The Social Security Administration (Fraud) (Northern Ireland) Order 1997

SCHEDULES

Article 19(1).

SCHEDULE 1 AMENDMENTS OF THE ADMINISTRATION ACT

1.  In section 52(2)(b) (power of adjudication officer to refer for medical examination a person who has applied for a review), for the words “who has applied” onwards substitute “in respect of whom an application for a review under section 28 or 33 above has been made or is treated as having been made,”.

2.  In section 73(1) (recovery of overpayments of housing benefit), after “housing benefit” insert “determined in accordance with regulations to have been”.

3.—(1) Section 106 (offence of making false representation etc. for obtaining benefit or for any other purpose connected with social security legislation) is amended as follows.

(2) In subsection (1), for the words “legislation to which section 104 above applies” substitute “social security legislation”.

(3) In subsection (2), for “subsection (1) above” substitute “this section”.

(4) After that subsection add—

“(3) In this section “the social security legislation” means the legislation to which section 104 above applies and the Jobseekers (Northern Ireland) Order 1995.”.

4.  In section 110 (legal proceedings), after subsection (2) insert—

“(2A) Subsection (2) above shall not be taken to impose any restriction on the time when proceedings may be begun for an offence under section 105A above.”.

5.  In section 144 (destination of repayments etc.), after subsection (7) add—

“(8) All penalties recovered under section 109A above shall be paid into the Consolidated Fund.”.

6.  After section 158B insert—

“National insurance numbers

Requirement to requiring a apply for national insurance number.

158C.— (1) Regulations may make provision person to apply for a national insurance number to be allocated to him.

(2) An application required by regulations under subsection (1) above shall be accompanied by information or evidence enabling such a number to be allocated.”.

7.  In section 167 (interpretation) for the definition of “the Department” substitute

• ““the Department” means the Department of Health and Social Services for Northern Ireland but in sections—

  (a)

  109A;

  (b)

  116;

  (c)

  116B to 116D; and

  (d)

  144(8),

  also includes the Department of the Environment;”.

Article 19(2).

SCHEDULE 2 REPEALS

Chapter or Number	Short title	Extent of repeal
1992 c. 7.	The Social Security Contributions and Benefits (Northern Ireland) Act 1992.	In Schedule 1, paragraph 8(1)(p).
1992 c. 8.	The Social Security Administration (Northern Ireland) Act 1992.	In section 73(1), the words “in such manner as may be prescribed”.
		In section 117(8)(h), the word “and”.
		Section 120.
1995 NI 15.	The Jobseekers (Northern Ireland) Order 1995.	Article 35(1) and (4).
		In Schedule 2, paragraph 43.
1996 NI 11.	The Deregulation and Contracting Out (Northern Ireland) Order 1996.	In Schedule 5, paragraph 5.
1997 c.	The Social Security Administration (Fraud) Act 1997.	In Schedule 1, paragraph 14(3).