PART IIDECISIONS AND APPEALS

C1C2C3C4C5C6C7C8C9C10C11C12 CHAPTER IISOCIAL SECURITY DECISIONS AND APPEALS

Annotations:
Modifications etc. (not altering text)
C1

Pt. 2 Ch. 2 (arts. 9-39) applied (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 18(2), 60(1); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

C2

Pt. 2 Ch. 2 (arts. 9-39) modified (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 135(8), 170(3); S.I. 2008/3137, art. 2

C3

Pt. 2 Ch. 2 (arts. 9-39) modified by 1992 c. 7, Sch. 4C para. 4 (as inserted (prosp.) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 81(5), 118(1), Sch. 2)

C6

Pt. 2 Ch. 2 power to apply (with modifications) conferred (14.11.2016 for the purposes of the trial, 21.4.2017 in so far as not already in operation) by Childcare Payments Act 2014 (c. 28), ss. 59(4)(b), 75(2); S.I. 2016/1083, reg. 2(g); S.I. 2017/578, reg. 3(e)

C8

Pt. 2 Ch. 2 modified (coming into operation in accordance with art. 1 of the amending Order) by The Social Security (Ireland) Order (Northern Ireland) 2019 (S.R. 2019/77), arts. 1, 2; 2020 c. 1, Sch. 5 para. 1(1)

C12

Pt. 2 Ch. 2 modified (coming into operation in accordance with art. 1(3) of the amending Order) by The Social Security (Gibraltar) Order (Northern Ireland) 2024 (S.R. 2024/21), arts. 1(3), 2(2)(d)

Industrial accidents

Decision that accident is an industrial accident29 F1

F21

Where, in connection with any claim for industrial injuries benefit, it is decided that the relevant accident was or was not an industrial accident—

a

an express declaration of that fact shall be made and recorded; and

b

subject to paragraph (3), a claimant shall be entitled to have the issue whether the relevant accident was an industrial accident decided notwithstanding that his claim is disallowed on other grounds.

F32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The Department, an appeal tribunal or a Commissioner (as the case may be) may refuse to decide the issue whether an accident was an industrial accident if satisfied that it is unlikely to be necessary to decide the issue for the purposes of any claim for benefit; and this Chapter shall apply as if any such refusal were a decision on the issue.

4

Subject to Articles 10 to 15 and to section 22 of the Administration Act, any declaration under this Article that an accident was or was not an industrial accident shall be conclusive for the purposes of any claim for industrial injuries benefit in respect of that accident.

5

Where paragraph (4) applies—

a

in relation to a death occurring before 11th April 1988; or

b

for the purposes of section 60(2) of the Contributions and Benefits Act,

it shall have effect as if at the end there were added the words “whether or not the claimant is the person at whose instance the declaration was made”.

6

For the purposes of this Article (but subject to Article 30), an accident whereby a person suffers personal injury shall be deemed, in relation to him, to be an industrial accident if—

a

it arises out of and in the course of his employment;

b

that employment is employed earner's employment for the purposes of Part V of the Contributions and Benefits Act; and

c

payment of benefit is not under section 94(5) of that Act precluded because the accident happened while he was outside Northern Ireland.

7

A decision under this Article shall be final except that Articles 10 and 11 apply to a decision under this Article that an accident was or was not an industrial accident as they apply to a decision under Article 9 if, but only if, the Department is satisfied that the decision under this Article was given in consequence of any wilful non-disclosure or misrepresentation of a material fact.