Article 7 Decisions by officers of BoardI1
Northern Ireland
Subject to the provisions of this Part, it shall be for an officer of the Board—
to decide whether for the purposes of Parts I to V of the Contributions and Benefits Act a person is or was an earner and, if so, the category of earners in which he is or was to be included,
to decide whether a person is or was employed in employed earner’s employment for the purposes of Part V of the Contributions and Benefits Act (industrial injuries),
to decide whether a person is or was liable to pay contributions of any particular class and, if so, the amount that he is or was liable to pay,
to decide whether a person is or was entitled to pay contributions of any particular class that he is or was not liable to pay and, if so, the amount that he is or was entitled to pay,
to decide whether contributions of a particular class have been paid in respect of any period,
to decide whether a person is or was entitled to make a deduction under section 4 of the National Insurance Contributions Act 2014 (deductions etc of employment allowance) and, if so, the amount the person is or was entitled to deduct,
to decide whether a person is or was entitled to a repayment under that section and, if so, the amount of the repayment,
subject to and in accordance with regulations made for the purposes of this paragraph by the Department with the concurrence of the Board, to decide any issue arising as to, or in connection with, entitlement to statutory sick pay or statutory maternity pay,
subject to and in accordance with regulations made for the purposes of this paragraph by the Department for Employment and Learning with the concurrence of the Board, to decide any issue arising as to, or in connection with, entitlement to F3statutory paternity pay, statutory adoption pay F4, statutory shared parental pay or statutory parental bereavement pay;
to make any decision that falls to be made under regulations under Article 8 of the Employment (Northern Ireland) Order 2002 (funding of employers' liabilities to make payments of F11statutory paternity pay, statutory adoption pay F12, statutory shared parental pay or statutory parental bereavement pay),
to decide any question as to the issue and content of a notice under subsection (2) of section 115Bf1 of the Administration Act (liability of directors etc. for company’s contributions),
to decide any issue arising under Article 29 of the Jobseekers Order (employment of long-term unemployed: deductions by employers), or under any provision of regulations under that Article, as to—
whether a person is or was an employee or employer of another,
whether an employer is or was entitled to make any deduction from his contributions payments in accordance with regulations under Article 29 of that Order,
whether a payment falls to be made to an employer in accordance with those regulations,
the amount that falls to be so deducted or paid, or
whether two or more employers are, by virtue of regulations under Article 29 of that Order, to be treated as one,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to decide the F14... penalty payable under any of the provisions mentioned in sub-paragraphs (j) and (k) of this paragraph, and
to decide such issues relating to contributions, other than the issues specified in sub-paragraphs (a) to (l) of this paragraph or in paragraphs 16 and 17 of Schedule 3 to the 1998 Order, as may be prescribed by regulations made by the Board.
No decision in respect of Class 2 contributions under section 11(2) of the Contributions and Benefits Act may be made under paragraph (1) in relation to an issue specified in sub-paragraph (c) or (e) of that paragraph if the person to whom the decision would relate—
has appealed under Part 5 of the Taxes Management Act 1970 in relation to that issue,
can appeal under that Part in relation to that issue, or
might in the future, without the agreement of Her Majesty's Revenue and Customs or permission of the tribunal, be able to appeal under that Part in relation to that issue.
Paragraph (1)(c) and (e) of this Article does not include any decision relating to Class 4 contributions other than a decision falling to be made—
under subsection (1) of section 17 of the Contributions and Benefits Act as to whether by regulations under that subsection a person is or was excepted from liability for Class 4 contributions, or his liability is or was deferred, or
under regulations made by virtue of subsection (3) or (4) of that section or section 18 of that Act.
Paragraph (1)(g) of this Article does not include—
any decision as to the making of subordinate legislation, or
Annotations
Textual amendments
- F1
Art. 7(1)(ea)(eb) inserted (6.4.2014) by National Insurance Contributions Act 2014 (c. 7), ss. 6(2), 8
- F2
Art. 7(1)(fa) inserted (8.12.2002) by The Employment (Northern Ireland) Order 2002 (S.I. 2002/2836), arts. 1(2), 10(2)(a); S.R. 2002/356, art. 2(2), Sch. 1 Pt. 2
- F3
Words in art. 7(1)(fa) substituted (15.3.2015 for specified purposes) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23, Sch. 1 para. 5(2)(a)(i); S.R. 2015/86, arts. 3(2)(i), 5 (with art. 6)
- F4
Words in art. 7(1)(fa) substituted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), s. 5(5), Sch. para. 26(2)(a); S.R. 2022/136, arts. 2, 3
- F5
Words in art. 7(1)(g) substituted (8.12.2002) by The Employment (Northern Ireland) Order 2002 (S.I. 2002/2836), arts. 1(2), 10(2)(b); S.R. 2002/356, art. 2(2), Sch. 1 Pt. 2
- F6
Words in art. 7(1)(g) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23, Sch. 1 para. 5(2)(a)(ii); S.R. 2015/86, art. 3(2)(e) (with art. 6)
- F7
Word in art. 7(1)(g) substituted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), s. 5(5), Sch. para. 26(2)(b); S.R. 2022/136, arts. 2, 3
- F8
Words in art. 7(1)(g) substituted (15.3.2015 for specified purposes) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23, Sch. 1 para. 5(2)(a)(iii); S.R. 2015/86, arts. 3(2)(i), 5 (with art. 6)
- F9
Words in art. 7(1)(g) substituted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), s. 5(5), Sch. para. 26(2)(c); S.R. 2022/136, arts. 2, 3
- F10
Art. 7(1)(ga) inserted (8.12.2002) by The Employment (Northern Ireland) Order 2002 (S.I. 2002/2836), arts. 1(2), 10(2)(c); S.R. 2002/356, art. 2(2), Sch. 1 Pt. 2
- F11
Words in art. 7(1)(ga) substituted (15.3.2015 for specified purposes) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23, Sch. 1 para. 5(2)(a)(iv); S.R. 2015/86, arts. 3(2)(i), 5 (with art. 6)
- F12
Words in art. 7(1)(ga) substituted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), s. 5(5), Sch. para. 26(2)(d); S.R. 2022/136, arts. 2, 3
- F13
Art. 7(1)(j) revoked (with effect in relation to interest accruing on sums becoming due in respect of the tax year beginning with 6.4.2000 or any subsequent tax year) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 80(7), 86, Sch. 9 Pt. 8
- F14
Words in art. 7(1)(l) revoked (with effect in relation to interest accruing on sums becoming due in respect of the tax year beginning with 6.4.2000 or any subsequent tax year) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 80(7), 86, Sch. 9 Pt. 8
- F15
Art. 7(1A) inserted (with effect for the tax year 2015-16 and subsequent tax years) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 29, 35
- F16
Words in art. 7(3)(b) substituted (8.12.2002) by The Employment (Northern Ireland) Order 2002 (S.I. 2002/2836), arts. 1(2), 10(3); S.R. 2002/356, art. 2(2), Sch. 1 Pt. 2
- F17
Words in art. 7(3)(b) substituted (15.3.2015 for specified purposes) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23, Sch. 1 para. 5(2)(b); S.R. 2015/86, arts. 3(2)(i), 5 (with art. 6)
- F18
Words in art. 7(3)(b) substituted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), s. 5(5), Sch. para. 26(3); S.R. 2022/136, arts. 2, 3
Commencement
- I1
Art. 7 in force at 24.3.1999 for specified purposes, see art. 1(2)(c)
- I2
Art. 7(1)(h), (j)-(l) in force at 6.4.1999 in so far as not already in force by S.R. 1999/149, art. 2(d), Sch. 3 (with arts. 3-6)
- I3
Art. 7(1)(a)-(g)(i)(m), (2)(3) in force at 1.4.1999 in so far as not already in force by S.R. 1999/149, art. 2(c), Sch. 2 (with arts. 3-6)
Footnotes
- f1
Section 115B was inserted by Article 60 of the Social Security (Northern Ireland) Order 1998.
- f2
Paragraph 7A was inserted by Article 53(2) of the Social Security (Northern Ireland) Order 1998.
- f3
Section 107 was substituted by Article 56 of the Social Security (Northern Ireland) Order 1998.
Notes on Part III
Modifications
- C1
Pt. 3 modified (22.3.2011) by National Insurance Contributions Act 2011 (c. 3), ss. 8(6)(b), 13(2)
- C2
Pt. 3 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.
- C3
Pt. 3 modified (1.1.2021) by The Social Security (Norway) Order 2020 (S.I. 2020/1597), arts. 1, 2, Sch. (as amended 12.10.2023) by S.I. 2023/1060, arts. 1(2), 4(1))
- C4
Pt. 3 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), arts. 1, 2, Sch. (as amended 12.10.2023) by S.I. 2023/1060, arts. 1(2), 4(2))
- C5
Pt. 3 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Gibraltar) Order 2024 (S.I. 2024/149), art. 2, Sch.
- C6
Pt. III modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Contributions) (Republic of India) Order 2026 (S.I. 2026/274), art. 2(b)