Chwilio Deddfwriaeth

Social Security Contributions and Benefits (Northern Ireland) Act 1992

Status:

Point in time view as at 09/04/1997.

Changes to legislation:

Social Security Contributions and Benefits (Northern Ireland) Act 1992, Part XIII is up to date with all changes known to be in force on or before 30 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Part XIIIU.K. General

InterpretationN.I.

168 Application of Act in relation to territorial waters.N.I.

In this Act—

(a)any reference to Northern Ireland includes a reference to the territorial waters of the United Kingdom adjacent to Northern Ireland;

(b)any reference to the United Kingdom includes a reference to the territorial waters of the United Kingdom.

Modifications etc. (not altering text)

C1S. 168 applied (2.12.2002 for certain purposes and otherwise prosp.) by State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), ss. 17(3)(a), 21(2); S.R. 2002/366, art. 2(1)(o)

169 Age.N.I.

For the purposes of this Act a person—

(a)is over or under a particular age if he has or, as the case may be, has not attained that age; and

(b)is between two particular ages if he has attained the first but not the second.

Modifications etc. (not altering text)

C2S. 169 applied (2.12.2002 for certain purposes and otherwise prosp.) by State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), ss. 17(3)(b), 21(2); S.R. 2002/366, art. 2(1)(o)

170 Interpretation.N.I.

In this Act—

  • the 1975 Act” means the M1Social Security (Northern Ireland) Act 1975;

  • the 1986 Order” means the M2Social Security (Northern Ireland) Order 1986;

  • the Administration Act” means the M3Social Security Administration (Northern Ireland) Act 1992;

  • the Consequential Provisions Act” means the M4Social Security (Consequential Provisions) (Northern Ireland) Act 1992;

  • the Department” means the Department of Health and Social Services for Northern Ireland;

  • the Department of Economic Development” means the Department of Economic Development in Northern Ireland;

  • the Department of the Environment” means the Department of the Environment for Northern Ireland;

  • the Department of Finance and Personnel” means the Department of Finance and Personnel in Northern Ireland;

  • the Great Britain Administration Act” means the M5Social Security Administration Act 1992;

  • the Great Britain Contributions and Benefits Act” means the M6Social Security Contributions and Benefits Act 1992;

  • the National Insurance Fund” means the Northern Ireland National Insurance Fund;

  • the Old Cases Act” means the M7Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975;[F1the Pensions Act” means the Pension Schemes (Northern Ireland) Act 1993;]

  • the Pensions Order” means the M8Social Security Pensions (Northern Ireland) Order 1975;

  • statutory provision” has the meaning assigned by section 1(f) of the M9Interpretation Act (Northern Ireland) 1954.

Textual Amendments

F1S. 170: by 1993 c. 49, s. 184, Sch. 7 para. 35 (commenced on 7.2.1994 by S.R. 1994/17, art. 2) it is provided that the definition of "the Pensions Act" [as reproduced here] shall be inserted before the definition of "the Pensions Order" in s. 174 of this Act. By S.I. 1995/3213 (N.I. 22), arts. 165, 168, Sch. 4, para. 15, Sch. 5, Pt.IV (commenced on 19.12.1995 by S.R. 1995/477, art. 2(a), Sch. Pt. I), Sch. 7 para. 35 of the 1993 Act is repealed and by art. 165, Sch. 4, para. 2 of that 1995 S.I. (also commenced on 19.12.1995 by S.R. 1995/477, art. 2(a), Sch. Pt. I) the same definition of "the Pensions Act" is inserted in s. 170 of this Act

Marginal Citations

Subordinate legislationN.I.

171 Regulations and orders - general.N.I.

(1)Subject to any specific provision of this Act, regulations and orders under this Act shall be made by the Department.

(2)Any power conferred by this Act to make regulations (except regulations made by the Secretary of State under section 116 or 157 [F2and regulations made by the Chief Registrar of friendly societies under paragraph 10(2) of Schedule 1 to this Act.]) or orders is exercisable by statutory rule for the purposes of the M10Statutory Rules (Northern Ireland) Order 1979.

(3)Except in the case of an order under section 141(3) above and in so far as this Act otherwise provides, any power conferred by this Act to make regulations or an order may be exercised—

(a)either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;

(b)so as to make, as respects the cases in relation to which it is exercised—

(i)the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii)the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,

(iii)any such provision either unconditionally or subject to any specified condition;

and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes; and powers to make regulations or an order for the purposes of any one provision of this Act are without prejudice to powers to make regulations or an order for the purposes of any other provision.

(4)Without prejudice to any specific provision of this Act, any power conferred by this Act to make regulations or an order (other than the power conferred by section 141(3)) includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations or order to be expedient for the purposes of the regulations or order.

(5)Without prejudice to any specific provision of this Act, a power conferred by any provision of this Act except—

(a)sections [F325B(2)(a),]30, 47(6) F4. . . and 141(3) and paragraph 3(9) of Schedule 7; and

(b)section 121(1) in relation to the definition of “payments by way of occupational or personal pension”; and

(c)Part XI,

to make regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter.

(6)Any power conferred by this Act to make regulations relating to housing benefit shall include power to make different provision for different areas.

[F5(6A)Regulations under Part VII of this Act relating to housing benefit administered by the Department of the Environment under section 126(3)(b) of the Administration Act shall not be made without the consent of that Department.]

(7)Any power of the Department under any provision of this Act, except the provisions mentioned in subsection (5)(a) and (b) above and Part IX, to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Department of Finance and Personnel shall if that Department so directs be exercisable only in conjunction with it.

(8)Any power under any of sections 116 to 119 above to modify provisions of this Act or the Administration Act extends also to modifying so much of any other provision of this Act or that Act as re-enacts provisions of the 1975 Act which replaced provisions of the National Insurance (Industrial Injuries) Measures (Northern Ireland) 1966 to 1974.

(9)A power to make regulations under any of sections 116 to 119 above shall be exercisable in relation to any enactment passed or made after this Act which is directed to be construed as one with this Act, but this subsection applies only so far as a contrary intention is not expressed in the enactment, and is without prejudice to the generality of any such direction.

(10)Any power of the Secretary of State under section 116 or 157 above to make regulations is exercisable by statutory instrument; and subsections (3) to (5) above apply to those regulations as they apply to regulations made by the Department.

(11)Any power of the Secretary of State under section 116 or 157 above to make regulations shall if the Treasury so direct be exercisable only in conjunction with them.

(12)Any reference in this section or section 172 below to an order or regulations under this Act includes a reference to an order or regulations made under any provision of an enactment passed or made after this Act which is directed to be construed as one with this Act; but this subsection applies only so far as a contrary intention is not expressed in the enactment, and is without prejudice to the generality of any such direction.

172 Assembly, etc. control of regulations and orders.N.I.

(1)The regulations and orders to which this subsection applies shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations or order, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations or a new order) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have, or the order has, been approved by a resolution of the Assembly.

(2)Subsection (1) above applies to—

(a)regulations made by the Department under section 11(3), 18(1), 19(4) to (6), 28(3), F6. . . 104(3), 117, 118 [F7or 141] above;

(b)regulations prescribing payments for the purposes of the definition of “payments by way of occupational or personal pension” in section 121(1) above;

(c)an order made by the Department under section [F825B(1),] 28(2), F6. . .144(3)(b), 153(2) F9. . . [F10 or 155A(1)] above.

(3)Subsection (1) above does not apply to—

(a)regulations under section 117 which states that they are made for the purpose of making provision consequential on the making of an order under section 129 of the Administration Act;

(b)regulations under any provision mentioned in subsection (2)(a) above F11. . . which are to be made for the purpose of consolidating regulations thereby revoked;

(c)regulations which, in so far as they are made under any provision mentioned in subsection (2)(a) above (other than section 141 F12. . .), only replace provisions of previous regulations with new provisions to the same effect.

(4)Subject to subsection (7) below, all regulations and orders made by the Department under this Act, other than regulations or orders to which subsection (1) above applies, shall be subject to negative resolution.

(5)Section 41(3) of the M11Interpretation Act (Northern Ireland) 1954 (laying statutory instruments or statutory documents before the Assembly) shall apply in relation to any instrument or document which by virtue of any provision of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.

(6)This subsection applies to any regulations or order made under this Act which—

(a)but for subsection (7) below, would be subject to negative resolution, and

(b)are or is contained in a statutory rule which includes any regulations or order subject to the confirmatory procedure.

(7)Any regulations or order to which subsection (6) above applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.

(8)During the interim period (as defined by section 1(4) of the M12Northern Ireland Act 1974), subsections (1) and (4) above have effect subject to paragraph 3 of Schedule 1 to that Act.

(9)Subject to subsection (10) below, regulations made under this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)This subsection applies to any regulations made under this Act which—

(a)but for subsection (11) below, would be subject to annulment in pursuance of a resolution of either House of Parliament, and

(b)are, or is, contained in an instrument which is subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament.

(11)Any regulations to which subsection (9) above applies shall not be subject as mentioned in paragraph (a) of that subsection, but shall be subject to the procedure described in paragraph (b) of that subsection.

(12)In this section—

  • the Assembly” means the Northern Ireland Assembly;

  • the confirmatory procedure” means the procedure described in subsection (1) above;

  • subject to negative resolution” has the meaning assigned by section 41(6) of the M13Interpretation Act (Northern Ireland) 1954 (but as if the regulations or orders in question were statutory instruments within the meaning of that Act).

Textual Amendments

F7Words in s. 172(2)(a) substituted (6.4.1995) by S.R. 1995/69, art. 6(1)(a)(i)

F9Words in s. 172(2)(c) omitted (6.4.1995) by virtue of S.R. 1995/69, art. 6(1)(a)(ii)

F10Words in s. 172(2)(c) substituted (23.3.1994) by S.I. 1994/766 (N.I. 5), arts. 1(2), 5(2) (with art. 4(6))

F11Words in s. 172(3)(b) omitted (6.4.1995) by virtue of S.R. 1995/69, art. 6(1)(a)(iii)

F12Words in s. 172(3)(c) omitted (6.4.1995) by virtue of S.R. 1995/69, art. 6(1)(a)(iv)

Marginal Citations

SupplementaryU.K.

173 Short title, commencement and extent.U.K.

(1)This Act may be cited as the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

(2)This Act is to be read, where appropriate, with the Administration Act and the Consequential Provisions Act.

(3)The enactments consolidated by this Act are repealed, in consequence of the consolidation, by the Consequential Provisions Act.

(4)Except as provided in Schedule 4 to the Consequential Provisions Act, this Act shall come into force on 1st July 1992.

(5)Except as provided by this section, this Act extends to Northern Ireland only.

(6)Section 116(2) and this section also extend to Great Britain.

Yn ôl i’r brig

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan heb Atodlenni

Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill