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The Industrial Tribunals (Northern Ireland) Order 1996
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Changes over time for: Section 19
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The Industrial Tribunals (Northern Ireland) Order 1996, Section 19 is up to date with all changes known to be in force on or before 13 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.
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Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 20(1)(c)(via) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 13
Recoupment: further provisionsN.I.
19.—(1) Where in pursuance of any regulations under Article 18 a sum has been recovered by or paid to the Department of Health and Social Services by way of total or partial recoupment of [F1universal credit,] jobseeker's allowance [F2, income support or income-related employment and support allowance]—
(a)no sum shall be recoverable under Part III or V of the [1992 c. 8.] Social Security Administration Act (Northern Ireland) 1992, and
(b)no abatement, payment or reduction shall be made by reference to the [F3universal credit,] jobseeker's allowance [F2, income support or income-related employment and support allowance] recouped.
(2) Any amount found to have been duly recovered by or paid to the Department of Health and Social Services in pursuance of regulations under Article 18 by way of total or partial recoupment of 1 jobseeker's allowance shall be paid into the Northern Ireland National Insurance Fund.
(3) In Article 18—
“monetary award” means the amount which is awarded, or ordered to be paid, to the employee by the tribunal or would be so awarded or ordered apart from any provision of regulations under that Article, and
“the prescribed element”, in relation to any monetary award, means so much of that award as is attributable to such matters as may be prescribed by regulations under that Article.
(4) In Article 18 “income-based jobseeker's allowance” has the same meaning as in the [1995 NI 15.] Jobseekers (Northern Ireland) Order 1995.
[F4(5) In this Article and Article 18 “” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance).]
[F5(6) In this Article and Article 18 “universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.]
F1Words in art. 19(1) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 9(4)(a)
F2Words in art. 19(1) substituted (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 9(3); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1
F3Words in art. 19(1)(b) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 9(4)(a)
F4Art. 19(5) added (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 9(4); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1
F5Art. 19(6) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 9(4)(b)
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