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The Social Security (Northern Ireland) Order 1998

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Changes over time for: Section 9

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Version Superseded: 28/11/2016

Status:

Point in time view as at 20/06/2016. This version of this provision has been superseded. Help about Status

Changes to legislation:

The Social Security (Northern Ireland) Order 1998, Section 9 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Decisions by the DepartmentN.I.

F1F2F39.—(1) Subject to the provisions of this Chapter, it shall be for the Department—

(a)to decide any claim for a relevant benefit;

(b)to decide any claim for a social fund payment mentioned in section 134(1)(b) of the Contributions and Benefits Act;[F4 and]

(c)subject to paragraph (5), to make any decision that falls to be made under any relevant statutory provision;F4. . .

Sub‐para. (d) rep. by SI 1999/671

(2) Where at any time a claim for a relevant benefit is decided by the Department—

(a)the claim shall not be regarded as subsisting after that time; and

(b)accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.

(3) F5In this Chapter “relevant benefit”,. . . , means any of the following, namely—

(a)benefit under Parts II to V of the Contributions and Benefits Act;

[F6(aa)universal credit;]

[F7(ab)state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;]

(b)a jobseeker's allowance;

[F8(ba)an employment and support allowance;]

[F9(baa)personal independence payment;]

[F10(bb)state pension credit;]

(c)income support;

Sub‐paras. (d) and (e) rep. by 2002 c. 21

(f)a social fund payment mentioned in section 134(1)(a) or (2) of the Contributions and Benefits Act;

(g)child benefit;

(h)such other benefit as may be prescribed.

(4) In this Article “relevant statutory provision” means any statutory provision contained in this Chapter, the Contributions and Benefits Act, the Administration Act, the [1992 c. 9.] Social Security (Consequential Provisions) (Northern Ireland) Act 1992[F11, the Jobseekers Order [F12, the State Pension Credit Act (Northern Ireland) 2002 [F13, Part 1 of the Welfare Reform Act (Northern Ireland) 2007 or Part 2 of the Welfare Reform (Northern Ireland) Order 2015] [F14or Part 5 of that Order] .]], [F15or Part 1 of the Pensions Act (Northern Ireland) 2015] other than one contained in—

(a)Part VII of the Contributions and Benefits Act so far as relating to housing benefit;

(b)Part VIII of the Administration Act (arrangements for housing benefit).

[F4(5) Paragraph (1)(c) does not include any decision which under Article 7 of the Social Security Contributions (Transfer of Functions, etc.)(Northern Ireland) Order 1999 falls to be made by an officer of the Inland Revenue.]

F1functions transf. by 1999 c. 10

F2mod. by SR 1999/349, 350

F3prosp. in pt. certain functions transf. by 2002 c. 21

F4SI 1999/671

F7Art. 9(3)(ab) 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. 29(a)

F8Art. 9(3)(ba) inserted (1.7.2008 for certain purposes, otherwise 27.7.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 10(3)(a); S.R. 2008/276, art. 2(2)(a)

F9Art. 9(3)(baa) inserted (2.5.2016 for specified purposes, 20.6.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 9 para. 37(a); S.R. 2016/215, arts. 2(5)(h)(iv), 3(2)

F12Words in art. 9(4) substituted (1.7.2008 for certain purposes, otherwise 27.7.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 10(3)(b); S.R. 2008/276, art. 2(2)(a)

F14Words in art. 9(4) inserted (2.5.2016 for specified purposes, 20.6.2016 in so far as not already in operation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 9 para. 37(b); S.R. 2016/215, arts. 2(5)(h)(iv), 3(2)

F15Words in art. 9(4) 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. 29(b)

Modifications etc. (not altering text)

C1Art. 9 applied (10.4.2006) by S.I. 2006/1034, reg. 2

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