Social Security (Northern Ireland) Act 1975

1. Introductory Text

2. PART I Contributions

   1. Preliminary

      1. 1. Outline of contributory system

      2. 2. Categories of earners

      3. 3. " Earnings "

   2. The four classes of contributions

      1. 4. Class 1 contributions (incidence)

      2. 5. Class 1 standard and reduced rates

      3. 6. Class 1 exemptions

      4. 7. Class 2 contributions

      5. 8. Class 3 contributions

      6. 9. Class 4 contributions recoverable under Tax Acts

      7. 10. Class 4 contributions recoverable under regulations

      8. 11. General power to regulate liability for contributions

3. PART II Benefit and its Administration

   1. CHAPTER I Contributory Benefits

      1. Preliminary

         1. 12. Descriptions of contributory benefits

         2. 13. Contribution conditions and the earnings factor

      2. Benefits for unemployment, sickness and invalidity

         1. 14. Unemployment benefit and sickness benefit

         2. 15. Invalidity pension

         3. 16. Invalidity allowance

         4. 17. Determination of days for which benefit is payable

         5. 18. Duration of unemployment benefit

         6. 19. Loss of employment due to stoppage of work

         7. 20. Other disqualifications, etc.

      3. Maternity

         1. 21. Maternity grant

         2. 22. Maternity allowance

         3. 23. Supplementary provisions as to maternity benefit

      4. Widowhood

         1. 24. Widow's allowance

         2. 25. Widowed mother's allowance

         3. 26. Widow's pension

      5. Retirement pensions (Categories A and B)

         1. 27. Matters affecting entitlement to pension

         2. 28. Category A retirement pension

         3. 29. Category B retirement pension

         4. 30. Category A and B pensions (supplementary)

      6. Other benefits

         1. 31. Child's special allowance

         2. 32. Death grant

      7. Supplementary

         1. 33. Partial satisfaction of contribution conditions

   2. CHAPTER II Non-Contributory Benefits

      1. 34. Descriptions of non-contributory benefits

      2. 35. Attendance allowance

      3. 36. Non-contributory invalidity pension

      4. 37. Invalid care allowance

      5. 38. Guardian's allowance

      6. 39. Retirement benefits for the aged

      7. 40. Age addition

   3. CHAPTER III Increases for Dependants

      1. Child dependants

         1. 41. Beneficiary's dependent children

         2. 42. Additional provisions as to increase under s. 41

         3. 43. Limits of increase for dependent children

      2. Adult dependants

         1. 44. Short term benefit: increase for adult dependants

         2. 45. Pension increase (wife)

         3. 46. Pension increase (female with care of children)

         4. 47. Invalidity pension (dependent relative)

         5. 48. Pension increases: supplementary provisions

      3. Increase of certain non-contributory benefits

         1. 49. Beneficiaries under ss. 36 and 37

   4. CHAPTER IV Benefit for Industrial Injuries

      1. General provisions as to benefit

         1. 50. Descriptions of industrial injuries benefits

         2. 51. Relevant employments

         3. 52. Earner acting in breach of regulations, etc.

         4. 53. Earner travelling in employer's transport

         5. 54. Accidents happening while meeting emergency

         6. 55. Accident caused by another's misconduct, etc.

      2. Injury benefit

         1. 56. Injury benefit

      3. Disablement benefit

         1. 57. Disablement gratuity and pension

         2. 58. Unemployability supplement

         3. 59. Increase of unemployability supplement

         4. 60. Increase of disablement pension for special hardship

         5. 61. Increase where constant attendance needed

         6. 62. Increase during hospital treatment

         7. 63. Increase for exceptionally severe disablement

      4. Increases for dependants

         1. 64. Beneficiary's dependent children

         2. 65. Additional provisions as to increase under s. 64

         3. 66. Adult dependants

      5. Industrial death benefit

         1. 67. Widow's benefit (entitlement)

         2. 68. Widow's benefit (rate)

         3. 69. Widower's benefit (entitlement and rate)

         4. 70. Children of deceased's family

         5. 71. Parents

         6. 72. Relatives

         7. 73. Woman having care of deceased's children

         8. 74. Beneficiary previously maintained by deceased

         9. 75. Death of person with constant attendance allowance

   5. CHAPTER V Industrial Diseases, and Injuries not within Chapter IV

      1. 76. Benefit in respect of industrial disease, etc.

      2. 77. General provisions as to benefit under s. 76

      3. 78. Respiratory diseases

   6. CHAPTER VI Administration of Benefit

      1. Provisions relating to benefit under Chapters I to V

         1. 79. Claims and awards

         2. 80. Claims in the alternative

         3. 81. Payment

         4. 82. Disqualification and suspension

         5. 83. Disqualifications disregarded for certain purposes

         6. 84. Persons maintaining dependants, etc.

         7. 85. Overlapping benefits

         8. 86. Set-off of overpayments

         9. 87. Benefit to be inalienable

      2. Provisions relating to industrial injuries benefit only

         1. 88. Notification of accidents, etc.

         2. 89. Medical examination and treatment

         3. 90. Obligations of claimants

         4. 91. Adjustments for successive accidents

      3. Supplementary

         1. 92. Benefit forgone for unabated sick pay

4. PART III Determination of Claims and Questions

   1. Adjudication by Department

      1. 93. Principal questions for Department

      2. 94. Appeal on question of law

      3. 95. Other questions for Department

      4. 96. Review of decisions under ss. 93, 95

   2. Adjudication by insurance officers, local tribunals and Commissioners

      1. 97. Adjudicating officials and bodies

      2. 98. Claims and questions to be submitted to insurance officer

      3. 99. Decision of insurance officer

      4. 100. Appeal to local tribunal

      5. 101. Appeal from local tribunal to Commissioner

      6. 102. Questions first arising on appeal

      7. 103. Reference of special questions

      8. 104. Review of decisions

   3. Adjudication in relation to attendance allowance

      1. 105. Attendance Allowance Board for Northern Ireland

      2. 106. Review of, and appeal from, Board's decision

   4. Adjudication in relation to industrial injuries, etc.

      1. 107. Declaration that accident is an industrial accident

      2. 108. Disablement questions

      3. 109. Medical appeals and references

      4. 110. Review of medical decisions

      5. 111. Reference to single doctor

      6. 112. Effect of doctor's decision

      7. 113. Adjudication as to industrial diseases

   5. Adjudication generally

      1. 114. Regulations as to determination of questions

      2. 115. Procedure

      3. 116. Tribunal of 2 or 3 Commissioners

      4. 117. Finality of decisions

      5. 118. Questions as to child or family

      6. 119. Effect of adjudication on payment and recovery

5. PART IV General Provisions as to Operation and Administration of this Act

   1. Re-rating of contributions and up-rating of benefits

      1. 120. Amendments following alterations in Great Britain

      2. 121. Supplementary provisions as to up-rating

   2. Special classes of earners

      1. 122. Crown employment

      2. 123. Her Majesty's forces

      3. 124. Mariners, airmen, etc.

      4. 125. Married women and widows

      5. 126. Persons outside Northern Ireland

   3. Finance

      1. 127. National Insurance Fund

      2. 128. Destination of contributions and supplements

      3. 129. General financial arrangements

      4. 130. Payments for purposes of s. 92

      5. 131. Payments for purposes of vocational training, etc.

   4. Advice

      1. 132. Advisory functions in relation to attendance allowance

   5. Social security systems outside Northern Ireland

      1. 133. Co-ordination with Great Britain

      2. 134. Reciprocity with other countries

   6. Enforcement

      1. 135. Appointment and powers of inspectors

      2. 136. Duty to submit to inspection

      3. 137. Offences and penalties

      4. 138. General provisions as to prosecutions

      5. 139. Questions arising in proceedings

   7. Unpaid contributions

      1. 140. Evidence of non-payment

      2. 141. Recovery on prosecution

      3. 142. Proof of previous offences

      4. 143. Provisions supplementary to ss. 141, 142

      5. 144. Priority in bankruptcy, etc.

   8. Matters particularly relating to industrial injuries, etc.

      1. 145. Research on industrial injuries, etc.

      2. 146. Control of pneumoconiosis

      3. 147. Accidents in course of illegal employment

      4. 148. Persons treated as employers for certain purposes

      5. 149. Supplementary schemes

      6. 150. Payments for pre-1948 cases

   9. Other administrative provisions

      1. 151. Furnishing of addresses for maintenance proceedings, etc.

      2. 152. Treatment of certain marriages

      3. 153. Exemption from stamp duty

      4. 154. Disclosure of information by Inland Revenue

6. PART V General

   1. 155. Orders and regulations (general provisions)

   2. 156. Orders and regulations (control by Northern Ireland Assembly)

   3. 157. Interpretation

   4. 158. Citation, extent and commencement

7. SCHEDULES

   1. SCHEDULE 1

      Supplementary provisions relating to Contributions of Classes 1, 2 and 3

      1. Class 1 contributions where earner employed in more than one employment

         1. 1. (1) For the purposes of determining whether Class 1 contributions...

      2. Earnings not paid at normal intervals

         1. 2. Regulations may, for the purposes of Class 1 contributions, make...

      3. Method of paying Class 1 contributions

         1. 3. (1) Where earnings are paid to an employed earner and...

      4. General provisions as to Class 1 contributions

         1. 4. Regulations may, in relation to Class 1 contributions, make provision—...

      5. Power to combine collection of contributions with tax

         1. 5. (1) Regulations made with the concurrence of the Inland Revenue...

      6. General regulation-making powers

         1. 6. (1) Regulations may provide— (a) for requiring persons to maintain,...

         2. 7. Regulations may provide that, for the purpose of determining whether...

   2. SCHEDULE 2

      Schedule 2 to the Social Security Act 1975: Levy of Class 4 Contributions With Income Tax

      1. Interpretation

         1. 1. In this Schedule— (a) " the Act of 1968 "...

      2. Method of computing profits or gains

         1. 2. Subject to the following paragraphs, Class 4 contributions shall be...

      3. Reliefs

         1. 3. (1) For the purposes of computing the amount of profits...

      4. Husband and wife

         1. 4. (1) Chapter IV of Part I of the Act of...

      5. Partnerships

         1. 5. (1) Where a trade or profession is carried on by...

      6. Trustees, etc.

         1. 6. In any circumstances in which apart from this paragraph a...

      7. Other provisions

         1. 7. Section 88(1), (4) and (5)(a) and (b) of the Taxes...

         2. 8. Where an assessment has become final and conclusive for the...

         3. 9. The provisions of Part V of the Taxes Management Act...

   3. SCHEDULE 3

      Contribution conditions for entitlement to benefit

      1. PART I The conditions

         1. Unemployment and sickness benefit

            1. 1. (1) The contribution conditions for unemployment benefit or sickness benefit...

         2. Maternity grant

            1. 2. (1) The contribution conditions for a maternity grant are the...

         3. Maternity allowance

            1. 3. (1) The contribution conditions for a maternity allowance are the...

         4. Widow's allowance

            1. 4. (1) The contribution condition for a widow's allowance is that—...

         5. Widowed mother's allowance and widow's pension; retirement pensions (Categories A and B)

            1. 5. (1) The contribution conditions for a widowed mother's allowance, a...

         6. Child's special allowance

            1. 6. (1) The contribution condition for a child's special allowance is...

         7. Death grant

            1. 7. (1) The contribution condition for a death grant is that—...

      2. PART II Satisfaction of conditions in early years of contribution

         1. 8. (1) Sub-paragraph (3) below shall apply where a claim is...

         2. 9. Where a person claims unemployment benefit, he shall be deemed...

         3. 10. Where a person claims sickness benefit, he shall be deemed...

         4. 11. Where a woman claims a maternity grant, the contributor concerned...

         5. 12. Where a woman claims a maternity allowance, she shall be...

         6. 13. Where a woman claims a widow's allowance, the contributor concerned...

   4. SCHEDULE 4

      Rates of Benefits, Grants and Increases for Dependants

      1. PART I Contributory Periodical Benefits

      2. PART II Maternity Grant and Death Grant

      3. PART III Non-Contributory Periodical Benefits (ss. 34-40)

      4. PART IV Increases for Dependants (ss. 41-49)

      5. PART V Rate or Amount of Industrial Injuries Benefit

   5. SCHEDULE 5

      Meaning of " unemployability supplement or allowance "

   6. SCHEDULE 6

      Earnings-related supplement and addition

      1. PART I Computation of weekly rate

         1. 1. (1) The weekly rate of earnings-related supplement of unemployment benefit,...

         2. 2. The claimant's or late husband's reckonable weekly earnings for the...

         3. 3. (1) The weekly rate of earnings-related supplement of unemployment benefit,...

         4. 4. The foregoing provisions of this Schedule shall be subject to...

      2. PART II Additional provisions

         1. 5. Where, in the case of a person entitled in respect...

         2. 6. Where, in the case of a person entitled to any...

         3. 7. Regulations may provide that the relevant year for the purposes...

   7. SCHEDULE 7

      Method of treating deceased husband's contributions as those of his widow, so as to entitle her to Category A retirement pension

      1. 1. (1) There shall be taken into account towards the widow's...

      2. 2. The number of years arrived at under this paragraph is...

      3. 3. The number of years arrived at under this paragraph is...

   8. SCHEDULE 8

      Assessment of Extent of Disablement

      1. General provisions as to method of assessment

         1. 1. For the purposes of section 57 of this Act, the...

         2. 2. Provision may be made by regulations for further defining the...

         3. 3. Regulations under paragraph 1(d) or 2 above may include provision—...

         4. 4. The period to be taken into account by an assessment...

         5. 5. An assessment shall state the degree of disablement in the...

      2. Special provision as to entitlement to constant attendance allowance, etc.

         1. 6. (1) For the purpose of determining whether a person is...

   9. SCHEDULE 9

      Limits of entitlement to industrial death benefit

      1. 1. Where two or more persons satisfy the conditions, in respect...

      2. 2. Where two or more persons satisfy the conditions, in respect...

      3. 3. No person shall be entitled in respect of the death...

      4. 4. (1) Where a person would but for paragraph 2 or...

      5. 5. No person shall be entitled in respect of a person's...

      6. 6. (1) The death benefit payable in respect of a person's...

      7. 7. (1) A person shall be treated for the purposes of...

      8. 8. (1) Where a person entitled, or who may become entitled,...

   10. SCHEDULE 10

       Supplementary Provisions as to Local Tribunals, Commissioners, Etc

       1. Panels for appointment to local tribunals

          1. 1. (1) The panels referred to in section 97(2) of this...

       2. Tribunal chairmen

          1. 2. (1) A person appointed to act as chairman of a...

       3. Expenses of tribunal members and others

          1. 3. (1) The Department may pay— (a) to any person (other...

       4. Commissioners' remuneration etc.

          1. 4. The Department shall pay to a National Insurance Commissioner such...

       5. Retirement of Commissioners

          1. 5. (1) A National Insurance Commissioner shall retire when he attains...

       6. Commissioners' pensions

          1. 6. (1) The Department may from time to time recommend to...

       7. Commissioners' pensions: supplementary

          1. 7. (1) Paragraph 6(1) shall have effect notwithstanding that a Commissioner...

   11. SCHEDULE 11

       Attendance Allowance Board for Northern Ireland

       1. PART I Membership of Board and Method of Discharging Functions

          1. 1. (1) Subject to the following sub-paragraph, the Board shall consist...

          2. 2. The House of Commons Disqualification Act 1957 shall continue with...

          3. 3. The Board may appoint persons as advisers to the Board...

          4. 4. The Board may refer any individual case for investigation and...

          5. 5. The Board may delegate any of their functions in respect...

       2. PART II Personnel, Administration and Expenses

          1. 6. The chairman and other members of the Board shall hold...

          2. 7. The Department may remove a member of the Board on...

          3. 8. Nothing in paragraphs 6 and 7 above applies to an...

          4. 9. The Department shall make arrangements for securing that such of...

          5. 10. The expenses of the Board to such an amount as...

          6. 11. There may be paid as part of the expenses of...

          7. 12. Subject to any directions given to them by the Department,...

   12. SCHEDULE 12

       Medical Boards and Medical Appeal Tribunals

       1. 1. Medical boards shall be appointed by the Department and shall...

       2. 2. Medical appeal tribunals shall be appointed by the Department and...

       3. 3. Subject to the foregoing paragraphs, the constitution of medical boards...

       4. 4. The Department may pay— (a) to the chairman and other...

       5. 5. The Department may pay to persons required to attend on...

       6. 6. The Department may pay such other expenses as it may...

       7. 7. The consent of the Department of Finance shall be required...

       8. 8. In the above paragraphs references to travelling and other allowances...

   13. SCHEDULE 13

       Provision Which May be Made by Procedure Regulations

       1. 1. Provision prescribing the procedure to be followed in connection with...

       2. 2. Provision as to the form which is to be used...

       3. 3. Provision as to the time to be allowed for producing...

       4. 4. Provision as to the manner in which and the time...

       5. 5. Provision for summoning persons to attend and give evidence or...

       6. 6. Provision for authorising a competent tribunal consisting of two or...

       7. 7. Provision for giving the chairman of a competent tribunal consisting...

       8. 8. Provision for empowering the Department, an insurance officer or a...

       9. 9. Provision— (a) that in such cases as may be prescribed...

       10. 10. Provision for the non-disclosure to a person of the particulars...

       11. 11. Provision for requiring or authorising the Department to hold, or...

   14. SCHEDULE 14

       Provisions applicable on Alteration of Benefit Rates

       1. Preliminary

          1. 1. In this Schedule, "the commencing date " means the date...

       2. Awards before commencing date

          1. 2. (1) Where the weekly rate of benefit is altered to...

       3. Variation of disablement gratuities

          1. 3. Where in consequence of the passing of an Act, the...

       4. Benefit in respect of children or adult dependants

          1. 4. Where for any purpose of this Act or regulations the...

   15. SCHEDULE 15

       Priority of Debts in cases of Personal and Company Insolvency

       1. 1. (1) The relevant enactments relating to personal insolvency are the...

       2. 2. (1) The relevant enactment relating to companies' winding-up is section...

       3. 3. (1) The relevant enactment relating to the remedies of debenture...

   16. SCHEDULE 16

       Supplementary Schemes

       1. Implementation of schemes

          1. 1. The Department may by order approve a supplementary scheme whether...

          2. 2. Subject to the provisions of this paragraph, and to paragraphs...

          3. 3. A supplementary scheme may empower the body charged with the...

          4. 4. No part of the funds required for providing benefits under...

          5. 5. Subject to paragraphs 6 to 9 below, a supplementary scheme...

       2. Amendment and consolidation of schemes

          1. 6. The Department may by order— (a) vary or amend the...

          2. 7. An order under paragraph 6 above with respect to any...

          3. 8. The Department, after consulting the body charged with the administration...

          4. 9. An order made by virtue of paragraph 7 or 8...

       3. Set-off of overpayments

          1. 10. (1) Where a person who has received a payment in...

          2. 11. Where a person has received in respect of any period...

          3. 12. The amount by which a payment to any person is...

       4. Exemption of certain documents from stamp duty

          1. 13. Stamp duty shall not be chargeable on any of the...

          2. 14. Paragraph 13 above is without prejudice to section 153 of...

   17. SCHEDULE 17

       Glossary of Expressions