The Social Security (Northern Ireland) Order 1989

Introductory N.I.

Title, citation and commencement N.I.

1.—(1) This Order may be cited as the Social Security (Northern Ireland) Order 1989; and this Order may be cited together with the Social Security (Northern Ireland) Acts 1975 to 1988 as the Social Security (Northern Ireland) Acts 1975 to 1989.

(2) Subject to paragraph (3), this Order shall come into operation on such day or days as the Head of the Department may by order appoint.

(3) The following provisions of this Order shall come into operation on the twenty‐first day after the day on which this Order is made—

(a) this Article and Article 2;

(b) Articles 4 to 6, 8, 16 to 22, 29, 30 and 31(3), subject in the case of Article 21 to paragraph (11) of that Article;

(c) Schedule 2;

(d) paragraphs 1, 12 and 13 of Schedule 3 (and Article 23 so far as relating to those paragraphs);

(e) paragraphs 2 to 4, 9 and 14 to 18 of Schedule 6 (and Article 26 so far as relating to those paragraphs);

(f) paragraphs 1 to 7 and 12 of Schedule 7 (and Article 27 so far as relating to those paragraphs);

(g) paragraphs 1, 4 to 6, 8 to 12, 16 and 17 of Schedule 8 (and Article 31 so far as relating to those paragraphs);

(h) the repeals in Schedule 9 to the extent that they are consequential on any provision specified in sub‐paragraphs (a) to (g) (and Article 31 so far as relating to those repeals).

Subordinate Legislation Made

P1 Art. 1(2) partly exercised: 25.8.1989 appointed by S.R. 1989/353, art. 2;

31.1.1990 by S.R. 1990/35, art. 2

16.3.1990 by S.R. 1990/113, art. 2

22.6.1994 by S.R. 1994/234, art. 2

23.8.2007 by {S.R. 2007/362}, art. 2

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954F1 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• “Commissioner” has the same meaning as it has in the principal Act;

• “the Department” means the Department of Health and Social Services;

• Definitions rep. by 1992 c.9

• “the 1986 Order” means the Social Security (Northern Ireland) Order 1986F2 ;

• “the Pensions Order” means the Social Security Pensions (Northern Ireland) Order 1975F3 ;

• “prescribed” means prescribed by regulations;

• “the principal Act” means the Social Security (Northern Ireland) Act 1975F4 ;

• “regulations” means regulations made by the Department;

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

(3) In this Order references to Northern Ireland include references to the territorial waters of the United Kingdom adjacent to Northern Ireland.

F1 1954 c. 33 (NI)

F2 1986 NI 18

F3 1975 NI 15

F4 1975 c. 15

Contributions N.I.

Arts.3 — 5 rep. by 1992 c.9

Earnings factors N.I.

6.  Paras.(1)‐(4) rep. by 1992 c.9

(5) The Earnings Factor Regulations, as in operation for the purpose of determining earnings factors for the tax years beginning with 6th April 1985 and 6th April 1986, shall have effect, and be taken always to have had effect, with the substitution in paragraph 3 of Schedule 1 (which, as amended by regulation 2(3) of the Amending Regulations, provided in certain cases for the aggregation of separate contributions) for the words from “where the values” to “those sums” of the words—

“where, in the case of any two or more separate sums—

(a) the values to be accorded to F (apart from this paragraph) would fall to be ascertained under the same head of paragraph 2(e) above, and

(b) the values to be so accorded to G would fall to be ascertained under the same head of paragraph 2(f) above,

those sums” .

(6) In paragraph (5)—

• “the Earnings Factor Regulations” means the Social Security (Earnings Factor) Regulations (Northern Ireland) 1979F5 ; and

• “the Amending Regulations” means the Social Security (Earnings Factor) (Amendment) Regulations (Northern Ireland) 1985F6 .

(7) The amendment by paragraph (5) of a provision contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending that provision, whether in relation to the tax years there mentioned or otherwise.

(8) The Social Security (Earnings Factor) (Amendment) Regulations (Northern Ireland) 1988F7 shall have effect, and be deemed always to have had effect, as if the amendment made by paragraph (3) had come into operation before the making of those regulations.

F5 SR 1979 No. 193

F6 SR 1985 No. 263

F7 SR 1988 No. 73

Art. 7 rep. by 1992 c.9

Benefits under the principal Act N.I.

Benefits for women widowed before 11th April 1988 N.I.

8.  Para. (1) rep. by 1992 c.9

F8 (2) The Social Security (Widow's Benefit and Retirement Pensions) (Amendment) Regulations (Northern Ireland) 1987F9 shall have effect, and be taken always to have had effect, with the addition at the end of regulation 3 (transitional provision for widowed mother's allowance where husband died before 11th April 1988) of the following paragraphs—

“(3) In determining whether a widow—

(a) whose late husband died on or after 7th October 1987 and before 11th April 1988, and

(b) who became entitled to a widow's allowance on his death,

is also entitled, after the cessation of that allowance, to a widowed mother's allowance for any period beginning on or after 11th April 1988, regulation 16(1) of the principal regulations shall apply as if regulation 2(6) above had not been made.

(4) In determining whether a widow—

(a) whose late husband died before 11th April 1988,

(b) who immediately before that date was entitled to a widowed mother's allowance otherwise than by virtue of regulation 16(1) of the principal regulations, and

(c) who would, apart from this paragraph, cease to be entitled to that allowance on or after that date,

is entitled to such an allowance for any period beginning on or after that date, that regulation shall apply as if regulation 2(6) above had not been made.” .

(3) The Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland) 1989F10 shall have effect, and be taken always to have had effect, with the insertion after regulation 3 (which made amendments concerning widowed mother's allowance to regulation 4B of the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977F11 of the following regulation—

“3A.   The amendment made by regulation 3(a) above shall not have effect in relation to a widow whose late husband died before 11th April 1988.”.

(4) In any case where—

(a) a claim for a widow's pension or a widowed mother's allowance is made, or treated as made, before the commencement of this Article, and

(b) the Department has made a payment to or for the claimant on the ground that, if the claim had been received immediately after the commencement of this Article, she would have been entitled to that pension or allowance, or entitled to it at a higher rate, for the period in respect of which the payment is made,

the payment so made shall be treated as a payment of that pension or allowance; and, if and to the extent that an award of the pension or allowance, or an award at a higher rate, is made for the period in respect of which the payment was made, the payment shall be treated as made in accordance with that award.

(5) Where, apart from section 154A of the principal Act (making of claim a condition of entitlement), a widow falling within paragraph (1) would be entitled to a widow's pension for any period beginning on or after 11th April 1988, then, notwithstanding anything in that section, she shall be entitled to that pension for that period if she has made a claim for it before the end of the period of twelve months beginning with the commencement of this Article.

(6) Where a widow's late husband died on or after 7th October 1987 and before 11th April 1988 and, apart from section 154A of the principal Act, she would have become entitled to a widow's allowance on his death, then if either—

(a) she was over the age of 40 but under the age of 55 at the time of his death, or

(b) she would, apart from that section, have been entitled to a widowed mother's allowance on the cessation of her entitlement to the widow's allowance,

she shall, notwithstanding anything in that section, be entitled to the widow's allowance (and, accordingly, in a case falling within sub‐paragraph (b), to the widowed mother's allowance) if she has made a claim, or is treated as having made a claim, for it before the end of the period of twelve months beginning with the commencement of this Article.

(7) Where in consequence of any of the amending provisions an adjudicating authority has decided before the commencement of this Article that a widow whose husband died before 11th April 1988 either—

(a) is not entitled to a benefit under section 25 or 26 of the principal Act, or

(b) is entitled to such a benefit at a particular rate,

an adjudication officer may review that decision, notwithstanding anything in[F12 section 23 of the Social Security Administration (Northern Ireland) Act 1992].

(8) In any case where—

(a) it is determined on such a review that the widow in question was entitled to a benefit under section 25 or 26 of the principal Act, or was entitled to such a benefit at a higher rate, and

(b) the application for the review was made before the end of the period of twelve months beginning with the commencement of this Article,

the decision on the review may take effect on 11th April 1988 or any later date, notwithstanding any statutory provision restricting the payment of any benefit or increase of benefit to which a person would otherwise be entitled by reason of a review in respect of any period before the review.

(9) [F12 Section 26 of the Social Security Administration (Northern Ireland) Act 1992 (appeals from reviews)] shall apply in relation to a review under this Article as it applies in relation to a review under[F12 section 23 of that Act].

(10) In this Article—

“adjudicating authority” means—

(a) an adjudication officer;

(b) a social security appeal tribunal;

(c) a Commissioner; and

“the amending provisions” are—

(a) Article 37(3) of the 1986 Order; and

(b) regulation 2(6) of the Social Security (Widow's Benefit and Retirement Pensions) (Amendment) Regulations (Northern Ireland) 1987F13 (deemed entitlement to child allowance for purposes of widowed mother's allowance, etc.).

(11) The amendment by this Article of provisions contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending those provisions.

(12) Nothing in this Article shall be taken to prejudice section 28 or 29 of the Interpretation Act (Northern Ireland) 1954F14 (effect of repeals, substitutions, etc.).

F8 prosp.rep. by 1990 NI 15

F9 SR 1987 No. 404

F10 SR 1989 No. 103

F11 SR 1977 No. 74

F12 1992 c. 9

F13 SR 1987 No. 404

F14 1954 c. 33 (NI)

Abolition of earnings rule etc. N.I.

9.  Paras.(1)‐(5) rep. by 1992 c.9

(6) The statutory provisions mentioned in Schedule 1 shall have effect with the amendments there specified.

Art. 10 rep. by 1991 NI 17

Arts. 11‐21 rep. by 1992 c.9

Art. 22 rep. by 1993 c.49

Art. 23 rep. by 1992 c.9

Recovery from damages, etc., of sums equivalent to benefit N.I.

Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases N.I.

24.  Paras.(1)‐(6) rep. by 1992 c.9

(7) Schedule 4 shall have effect for the purpose of supplementing the provisions of this Article; and this Article shall have effect subject to the provisions of that Schedule.

Para.(8) rep. by 1992 c.9

Occupational and personal pensions, etc. N.I.

Equal treatment for men and women N.I.

25.  Schedule 5 shall have effect for the purpose of implementing the directive of the Council of the European Communities, dated 24th July 1986, relating to the principle of equal treatment for men and women in occupational social security schemes, and of making additional, supplemental and consequential provision.

Miscellaneous amendments relating to pensions N.I.

26.  The statutory provisions mentioned in Schedule 6 (which relate to occupational and personal pensions) shall have effect with the amendments there specified.

General and supplementary provisions N.I.

Art. 27 rep. by 1993 c.49

Art. 28 rep. by 1992 c.9

Financial provisions N.I.

29.—(1) There shall be paid out of the National Insurance Fund into the Consolidated Fund, at such times and in such manner as the Department of Finance and Personnel may direct, such sums as the Department may estimate (in accordance with any directions given by the Department of Finance and Personnel) to be the amount of the administrative expenses incurred by the Department under ArticlesF15 . . . 8, 9F15 . . . excluding any category of expenses or payments which the Department of Finance and Personnel may direct, or any statutory provision may require, to be excluded from the Department's estimates under this paragraph.

Paras. (2)(3) rep. by 1992 c.9

(5) In this Article “the National Insurance Fund” means the Northern Ireland National Insurance Fund.

F15 1992 c. 9

Regulations and orders: general provisions N.I.

30.—(1) Subject to the following provisions of this Article, [F16 section 171(2) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992] shall apply in relation to any power conferred by any provision of this Order to make regulations or an order as they apply in relation to any power conferred by that Act to make regulations or an order, but as if for references to that Act there were substituted references to this Order.

Para.(2) rep. by 1992 c.9

[F17 (3) Regulations and orders made under this Order, other thanF18 . . . orders under Article 1(2), shall be subject to negative resolution.]

• Para.(4) rep. by 1990 NI 15

• Para.(5) rep. by 1992 c.9

(6) A power conferred by this Order 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 the Department of Finance and Personnel so directs, be exercisable only in conjunction with it.

Para.(7) rep. by 1995 NI 22

F16 1992 c. 9

F17 1990 NI 15

F18 1992 c. 9

Minor and consequential amendments, repeals and transitional provisions N.I.

31.—(1) The statutory provisions mentioned in Schedule 8 shall have effect with the amendments there specified (being minor amendments and amendments consequential on provisions of this Order).

(2) The statutory provisions mentioned in Schedule 9 (which include some that are spent or of no further practical utility) are repealed to the extent specified in the third column of that Schedule.

(3) The Department may by regulations make—

(a) such transitional provision,

(b) such consequential provision, or

(c) such savings,

as it considers necessary or expedient in preparation for or in connection with the coming into operation of any provision of this Order or the operation of any statutory provision repealed or amended by a provision of this Order during any period when the repeal or amendment is not wholly in operation.