Social Security Administration (Northern Ireland) Act 1992

5 Regulations about claims for and payments of benefit. N.I.

(1) Regulations may provide—

(a) for requiring a claim for a benefit to which this section applies to be made by such person, in such manner and within such time as may be prescribed;

(b) for treating such a claim made in such circumstances as may be prescribed as having been made at such date earlier or later than that at which it is made as may be prescribed;

(c) for permitting such a claim to be made, or treated as if made, for a period wholly or partly after the date on which it is made;

(d) for permitting an award on such a claim to be made for such a period subject to

[F1 (i) the condition that the requirements for entitlement are satisfied at a prescribed time after the making of the award, or

(ii) other prescribed conditions;]

[F2 (e) for any such award to be revised under Article 10 of the Social Security (Northern Ireland) Order 1998, or superseded under Article 11 of that Order, if any of [F3 the conditions referred to in paragraph (d)] are found not to have been satisfied;]

(f) for the disallowance on any ground of a person’s claim for a benefit to which this section applies to be treated as a disallowance of any further claim by that person for that benefit until the grounds of the original disallowance have ceased to exist;

(g) for enabling one person to act for another in relation to a claim for a benefit to which this section applies [F4 (including in particular, in the case of a benefit to be claimed by persons jointly, enabling one person to claim for such persons jointly)] and for enabling such a claim to be made and proceeded with in the name of a person who has died;

F5 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (hh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) for a claim for any one benefit to which this section applies to be treated, either in the alternative or in addition, as a claim for any other such benefit that may be prescribed;

(j) for the person to whom, time when and manner in which a benefit to which this section applies is to be paid and for the information and evidence to be furnished in connection with the payment of such a benefit;

(k) for notice to be given of any change of circumstances affecting the continuance of entitlement to such a benefit or payment of such a benefit [F6 or of any other change of circumstance of a prescribed description] ;

(l) for the day on which entitlement to such a benefit is to begin or end;

(m) for calculating the amounts of such a benefit according to a prescribed scale or otherwise adjusting them so as to avoid fractional amounts or facilitate computation;

(n) for extinguishing the right to payment of such a benefit if payment is not obtained within such period, not being less than 12 months, as may be prescribed from the date on which the right is treated under the regulations as having arisen;

[F7 (o) for suspending payment, in whole or in part, where it appears to the Department that a question arises whether—

(i) the conditions for entitlement are or were fulfilled;

(ii) an award ought to be revised;

(iii) an appeal ought to be brought against an award;]

[F8 (p) for withholding payments of a benefit to which this section applies in prescribed circumstances and for subsequently making withheld payments in prescribed circumstances;]

(q) for the circumstances and manner in which payments of such a benefit may be made to another person on behalf of the beneficiary for any purpose, which may be to discharge, in whole or in part, an obligation of the beneficiary or any other person;

(r) for the payment or distribution of such a benefit to or among persons claiming to be entitled on the death of any person and for dispensing with strict proof of their title;

[F9 (s) for the making of a payment on account of such a benefit—

(i) in cases where it is impracticable for a claim to be made or determined immediately, or for an award to be determined or paid in full immediately,

(ii) in cases of need, or

(iii) in cases where the Department considers in accordance with prescribed criteria that the payment can reasonably be expected to be recovered;]

[F10 (t) for treating any payment on account made by virtue of paragraph (s) above as made on account of any benefit to which this section applies that is subsequently awarded or paid.]

[F11 (1A) Regulations may make provision for requiring a person of a prescribed description to supply any information or evidence which is, or could be, relevant to—

(a) a claim or award relating to a benefit to which this section applies, or

(b) potential claims or awards relating to such a benefit.]

(2) This section applies to the following benefits—

[F12 (za) universal credit;]

[F13 (zb) state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;]

[F14 (zc) bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;]

(a) benefit as defined in section 121 of the Contributions and Benefits Act;

[F15 (aa) a jobseeker’s allowance;]

[F16 (ab) state pension credit;]

[F17 (ac) an employment and support allowance;]

[F18 (ad) personal independence payment;]

(b) income support;

F19 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) housing benefit;

(f) any social fund payments such as are mentioned in section 134(1)(a) or (2) of the Contributions and Benefits Act;

[F20 (fa) health in pregnancy grant;]

(g) child benefit; and

(h) Christmas bonus.

F21 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22 (2B) The power in subsection (1)(j) to make provision for the person to whom a benefit is to be paid includes, in the case of a benefit awarded to persons jointly, power to make provision for the Department to determine to which of them all or any part of a payment should be made, and in particular for the Department—

(a) to determine that payment should be made to whichever of those persons they themselves nominate, or

(b) to determine that payment should be made to one of them irrespective of any nomination by them.]

[F23 (3) Subsection (1)(o) above shall have effect in relation to housing benefit as if the reference to the Department were a reference to the authority paying the benefit.]

(4) Subsection (1)(g), (j), (m), (q) and (r) above shall have effect as if statutory sick pay and statutory maternity pay were benefits to which this section applies.

[F24 “(4A) Subsection (1)(g), (j), (m), (q) and (r) above shall have effect as if—

(a) [F25 statutory paternity pay, statutory adoption pay [F26 , statutory shared parental pay and statutory parental bereavement pay]] were benefits to which this section applies; and

(b) for the words “Regulations may” at the beginning of subsection (1) there were substituted the words “ The Department for Employment and Learning may by regulations subject to negative resolution (within the meaning of section 166(12)) ”.]

[F27 (5) As it has effect in relation to [F28 universal credit or] housing benefit subsection (1)(q) above authorises provision requiring the making of payments of benefit to another person, on behalf of the beneficiary, in such circumstances as may be prescribed.]

Textual Amendments

F1 Words in s. 5(1)(d) substituted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 103(2); S.R. 2016/215, art. 2(6)(a)

F2 S. 5(1)(e) substituted (5.7.1999, 6.9.1999, 5.10.1999, 18.10.1999 and 29.11.1999 for different purposes, otherwiseprosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78(1), Sch. 6 para. 60(1)(a); S.R. 1999/310, art. 2(1)(b), Sch. 1; S.R. 1999/371, art. 2(b), Sch. 1, S.R. 1999/407, art. 2(b), Sch., S.R. 1999/428, art. 2(b), Sch. 1 and S.R. 1999/472, art. 2(1), Sch. 1 (subject to art. 2(2) of the said S.R. 1999/472)

F3 Words in s. 5(1)(e) substituted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 103(3); S.R. 2016/215, art. 2(6)(a)

F4 Words in s. 5(1)(g) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 103(4); S.R. 2016/215, art. 2(6)(a)

F5 S. 5(1)(h)(hh) repealed (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 104(2); S.R. 2016/215, art. 2(6)(a); S.R. 2016/215, art. 2(6)(a)

F6 Words in s. 5(1)(k) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 103(5); S.R. 2016/215, art. 2(6)(a)

F7 S. 5(1)(o) ceased to have effect (5.7.1999, 6.9.1999, 5.10.1999, 18.10.1999, 29.11.1999 and 2.7.2001 for different purposes, otherwise prosp.) by virtue of S.I. 1998/1506 (N.I. 10), art. 78(1), Sch. 6 para. 60(1)(b); S.R. 1999/310, art. 2(1)(b), Sch. 1; S.R. 1999/371, art. 2(b), Sch. 1, S.R. 1999/407, art. 2(b), Sch., S.R. 1999/428, art. 2(b), Sch. 1; S.R. 1999/472, art. 2(1), Sch. 1 (subject to art. 2(2) of the said S.R. 1999/472) and S.R 2001/260, art. 2(a)

S. 5(1)(o) repealed (2.7.2001 for certain purposes, otherwise prosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78(2), Sch. 7; S.R. 2001/260, art. 2

F8 S. 5(1)(p) ceased to have effect (5.7.1999, 6.9.1999, 5.10.1999, 18.10.1999, 29.11.1999 and 2.7.2001 for different purposes, otherwise prosp.) by virtue of S.I. 1998/1506 (N.I. 10), art. 78(1), Sch. 6 para. 60(1)(b); S.R. 1999/310, art. 2(1)(b), Sch. 1; S.R. 1999/371, art. 2(b), Sch. 1, S.R. 1999/407, art. 2(b), Sch., S.R. 1999/428, art. 2(b), Sch. 1, S.R. 1999/472, art. 2(1), Sch. 1 (subject to art. 2(2) of the said S.R. 1999/472) and S.R. 2001/260, art. 2(a)

S. 5(1)(p) repealed (2.7.2001 for certain purposes, otherwise prosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78(2), Sch. 7; S.R. 2001/260, art. 2

F9 S. 5(1)(s) substituted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 106(1); S.R. 2016/215, art. 2(6)(a)

F10 S. 5(1)(t) added (retrospectively) by S.I. 1993/1579 (N.I. 8), art. 3(1)(4)

F11 S. 5(1A) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 104(3); S.R. 2016/215, art. 2(6)(a)

F12 S. 5(2)(za) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 5(a); S.R. 2016/215, art. 2(2)(aa)(c)(v)

F13 S. 5(2)(zb) inserted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 12 para. 10

F14 S. 5(2)(zc) inserted (6.4.2017) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 16 para. 24; S.R. 2017/44, art. 2(2) (with arts. 3, 4)

F15 S. 5(2)(aa) inserted (3.5.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 22; S.R. 1996/180, art. 2(a)

F16 S. 5(2)(ab) inserted (2.12.2002 for certain purposes, 7.4.2003 in so far as not already in force) by State Pension Credit Act (Northern Ireland) 2002 (c. 14), ss. 11, 21(2), Sch. 1 Pt. 1 para. 3(a); S.R. 2002/366, art. 2(1)(i); S.R. 2003/211, art. 2(a)

F17 S. 5(2)(ac) inserted (1.7.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), s. 60(1), Sch. 3 para. 4(4); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

F18 S. 5(2)(ad) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 9 para. 8; S.R. 2016/215, art. 2(5)(h)(i)

F19 S. 5(2)(c)(d) repealed (8.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(4)(e), Sch. 2 (with art. 3)

F20 S. 5(2)(fa) inserted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 135(1), 170; S.I. 2008/3137, art. 2

F21 S. 5(2A) repealed (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 104(4); S.R. 2016/215, art. 2(6)(a)

F22 S. 5(2B) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 105; S.R. 2016/215, art. 2(6)(a)

F23 S. 5(3) repealed (2.7.2001 for certain purposes, otherwise

prosp.) by S.I. 1998/1506 (N.I. 10), art. 78(1), Sch. 6 para. 60(2), Sch. 7; S.R. 2001/260, art. 2

F24 S. 5(4A) inserted (8.12.2002) by The Employment (Northern Ireland) Order 2002 (S.I. 2002/2836), arts. 1(2)(3), 17(1), Sch. 2 para. 2(1) (with art. 16); S.R. 2002/356, art. 2(2), Sch. 1 Pt. II

F25 Words in s. 5(4A)(a) substituted (15.3.2015 for specified purposes, 5.4.2015 in so far as not already in force) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 3(2); S.R. 2015/86, arts. 3(2)(i), 4(2)(h), 5 (with art. 7(2))

F26 Words in s. 5(4A) substituted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), ss. 4, 5(5)(6), Sch. Pt. 1 para. 10; S.R. 2022/136, arts. 2, 3

F27 S. 5(5) inserted (retrospectively) by S.I. 1995/2597 (N.I. 20), art. 3(1)(2)

F28 Words in s. 5(5) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 5(b); S.R. 2016/215, art. 2(2)(aa)(c)(v)

Modifications etc. (not altering text)

C1 S. 5 extended by S.I. 1991/2628 (N.I. 23), art. 40 (as substituted 22.11.2000 for specified purposes, otherwise prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 20, 68(1)(2) (with s. 66(6)); S.R. 2000/358, art. 2(b), Sch. Pt. II

C2 S. 5 applied (1.6.2018) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 5(7), 61(2); S.R. 2018/99, art. 2(a)

C3 S. 5(1) modified (1.7.1998) by S.I. 1998/1506 (N.I. 10), arts. 1(3)(c)(d), 77, Sch. 5 para. 5

C4 S. 5(1) modified (1.7.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 5(2), 60(1); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1