Social Security Administration (Northern Ireland) Act 1992

111 Questions arising in proceedings. N.I.

(1) Where in any proceedings—

(a) for an offence under this Act [F1 or the Jobseekers (Northern Ireland) Order 1995];

(b) involving any question as to the payment of contributions (other than a Class 4 contribution recoverable by the Inland Revenue); or

(c) for the recovery of any sums due to the Department or the National Insurance Fund,

any such question arises as is mentioned in section 15(1) above, the decision of the Department shall be conclusive for the purposes of the proceedings.

(2) If—

(a) a decision of any such question is necessary for the determination of proceedings; and

(b) the decision of the Department has not been obtained or a question has been raised with a view to a review of the decision obtained,

the question shall be referred to the Department for determination or review in accordance (subject to any necessary modifications) with Part II of this Act.

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

(a) an appeal under section 16 above is pending;

(b) the time for appealing has not expired; or

(c) a question has been raised with a view to a review of the Department’s decision under section 17 above,

and the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.

Textual Amendments

F1 Words in s. 111(1)(a) inserted (17.7.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2, para. 39; S.R. 1996/285, art. 2, Sch.