The Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996

Transitional provision to suspend benefit and make interim payments

16.—(1) Where the Department has prior to 25th November 1996 directed under regulation 6(1) of the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1978(1) (interim payments) that payment of any benefit shall be suspended and it appears to it that a question arises whether the award ought to be revised, that direction shall, unless the Department directs otherwise, continue to have effect and the benefit shall continue to be suspended for a further period until the amount of the claimant’s earnings in respect of that further period has been determined in accordance with these Regulations.

(2) Where the Department has prior to 25th November 1996 made interim payments under regulation 6(2) of the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1978 and it is impracticable for a review relating to the claim to be immediately determined, it may make such further interim payments (not exceeding the amount of benefit in question which would be payable if there were no earnings less any interim payments already made) as it may think appropriate in the circumstances.

(3) After such further interim payments have been made for any period beginning on or after 25th November 1996 and the amount of the earnings in question has been determined—

(a) where the adjudicating authority determines that, for that period, benefit is payable, the adjudicating authority shall direct that those further interim payments shall, so far as they do not exceed that benefit, be treated as having been made on account of it;

(b) where the adjudicating authority determines that, for that period, benefit—

(i) is not payable, or

(ii) which is less than the amount of those further interim payments, is payable,

the Department shall require repayment of those further interim payments or, as the case may be, of so much of those further interim payments to the extent that they exceed entitlement to that benefit.

(4) The provisions of the Contributions and Benefits Act and the Administration Act and regulations made under those Acts shall apply to any further interim payment required to be repaid by virtue of paragraph (3) as if it had been a payment of benefit required to be repaid.

(5) The provisions of the Contributions and Benefits Act and the Administration Act and regulations made under those Acts relating to—

(a) the time and manner of payment of benefit;

(b) the extinguishment of the right to sums payable by way of benefit which are not obtained within the prescribed time; and

(c) the information to be given when obtaining payment of benefit,

shall apply to and in respect of any further interim payment by virtue of this regulation as if it were a payment of the appropriate benefit.

(1)

S.R. 1978 No. 371