Pension Schemes (Northern Ireland) Act 1993

165 Determination of questions by Department

(1) The questions to which section 15(1) of the [1992 c. 8.] Social Security Administration (Northern Ireland) Act 1992 (questions for determination by the Department) applies include—

(a) any question as to the amount of a person’s guaranteed minimum for the purposes of section 9 or 13;

(b) any question—

(i) whether a state scheme premium is payable or has been paid in any case or as to the amount of any such premium; or

(ii) otherwise arising in connection with any state scheme premium;

(c) any question whether for the purposes of this Act a cash sum paid or an alternative arrangement made under the [1975 c. 75.] Policyholders Protection Act 1975 provides the whole or any part of the guaranteed minimum pension to which an earner or an earner’s widow or widower was entitled under a contracted-out scheme; and

(d) any question arising in connection with minimum contributions or payments under Article 9 of the [S.I. 1986/1888 (N.I. 18).] Social Security (Northern Ireland) Order 1986,

other than a question such as is mentioned in paragraph (b)(ii) or (d) which is required by virtue of this Act to be determined by the Board.

(2) The Department may make any determination required by subsection (1)(c) on such basis as it considers appropriate.

(3) Any question arising under this Act as to whether the employment of an earner in employed earner’s employment at any time is or was contracted-out employment in relation to him shall be referred by the Department to the Board and determined by them.

(4) Neither section 15(1) nor section 18(1) of the [1992 c. 8.] Social Security Administration (Northern Ireland) Act 1992 (questions for determination by adjudication officers) shall apply to any such question as is mentioned in subsection (3).

(5) Any question arising in proceedings before any court or tribunal whether the rules of an occupational pension scheme conform with the equal access requirements shall be referred to and determined by the Board.

(6) Subsection (4) of section 130 shall apply to determinations under subsection (5) as it applies to determinations under that section.