Chwilio Deddfwriaeth

Social Security Act 1973

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PART IIIAmendments of Part IV of the National Insurance Act (Northern Ireland) 1966

17(1)Throughout Part IV of the [1966 c. 6 (N.I.).] National Insurance Act (Northern Ireland) 1966 ("the Act"), except in section 69(1) and where the words first occur in section 79(1), for "the Commissioner " substitute " a Commissioner ".

(2)For section 63 of the Act substitute the following:—

63Interpretation of this Part.

In this Part—

(a)" the Social Security Act " means the Social Security Act 1973 ;

(b)" benefit " means benefit under Part I of that Act or, as respects any period before the day appointed for the coming into force of section 2 of that Act, under this Act or the [1936 c. 23 (N.I.).] National Insurance Act (Northern Ireland) 1946 and " beneficiary" shall be construed accordingly ;

(c)" claimant " means a person who has claimed benefit or whose right to be excepted from liability to pay, or to have his liability deferred for, or to be credited with, a contribution is in question;

(d)" employed earner " shall be construed in accordance with section 1(7) of the Social Security Act and regulations under Part I of that Act;

(e)" the Family Allowances Act " means the [1966 c. 8 (N.I.).] Family Allowances Act (Northern Ireland) 1966;

(f)" the Industrial Injuries Act " means the [1966 c. 9 (N.I.).] National Insurance (Industrial Injuries) Act (Northern Ireland) 1966 ;

(g)" Ministry " and " Minister " mean respectively the Ministry of Health and Social Services and the Minister of Health and Social Services ;

(h)" National Insurance Commissione r" means a Commissioner appointed under paragraph 13 of Schedule 25 to the Social Security Act;

(j)" prescribed " means prescribed by regulations ; and

(k)" regulations " means regulations made by the Ministry under this Act..

18In section 64(1), (2), (3) and (6) of the Act for "Supreme Court" substitute " Court of Appeal ".

19In section 64 of the Act—

(a)in subsection (1), for " 63(1)(a) to (c)" substitute " 84(1)(a) to (c) or 85(1)(a) or (b) of the Social Security Act ";

(b)in subsection (2), for the words from " send notice " to the end of the subsection substitute—

give notice in writing of its intention to do so—

(a)in a case where the question arises on an application made to the Ministry, to the applicant; and

(b)in any case to such persons as appear to it to be concerned with the question..

20In section 65 of the Act—

(a)in subsection (1), for " 63(1)(a) to (c)" substitute " 84(1)(a) to (c) or 85(1)(a) or (b) of the Social Security Act ";

(b)in subsection (2), for " 63(1)(d) " substitute " 84(1)(d) of the Social Security Act ".

21In section 67(2) of the Act for " 66(1) " substitute " 84(5) of the Social Security Act ".

22In section 68(2) of the Act for " 63(1) or section 6(2) of the Act of 1970 " substitute " 84(1) of the Social Security Act or paragraph 13 of Schedule 7 to that Act ".

23In section 69 of the Act—

(a)in subsection (1) for " the Commissioner" substitute " a National Insurance Commissioner "; and

(b)in paragraph (c) of that subsection for " employed persons " substitute " employed earners " , and for sub-paragraph (ii) substitute—

(ii)the question at issue in any way relates to a deceased person who was a member of the association at the time of his death..

24After section 69 of the Act insert the following new section—

69ADetermination of questions first arising on appeal to a local tribunal or Commissioner.

Where any question under the Social Security Act (not being a question to which section 84(1) of that Act or paragraph 14 of Schedule 7 to that Act applies) first arises in the course of an appeal to a local tribunal constituted under section 76 of this Act or a National Insurance Commissioner, the tribunal or Commissioner may, if they or he thinks fit, proceed to determine that question notwithstanding that it has not been considered by an insurance officer..

25In section 70(1) of the Act for the words from " section 63(1) " to the end of paragraph (a) substitute—

section 84(1) of the Social Security Act or paragraph 14 of Schedule 7 to that Act applies, he shall—

(a)refer the latter question for determination in accordance (subject to any necessary modifications) with section 84 of that Act and sections 64 and 65 of this Act or, as the case may be, paragraph 14 of Schedule 7 to that Act; and.

26In section 71 of the Act—

(a)in subsection (1), for " sections 66 " substitute " section 84(5) of the Social Security Act and sections 67 ";

(b)for paragraph (c) of subsection (1) substitute—

(c)the decision was based on the decision of any question to which section 84(1) of the Social Security Act or paragraph 14 of Schedule 7 to that Act applies and the decision of that question is revised in accordance with the provisions of section 65 of this Act or reviewed in accordance with the provisions of paragraph 15 of that Schedule.;

(c)in subsections (3) and (4) for " sections 66 to 69" substitute " the sections of the Social Security Act and this Act referred to in the introductory words of subsection (1) ".

27In section 72 of the Act—

(a)in subsection (1)—

(i)for " sections 63 to 71 " substitute " section 84(1) to (5) of the Social Security Act and sections 64, 65 and 67 to 71 ";

(ii)after " any other provision of this Act" insert " or the Social Security Act ";

(iii)after " in connection with this Act" insert " or the Social Security Act ";

(iv)for " 63(1)(d)" substitute " 84(1)(d) of the Social Security Act ";

(v)for " sections 63, 64(1) to (4), 65 " substitute " section 84(1) to (5) of the Social Security Act and sections 64(1) to (4), 65, 67 ";

(b)in subsection (2) for " 63(1) or 73(1)" substitute " 84(1) of the Social Security Act ";

(c)in subsection (4)—

(i)for " Supreme Court" (twice) substitute " Court of Appeal ";

(ii)for " subsections (5) and (6)" substitute " subsection (6) ";

(iii)for " they apply " substitute " it applies ".

28In section 74 of the Act—

(a)in subsection (1) for " provisions of sections 63 to 71 " substitute " foregoing provisions of this Part and of section 84(1) to (5) of the Social Security Act;

(b)after subsection (1) insert—

(1A)Subsection (1) shall not make any finding of fact or other determination embodied in or necessary to a decision, or on which it is based, conclusive for the purpose of any further decision ; and this subsection applies not only to subsection (1) but also to provisions of earlier Acts corresponding to that subsection and applies as regards the effect to be given in any proceedings to any decision, whether the decision was given or the proceedings commenced before or after the passing of the Social Security Act.;

(c)in subsection (2)—

(i)for " sections 63" substitute " section 84(1) to (5) of the Social Security Act and sections 64, 65 and 67 ";

(ii)after paragraph (c) insert—

(d)that in such cases as may be prescribed one or more medical practitioners shall sit with a local tribunal either as additional members or as assessors and for the appointment by the Ministry of medical practitioners to act for this purpose either generally or for such cases or for such tribunals as the Ministry may determine ;

(e)for extending and defining the functions of assessors for the purposes of this Act;

(f)for empowering the Ministry, a local tribunal or an insurance officer to refer to a medical practitioner for examination and report any question arising for its, their or his decision ;

(g)for the non-disclosure to a person of the particulars of any medical advice or medical evidence given or submitted for the purposes of the determination of, or of any question arising on, any claim if, in the opinion of the prescribed authority, being the person or tribunal, or the chairman of the tribunal, by whom that determination falls to be made, disclosure of those particulars to that person would be undesirable in the interests of that person ;;

(iii)for " sections 63 to 73 " substitute " section 84(1) to (5) of the Social Security Act and sections 64, 65 and 67 to 72 ".

29In section 75 of the Act—

(a)in subsection (1)—

(i)for " benefit under this Act" substitute " benefit under Part I of the Social Security Act ";

(ii)for " 63(1)(a) " substitute " 84(1)(a) of that Act ";

(iii)for " sections 66 " substitute " section 84(5) of the Social Security Act and sections 67 ";

(b)in subsection (2) for " purposes of this Act" substitute " purposes of the Social Security Act ".

30In section 76 of the Act—

(a)in subsection (1)—

(i)for " sections 66 " substitute " section 84(5) of the Social Security Act and sections 67 ";

(ii)in paragraph (a) for "insured persons other than employed persons" substitute " earners other than employed earners ";

(iii)in paragraph (b) for " employed persons " substitute " employed earners ";

(b)in subsection (3) for " insured persons " substitute (in both places) " employed earners ";

(c)in subsection (5)(a)(iii) for " 63(3)" substitute " 84(4) of the Social Security Act ".

31In section 78 of the Act—

(a)at the beginning there shall be inserted the following subsection—

(1)A National Insurance Commissioner shall retire when he attains the age of seventy-two years ; but where a Commissioner who is remunerated by means of a salary would, if he were so to retire, not have completed fifteen years' service, he may continue in office until the end of the completed year of service in which he completes fifteen years' service or attains the age of seventy-five years, whichever first occurs.

For the purposes of this section and Part II of the [1951 c. 20 (N.I.).] Judicial Pensions Act (Northern Ireland) 1951, service before the coming into force of paragraph 13 of Schedule 25 to the Social Security Act by any person as a Commissioner, deputy Commissioner, umpire or deputy umpire for the purposes of this Act, the Industrial Injuries Act or the enactments re-enacted by this Act and that Act and remunerated by means of a salary shall be treated as service by that person as a Commissioner appointed under that paragraph and so remunerated.;

(b)in subsection (2)(a), for " section 9(3) of the [1966 c. 16 (N.I.).] National Insurance (No. 2) Act (Northern Ireland) 1966 " substitute " subsection (1) ";

(c)in subsection (4), after "this Act" insert " the Industrial Injuries Act or the Social Security Act ".

32In section 79 of the Act—

(a)in subsection (1) for " the Commissioner", where those words first occur, substitute " a National Insurance Commissioner "; and

(b)in subsection (3) for " the foregoing provisions of this Part" substitute " this Act, the Social Security Act ".

33In section 80 of the Act—

(a)in subsection (1)—

(i)for " subsections (2) to (5)" substitute " subsection (2) ";

(ii)for the words from " the National" to " Act of 1970) " substitute " the Ministry of any benefit ";

(b)after subsection (1) insert—

(1A)Any sums repaid to the Ministry in pursuance of subsection (1) shall—

(a)be paid by it into the Exchequer insofar as they represent benefit which under section 46(1)(a) of the Social Security Act is not payable out of the Northern Ireland National Insurance Fund ; and

(b)otherwise be paid by it into that Fund;

(c)in subsection (3)(a) after " contributions" insert " under Part I of the Social Security Act or contributions or premiums under Part III of that Act. ".

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