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The Social Security (Northern Ireland) Order 1998

Changes to legislation:

The Social Security (Northern Ireland) Order 1998 is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II DECISIONS AND APPEALS

    1. CHAPTER I GENERAL

      1. Decisions

        1. 3.Transfer of functions to the Department

        2. 4.Use of computers

      2. Appeals

        1. 5.Unified appeal tribunals

        2. 6.President of appeal tribunals

        3. 7.Panel for appointment to appeal tribunals

        4. 8.Constitution of appeal tribunals

    2. CHAPTER II SOCIAL SECURITY DECISIONS AND APPEALS

      1. Decisions

        1. 9.Decisions by the Department

        2. 10.Revision of decisions

        3. 11.Decisions superseding earlier decisions

      2. References of issues by the Department to Inland Revenue

        1. 11A.Reference of issues by the Department to Inland Revenue

        2. 12.Regulations with respect to decisions

      3. Appeals

        1. 13.Appeal to appeal tribunal

        2. 14.Redetermination, etc. of appeals by tribunal

        3. 15.Appeal from tribunal to Commissioner

      4. Procedure, etc.

        1. 16.Procedure

        2. 17.Finality of decisions

        3. 18.Matters arising as respects decisions

      5. Medical examinations

        1. 19.Medical examination required by the Department

        2. 20.Medical examination required by appeal tribunal

      6. Suspension and termination of benefit

        1. 21.Suspension in prescribed circumstances

        2. 22.Suspension and termination for failure to furnish information, etc.

        3. 23.Termination in cases of failure to furnish information

        4. 24.Suspension and termination for failure to submit to medical examination

      7. Appeals dependent on issues falling to be decided by Inland Revenue

        1. 24A.Appeals dependent on issues falling to be decided by Inland Revenue

      8. Decisions and appeals dependent on other cases

        1. 25.Decisions involving issues that arise on appeal in other cases

        2. 26.Appeals involving issues that arise on appeal in other cases

      9. Cases of error

        1. 27.Restrictions on entitlement to benefit in certain cases of error

        2. 28.Correction of errors and setting aside of decisions

      10. Industrial accidents

        1. 29.Decision that accident is an industrial accident

        2. 30.Effect of decision

      11. Other special cases

        1. 31.Incapacity for work

        2. 32.Industrial diseases

        3. 33.Christmas bonus

      12. Housing benefit

        1. 34.Determination of claims and reviews

        2. Art. 35 rep. by 2000 c. 4 (NI)

      13. Social fund payments

        1. 36.Appropriate officers

        2. 37.The social fund Commissioner and inspectors

        3. 38.Reviews of determinations

      14. Supplemental

        1. 39.Interpretation, etc. of Chapter II

    3. CHAPTER III CHILD SUPPORT DECISIONS AND APPEALS

      1. 40.Child support: revision of decisions

      2. 41.Child support: decisions superseding earlier decisions

      3. 42.Child support: appeals to appeal tribunals

      4. 43.Child support: decisions and appeals dependent on other cases

      5. 44.Child support: cases of error

  4. PART III CONTRIBUTIONS

    1. Amendments of the Contributions and Benefits Act

      1. 45.Apportionment of payments, etc. made for more than one earner

      2. 46.Payments on account of directors' contributions

      3. 47.Payments treated as remuneration and earnings

      4. Art. 48 rep. by 1999 c. 30

      5. Art. 49 rep. by 2000 c. 19

      6. 50.Class 1B contributions

      7. 51.Contributions paid in error

      8. 52.Recovery of primary Class 1 contributions by secondary contributors

      9. 53.Contributions returns

      10. 54.Collection of contributions by the Department

      11. Art. 55 rep. by SI 1999/671

    2. Amendments of the Administration Act

      1. 56.Breach of regulations

      2. 57.Offences and penalties relating to contributions

      3. 58.Evidence of non-payment

      4. Art. 59 rep. by 2004 c.3

      5. 60.Liability of directors, etc. for company's contributions

      6. 61.Class 1B contributions: supplemental

      7. 62.Payments of certain contributions out of the Consolidated Fund

  5. PART IV BENEFITS

    1. Amendments, etc. of the Contributions and Benefits Act

      1. 63.Daily rate of maternity allowance

      2. 64.Rates of short-term incapacity benefit

      3. 65.Validation of certain housing benefit determinations

      4. 66.Discretionary payments out of the social fund

      5. 67.Budgeting loans: criteria for making awards

      6. 68.Power to reduce child benefit for lone parents

      7. 69.Statutory sick pay not precluded by maternity allowance

    2. Amendments of the Administration Act

      1. 70.Provision of information

      2. 71.Overpayments out of the social fund

      3. 72.Power to anticipate pensions up-rating order

  6. PART V MISCELLANEOUS AND SUPPLEMENTAL

    1. 73.Pilot schemes

    2. 74.Regulations and orders

    3. 75.Assembly, etc. control of regulations

    4. 76.Reports by the Department

    5. 77.Transitory provisions

    6. Article 78—Amendments and repeals

  7. SCHEDULES

    1. SCHEDULE 1

      APPEAL TRIBUNALS: SUPPLEMENTARY PROVISIONS

      1. Tenure of office (1) Subject to the following provisions of this paragraph, the...

        1. Tenure of office

          1. 1.(1) Subject to the following provisions of this paragraph, the...

        2. Remuneration, etc.

          1. 2.The Department may pay, or make such payments towards the...

          2. 3.The Department may pay, or make such payments towards the...

          3. 3A.Paragraph 2 and 3, so far as relating to pensions...

          4. 4.(1) The Department may pay— (a) to any person required...

          5. 5.(1) Subject to sub-paragraph (2), the Department may pay such...

        3. Officers and staff

          1. 6.The Department may appoint such officers and staff as it...

        4. Functions of President

          1. 7.The President shall ensure that appropriate steps are taken by...

          2. 8.(1) The President shall, after the requisite consultation, arrange such...

          3. 9.The President shall supply the Department with such reports and...

          4. 10.Each year the President shall make to the Department a...

        5. Clerks to appeal tribunals

          1. 11.The Department may by regulations provide— (a) for clerks to...

        6. Delegation of certain functions of appeal tribunals

          1. 12.(1) The Department may by regulations provide—

        7. Certificates

          1. 13.A document bearing a certificate which— (a) is signed by...

    2. SCHEDULE 2

      DECISIONS AGAINST WHICH NO APPEAL LIES

      1. Jobseeker's allowance for persons under 18 In relation to a person who has reached the age...

        1. Jobseeker's allowance for persons under 18

          1. 1.In relation to a person who has reached the age...

        2. Christmas bonus

          1. 2.A decision whether a person is entitled to payment under...

        3. Priority between persons entitled to invalid care allowance , carer support payment and the carer element of universal credit

          1. 3.A decision as to whether a person has a relevant...

        4. Priority between persons entitled to child benefit

          1. 4.A decision as to the exercise of the discretion under...

        5. Persons treated as if present in Northern Ireland

          1. 5.A decision whether to certify, in accordance with regulations made...

        6. Work-focused interviews

          1. 5A.A decision terminating or reducing the amount of a person's...

        7. Alteration of rates of benefit

          1. 6.A decision as to the amount of benefit to which...

        8. Increases in income support or income-based jobseeker's allowance due to attainment of particular ages

          1. 7.A decision as to the amount of benefit to which...

        9. Reduction in accordance with reduced benefit [direction] decision

          1. 8.A decision to reduce the amount of a person's benefit...

        10. Reduction on application of benefit cap

          1. 8A.A decision to apply the benefit cap in accordance with...

        11. Power to prescribe other decisions

          1. 9.Such other decisions as may be prescribed.

    3. SCHEDULE 3

      DECISIONS AGAINST WHICH AN APPEAL LIES

      1. PART I BENEFIT DECISIONS

        1. Entitlement to benefit without a claim

          1. 1.In such cases or circumstances as may be prescribed, a...

          2. 2.If so, a decision as to the amount to which...

        2. Payability of benefit

          1. 3.A decision whether a relevant benefit (or a component of...

        3. Payments to third parties

          1. 4.Except in such cases or circumstances as may be prescribed,...

        4. Recovery of benefits

          1. 5.A decision whether payment is recoverable under section 69 or...

          2. 6.If so, a decision as to the amount of payment...

          3. 6A.A decision as to whether payment of housing credit (within...

          4. 6B.A decision as to the amount of payment recoverable under...

        5. State pension: prisoners and overseas residents

          1. 6C.A decision that a state pension under Part 1 of...

          2. 6D.A decision that a person is not entitled to increases...

        6. Industrial injuries benefit

          1. 7.A decision whether an accident was an industrial accident for...

        7. ...

          1. 8.. . . . . . . . . ....

        8. State pension credit

          1. 8A.A decision whether to specify a period as an assessed...

          2. 8B.If so, a decision as to the period to be...

          3. 8C.A decision whether an assessed income period comes to an...

          4. 8D.If so, a decision as to when the assessed income...

        9. Power to prescribe other decisions

          1. 9.Such other decisions relating to a relevant benefit as may...

      2. PART II CONTRIBUTIONS DECISIONS

        1. Categorisation of earners

          1. Para. 10 rep. by SI 1999/671

          2. Para. 11 rep. by SI 1999/671

        2. Compulsory contributions

          1. Para. 12 rep. by SI 1999/671

          2. Para. 13 rep. by SI 1999/671

        3. Voluntary contributions

          1. Para. 14 rep. by SI 1999/671

          2. Para. 15 rep. by SI 1999/671

      3. Responsibilities at home A decision whether a person was (within the meaning of...

        1. Responsibilities at home

          1. 16.A decision whether a person was (within the meaning of...

        2. Earnings and contributions credits

          1. 17.A decision whether a person is entitled to be credited...

        3. Statutory sick pay

          1. Para. 18 rep. by SI 1999/671

          2. Para. 19 rep. by SI 1999/671

        4. Statutory maternity pay

          1. Para. 20 rep by SI 1999/671

        5. Liability of directors, etc. for company's contributions

          1. Para. 22 rep. by SI 1999/671

        6. Preserved rights to benefit, etc.

          1. Para. 23 rep. by SI 1999/671

        7. Employment of long-term unemployed

          1. Para. 24 rep. by SI 1999/671

        8. Interest and penalties

          1. Para. 25 rep. by SI 1999/671

          2. Para. 26 rep. by SI 1999/671

          3. Para. 27 rep. by SI 1999/671

          4. Para. 28 rep. by SI 1999/671

        9. Power to prescribe other decisions

          1. Para. 29 rep. by SI 1999/671

    4. SCHEDULE 4

      REGULATIONS AS TO PROCEDURE: PROVISION WHICH MAY BE MADE

      1. 1.Provision prescribing the procedure to be followed in connection with—...

      2. 2.Provision as to the striking out or reinstatement of proceedings....

      3. 3.Provision as to the form which is to be used...

      4. 4.Provision as to the time within which, or the manner...

      5. 5.Provision for summoning persons to attend and give evidence or...

      6. 6.Provision with respect to the procedure to be followed on...

      7. 7.Provision for authorising an appeal tribunal consisting of two or...

      8. 8.Provision for empowering an appeal tribunal to give directions for...

      9. 9.Provision for the non-disclosure to a person of the particulars...

    5. SCHEDULE 5

      TRANSITORY PROVISIONS

      1. Constitution of appeal tribunals In relation to any time before the coming into operation...

        1. Constitution of appeal tribunals

          1. 1.In relation to any time before the coming into operation...

        2. Claims no longer subsisting after decisions made

          1. 2.In relation to any time before the coming into operation...

        3. Appeals to tribunals

          1. 3.(1) In relation to appeals brought after the coming into...

        4. Appeals to Commissioners

          1. 4.(1) In relation to any time before the coming into...

        5. Suspension of benefit in prescribed circumstances

          1. 5.(1) In relation to any time before the coming into...

        6. Restrictions on entitlement in certain cases of error

          1. 6.In relation to applications under section 24(1) or 28 of...

        7. Reviews of social fund determinations

          1. 7.In relation to any time before the coming into operation...

        8. Overpayments out of the social fund

          1. 8.In relation to any time before the coming into operation...

        9. Child support: appeals to tribunals

          1. 9.In relation to appeals brought after the coming into operation...

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