach of regulations.
202. 107AStatutory sick pay and statutory maternity pay: breach of regulations
203. 107BStatutory sick pay and statutory maternity pay: fraud and negligence
204. 107CHealth in pregnancy grant: civil penalty for fraud, etc.
205. 108Offences relating to contributions.
206. 108APenalties relating to contributions.
207. 109Offences by bodies corporate.
208. 109APenalty as alternative to prosecution.
209. 109BPenalty as alternative to prosecution: colluding employers, etc.
210. Legal proceedings
211. 110Legal proceedings.
212. 111Issues arising in proceedings.
213. 111AIssues arising in proceedings: contributions, etc.
214. Unpaid contributions etc.
215. 112Evidence of non-payment.
216. 113Recovery of unpaid contributions on prosecution.
217. 114Proof of previous offences.
218. 115Unpaid contributions - supplementary.
219. 115ARecovery of contributions, etc.
220. 115BLiability of directors, etc. for company’s contributions.
221. 115CAppeals in relation to personal liability notices.
222. 115CAInterpretation of Part VI
223. Part VII: Information
224. Information relating to, or required for purposes of, contributions, statutory sick pay or statutory maternity pay
225. 115DSupply of contributions, etc. information held by Inland Revenue.
226. 115ESupply to Inland Revenue for purposes of contributions, etc. of information held by Department or Secretary of State.
227. Information held by tax authorities
228. 116Supply of information held by tax authorities for fraud prevention and verification. Repealed
229. 116ZASupply of tax information to assess certain employment or training schemes Repealed
230. 116AADisclosure of contributions, etc. information by Her Majesty’s Revenue and Customs .
231. 116A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
232. Other government information
233. 116BSupply of other government information for fraud prevention and verification.
234. The Housing Executive
235. 116CSupply of information to the Housing Executive.
236. 116DSupply of information by the Housing Executive.
237. Persons employed or formerly employed in social security administration or adjudication
238. 117Unauthorised disclosure of information relating to particular persons.
239. Notification of deaths
240. 118Regulations as to notification of deaths.
241. Personal representatives - income support and supplementary benefit
242. 119Personal representatives to give information about the estate of a deceased person who was in receipt of income support or supplementary benefit.
243. Landlords and agents
244. 119APower to require information from landlords and agents.
245. Housing benefit
246. 120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
247. Statutory sick pay and other benefits
248. 121Disclosure by the Department for purpose of determination of period of entitlement to statutory sick pay.
249. 122Duties of employers - statutory sick pay and claims for other benefits.
250. Statutory maternity pay and other benefits
251. 123Disclosure by the Department for purpose of determination of period of entitlement to statutory maternity pay.
252. 124Duties of employers - statutory maternity pay and claims for other benefits.
253. Maintenance proceedings
254. 125Furnishing of addresses for maintenance proceedings, etc.
255. Part VIII: Arrangements for Housing Benefit
256. Housing benefit
257. 126Arrangements for housing benefit.
258. 127Housing benefit finance.
259. 128Claims etc.
260. Reports
261. 128APersons to report on administration.
262. 128BPowers of investigation.
263. 128CReports.
264. Directions by Department
265. 128DDirections.
266. 128DADirections: variations and revocation
267. 128EInformation about attainment of standards.
268. 128EEFinancing of other expenditure.
269. 128FEnforcement notices.
270. 128GEnforcement determinations.
271. 128HEnforcement determinations: supplementary.
272. Part IX: Alteration of Contributions and Benefits
273. Alteration of contributions, etc.
274. 129Amendments following alterations in Great Britain.
275. 130Revaluation of earnings factors.
276. 130ARevaluation of low earnings threshold
277. 130AARevaluation of flat rate accrual amount
278. 130ACRevaluation for transitional pensions under Pensions Act (Northern Ireland) 2015
279. 130ADRevaluation of new state scheme pension debits and credits
280. 131Statutory sick pay - power to alter limit for small employers’ relief.
281. Review and alteration of benefits
282. 132Annual up-rating of benefits.
283. 132AAnnual up-rating of basic pension etc. and standard minimum guarantee
284. 132BUp-rating of transitional state pensions under Pensions Act (Northern Ireland) 2015
285. 133Rectification of mistakes in up-rating orders.
286. 134Social security benefits in respect of children.
287. Part X: Computation of Benefits
288. 135Effect of alteration of rates of benefit under Parts II to V of Contributions and Benefits Act.
289. 135APower to anticipate pensions up-rating order.
290. 136Up-rating under section 132 of pensions increased under section 52(3) of Contributions and Benefits Act.
291. 137Effect of alteration of rates of child benefit.
292. 138Treatment of excess benefit as paid on account of child benefit.
293. 139Effect of alteration in the component rates of income support.
294. 139AEffect of alteration of rates of a jobseeker’s allowance.
295. 139BEffect of alterations affecting state pension credit
296. 139CEffect of alteration of rates of an employment and support allowance
297. 139DEffect of alterations affecting universal credit
298. 139EEffect of alteration of rates of personal independence payment
299. 140Implementation of increases in income support due to attainment of particular ages.
300. 140AImplementation of increases in income-based jobseeker’s allowance due to attainment of particular ages.
301. 140BImplementation of increases in employment and support allowance due to attainment of particular ages
302. Part XI: Finance
303. 141National Insurance Fund.
304. 142Destination of contributions.
305. 143General financial arrangements.
306. 144Destination of repayments, etc.
307. 145Adjustments between National Insurance Fund and Consolidated Fund.
308. 146The social fund.
309. 147Allocations from social fund.
310. 148Adjustments between social fund and other sources of finance.
311. Part XII: Advisory Bodies and the Duty to Consult
312. Consultation with the Social Security Advisory Committee
313. 149Functions of Social Security Advisory Committee in relation to legislation and regulations.
314. 150Cases in which consultation with Committee is not required.
315. 151Committee’s report on regulations and Department’s duties.
316. The Disability Living Allowance Advisory Board
317. 152The Disability Living Allowance Advisory Board. Repealed
318. Part XIII: Social Security Systems Outside Northern Ireland
319. Co-ordination
320. 153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
321. Reciprocity
322. 154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
323. 155Reciprocal agreements with countries outside the United Kingdom.
324. 155AExchange of information with overseas authorities
325. Part XIV: Miscellaneous
326. Travelling expenses
327. 156Payment of travelling expenses by Department.
328. 156APayment of travelling expenses by the Commissioners of Inland Revenue
329. Offences
330. 157Impersonation of officers.
331. 158Illegal possession of documents.
332. Redirection of post
333. 158AReturn of social security post.
334. 158BRequirement to supply information about redirection of post.
335. National insurance numbers
336. 158CRequirement to apply for national insurance number.
337. Industrial injuries and diseases
338. 159Research on industrial injuries, etc.
339. 160Control of pneumoconiosis.
340. Workmen’s compensation, etc.
341. 161Administration of workmen’s compensation etc. Repealed
342. Supplementary benefit etc.
343. 162Application of provisions of Act to supplementary benefit, etc.
344. Miscellaneous
345. 163Certain benefit to be inalienable.
346. 164Exemption from stamp duty.
347. Part XV: General
348. Subordinate legislation
349. 165Regulations and orders - general.
350. 166Assembly, etc. control of orders and regulations.
351. Supplementary
352. 167Interpretation.
353. 168Short title, commencement and extent.
354. Schedule 1: CLAIMS FOR BENEFIT MADE OR TREATED BEFORE 1ST OCTOBER 1990
355. Claims made or treated as made on or after 2nd September 1985 and before 19th November 1986
356. 1Paragraph 1
357. Claims made or treated as made on or after 19th November 1986 and before 6th April 1987
358. 2Paragraph 2
359. Claims made or treated as made on or after 6th April 1987 and before 23rd August 1989
360. 3Paragraph 3
361. Claims made or treated as made on or after 23rd August 1989 and before 14th August 1990
362. 4Paragraph 4
363. Claims made or treated as made on or after 14th August 1990 and before 1st October 1990
364. 5Paragraph 5
365. Schedule 2: COMMISSIONERS – SUPPLEMENTARY PROVISIONS
366. Tenure of offices
367. 1Paragraph 1
368. 2Paragraph 2
369. Remuneration etc. for President and chairmen
370. 3Paragraph 3
371. Officers and staff
372. 4Paragraph 4
373. Clerks to social security appeal tribunals and disability appeal tribunals
374. 5Paragraph 5
375. Miscellaneous administrative duties of President
376. 6Paragraph 6
377. Remuneration etc.
378. 7Paragraph 7
379. 8Paragraph 8
380. Certificates of decisions
381. 9Paragraph 9
382. Schedule 3: REGULATIONS AS TO PROCEDURE
383. Interpretation
384. 1Paragraph 1
385. Provision which may be made
386. 2Paragraph 2
387. 3Paragraph 3
388. 4Paragraph 4
389. 5Paragraph 5
390. 6Paragraph 6
391. 7Paragraph 7
392. 8Paragraph 8
393. 9Paragraph 9
394. 10Paragraph 10
395. 11Paragraph 11
396. 12Paragraph 12
397. Schedule 3A: Health in pregnancy grant: Civil penalty for fraud, etc.
398. Penalty
399. 1Paragraph 1
400. Appeal
401. 2Paragraph 2
402. Mitigation
403. 3Paragraph 3
404. Time limit
405. 4Paragraph 4
406. Recovery
407. 5Paragraph 5
408. Schedule 4: PERSONS EMPLOYED IN SOCIAL SECURITY ADMINISTRATION OR ADJUDICATION
409. Part I: The Specified Persons
410. Government departments
411. . . .
412. The Housing Executive etc.
413. Adjudication officers
414. Adjudicating bodies
415. The Disability Living Allowance Advisory Board for Northern Ireland
416. . . .
417. ...
418. Discretionary support officers
419. Former statutory bodies
420. Part II: Construction of References to Government Departments Etc.
421. 1Paragraph 1
422. 2Paragraph 2
423. 3Paragraph 3
424. 4Paragraph 4 Repealed
425. Schedule 5: REGULATIONS NOT REQUIRING PRIOR SUBMISSION TO SOCIAL SECURITY ADVISORY COMMITTEE
426. Personal independence payment
427. A1Paragraph A1
428. Disability living allowance
429. 1Paragraph 1
430. Industrial injuries
431. 2Paragraph 2
432. Up-rating, etc.
433. 3Paragraph 3
434. Benefit cap
435. 3AParagraph 3A
436. Earnings limits
437. 4Paragraph 4
438. Married women and widows—reduced rate contributions
439. 5Paragraph 5 Repealed
440. Child benefit
441. 6Paragraph 6
442. 7Paragraph 7
443. Statutory maternity pay and statutory sick pay
444. 8Paragraph 8
445. Consolidation, etc.
446. 9Paragraph 9
447. 10Paragraph 10
448. Schedule 5A: Regulations not requiring prior submission to Industrial Injuries Advisory Council
449. 1Paragraph 1
450. 2Paragraph 2
451. 3Paragraph 3
452. 4Paragraph 4
453. 5Paragraph 5
454. 6Paragraph 6
455. 7Paragraph 7
456. Schedule 6: OLD CASES PAYMENTS ADMINISTRATION Repealed
457. Provisions ancillary to paragraph 2 of Schedule 8 to Contributions and Benefits Act Repealed
458. 1Paragraph 1 Repealed
459. Adjustment of benefit in certain cases Repealed
460. 2Paragraph 2 Repealed
461. Overpayments Repealed
462. 3Paragraph 3 Repealed
463. Schedule 7: SUPPLEMENTARY BENEFITS, ETC.
464. Claims and payments
465. 1Paragraph 1
466. Adjudication
467. 2Paragraph 2
468. Overpayments etc.
469. 3Paragraph 3
470. Inspection
471. 4Paragraph 4
472. Legal proceedings
473. 5Paragraph 5
474. Schedule TABLE OF DERIVATIONS