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- Point in Time (28/09/2016)
- Original (As made)
Version Superseded: 27/09/2017
Point in time view as at 28/09/2016.
The Social Security (Northern Ireland) Order 1998, SCHEDULE 3 is up to date with all changes known to be in force on or before 14 August 2024. 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.
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Article 13(1).
1. In such cases or circumstances as may be prescribed, a decision whether a person is entitled to a relevant benefit for which no claim is required.N.I.
2. If so, a decision as to the amount to which he is entitled.N.I.
3. A decision whether a relevant benefit (or a component of a relevant benefit) to which a person is entitled is not payable by reason of—N.I.
(a)any provision of the Contributions and Benefits Act by which the person is disqualified for receiving benefit;
(b)regulations made under section 72(8) of that Act (disability living allowance);
(c)regulations made under section 113(2) of that Act (suspension of payment); or
[F1(ca)regulations made under Article [F210 or] 19A of the Jobseekers Order;]
(d)Article 21 [F3or 22C] of the Jobseekers Order (jobseeker's allowance). F4
(e)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(f)section [F75B,] 6, 7 or 8 of the Social Security Fraud Act (Northern Ireland) 2001.][F8;F9...
(g)section 18 of the Welfare Reform Act (Northern Ireland) 2007.]
[F10(h)regulations made under Article 90(1) or 91(1) of the Welfare Reform (Northern Ireland) Order 2015;
(i)Article 92 of that Order.]
F1Sch. 3 para. 3(ca) inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 1(4), 36(1)(a)
F2Words in Sch. 3 para. 3(ca) inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 27(4), 36(1)(j)
F3Words in Sch. 3 para. 3(d) inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 20(4), 36(1)(f)
F4Sch. 3 para. 3(d): words "; or" added (prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 57, 68(2) and word "or" subsequently repealed (1.5.2002) by Social Security Fraud Act (Northern Ireland) 2001 (c. 17), ss. 16, 17(1), Sch.; S.R. 2002/165, art. 2(d)
F5Sch. 3 para. 3(e) added (prosp.) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 57, 68(2) and subsequently repealed (23.9.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 34(1), 36(2), Sch. 4 Pt. 3; S.R. 2010/327, art. 2(2)(c)(d)
F7Words in Sch. 3 para. 3(f) inserted (13.8.2010) by Welfare Reform Act (Northern Ireland) 2010 (c. 13), ss. 19(2)(b), 36(1)(e), Sch. 3 para. 8
F8Sch. 3 para. 3(g) and preceding words added (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 10(9); S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2
F9Word in Sch. 3 para. 3(f) repealed (20.6.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 9 para. 41(a); S.R. 2016/215, art. 3(2)
4. Except in such cases or circumstances as may be prescribed, a decisionwhether the whole or part of a benefit to which a person is entitled is, by virtue of regulations, to be paid to a person other than him.N.I.
5. A decision whether payment is recoverable under section 69 or 69Aof the Administration Act.N.I.
6. If so, a decision as to the amount of payment recoverable.N.I.
[F116A. A decision as to whether payment of housing credit (within the meaning of the State Pension Credit Act (Northern Ireland) 2002) is recoverable under section 69ZB of the Administration Act.]N.I.
F11Sch. 3 paras. 6A, 6B inserted (4.4.2016 for specified purposes, 2.5.2016 for specified purposes, 22.6.2016 otherwise except in relation to universal credit) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 109(7); S.R. 2016/46, art. 4(a); S.R. 2016/215, arts. 2(6)(b), 3(3)
[F116B. A decision as to the amount of payment recoverable under section 69ZB, 69ZG or 69ZH of the Administration Act.]N.I.
F11Sch. 3 paras. 6A, 6B inserted (4.4.2016 for specified purposes, 2.5.2016 for specified purposes, 22.6.2016 otherwise except in relation to universal credit) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 109(7); S.R. 2016/46, art. 4(a); S.R. 2016/215, arts. 2(6)(b), 3(3)
F12Sch. 3 paras. 6C, 6D and cross-heading 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. 33
6C A decision that a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 is not payable by reason of section 19 of that Act (prisoners).N.I.
6D A decision that a person is not entitled to increases in the rate of a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 by reason of regulations under section 20 of that Act (overseas residents).]N.I.
7. A decision whether an accident was an industrial accident for the purposes of industrial injuries benefit.N.I.
8. A decision in relation to a jobseeker's agreement as proposed to be made under Article 11 of the Jobseekers Order, or as proposed to be varied under Article 12 of that Order.N.I.
8A. A decision whether to specify a period as an assessed income period under section 6 of the State Pension Credit Act (Northern Ireland) 2002.N.I.
8B. If so, a decision as to the period to be so specified.N.I.
8C. A decision whether an assessed income period comes to an end by virtue of section 9(4) or (5) of that Act.N.I.
8D. If so, a decision as to when the assessed income period so ends.]N.I.
9. Such other decisions relating to a relevant benefit as may be prescribed.N.I.
Para. 10 rep. by SI 1999/671
Para. 11 rep. by SI 1999/671
Para. 12 rep. by SI 1999/671
Para. 13 rep. by SI 1999/671
Para. 14 rep. by SI 1999/671
Para. 15 rep. by SI 1999/671
16. A decision whether a person was (within the meaning of regulations) precluded from regular employment by responsibilities at home.N.I.
17. A decision whether a person is entitled to be credited with earnings or contributions in accordance with regulations made under section 22(5) [F14or 5ZA] of the Contributions and Benefits Act.N.I.
F14Words in Sch. 3 para. 17 inserted (28.9.2016) by The Pensions (2015 Act) (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/353), arts. 1(a), 3
Para. 18 rep. by SI 1999/671
Para. 19 rep. by SI 1999/671
Para. 20 rep by SI 1999/671
Para. 22 rep. by SI 1999/671
Para. 23 rep. by SI 1999/671
Para. 24 rep. by SI 1999/671
Para. 25 rep. by SI 1999/671
Para. 26 rep. by SI 1999/671
Para. 27 rep. by SI 1999/671
Para. 28 rep. by SI 1999/671
Para. 29 rep. by SI 1999/671
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