The Social Security(Northern Ireland) Order 1989

Explanatory Note

(This note is not part of the Order)

This Order is made only for purposes corresponding to those of the Social Security Act 1989.

Article 3 makes amendments relating to primary Class 1 contributions. Primary contributions will consist of an initial primary percentage of 2 per cent. of the current lower earnings limit and a main primary percentage of 9 per cent. of earnings that exceed the lower earnings limit up to the upper earnings limit. Article 4 enables provision to be made in regulations for the refund of contributions where earnings become repayable and Article 5 abolishes the Consolidated Fund supplement to contributions. Article 6 revises the provisions relating to earnings factors and enables the Department of Health and Social Services to assess the level of earnings where such information is not available. Article 7 extends a parent’s liability for income support purposes in certain circumstances to maintain his or her child up to the age of 19.

Article 8 provides that women widowed before 11th April 1988 shall have their entitlement to widow’s benefit determined under the legislation in force before that date.

Article 9 and Schedule 1 abolish the retirement pensions earnings rule together with the related retirement condition. Article 10 extends from 75 to 80 the upper age limit for entitlement to a mobility allowance.

Article 11 provides for unemployment benefit to be abated on account of payments by way of personal pension and that earnings will include payments by way of personal pension in relation to the earnings rules for dependency increases paid with benefits under the Social Security (Northern Ireland) Act 1975.

Article 12 makes it a requirement for entitlement to unemployment benefit that the person must be actively seeking work and Article 13 amends provisions relating to requalification for unemployment benefit. Article 14 amends the provisions under which an unemployed person must have good cause for refusing an opportunity of employment. Article 15 amends the conditions for entitlement to income support to provide that a person must be actively seeking work.

Article 16 amends provisions relating to housing benefit to provide for rebates to be in the form of a payment or a reduction in a person’s liability for rent or rates, or by way of both. Article 17 amends certain conditions under which the Department of Health and Social Services will pay housing benefit grant to the housing Executive. Article 18 makes arrangements for the payment of the expenses of the Department of Health and Social Services and the Department of the Environment in making transitional payments relating to income support and housing benefit.

Article 19 enables the Department of Health and Social Services to make corresponding orders for Northern Ireland where orders are made in Great Britain to rectify mistakes in up-rating orders. Article 20 provides for the automatic up-rating of awards of income support.

Article 21 and Schedule 2 make it an offence for a person employed in social security administration or adjudication to disclose without lawful authority certain information obtained in the course of his employment and Article 22 extends the power of the Inland Revenue to disclose for social security purposes information obtained or held by them. Article 23 and Schedule 3 contain amendments relating to matters of adjudication.

Article 24 and Schedule 4 provide for the recovery by the Department of Health and Social Services from a compensation payment of an amount equivalent to the gross social security benefits received by a person in consequence of an accident, injury or disease for which compensation has been paid.

Article 25 and Schedule 5 implement the principle of equal treatment for men and women in occupational social security schemes and Article 26 and Schedule 6 contain amendments to occupational and personal pension provisions. Articles 27 to 31 contain general and supplementary provisions.