(This note is not part of the Regulations.)
Section 109A of the Social Security Administration (Northern Ireland) Act 1992 (“the Administration Act”), provides for a person who has caused an overpayment of social security benefit or housing benefit, to pay a penalty in lieu of criminal proceedings. In this connection the Department of Health and Social Services for Northern Ireland, the Department of the Environment for Northern Ireland or the Northern Ireland Housing Executive may give the person a notice about the agreement to pay a penalty. These Regulations require such a notice to set out certain additional information relating to the operation of these provisions.
These Regulations are made in consequence of Article 14 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (“the Order”) which inserted section 109A into the Administration Act. The Social Security Administration (Fraud) (1997 Order) (Commencement No. 4) Order (Northern Ireland) 1997 (S.R. 1997 No. 508 (C. 29)) provides for the coming into operation of Article 14 of the Order, for the purposes only of authorising the making of regulations on 21st November 1997 and for all other purposes, on 18th December 1997. As these Regulations are made before the end of a period of 6 months from the commencement of the said Article, they are, accordingly exempt, by virtue of section 150(5)(b) of the Administration Act, from reference to the Social Security Advisory Committee.