1999 No. 310 (C. 23)
The Social Security (1998 Order) (Commencement No. 7 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999
Made
The Department of Health and Social Services, in exercise of the powers conferred on it by Article 1(2) and (4) of the Social Security (Northern Ireland) Order 19981 and of all other powers enabling it in that behalf, hereby makes the following Order:
Citation and interpretation1
1
This Order may be cited as the Social Security (1998 Order) (Commencement No. 7 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999.
2
In this Order “the Order” means the Social Security (Northern Ireland) Order 1998.
Appointed day2
1
The day appointed for the coming into operation of—
a
paragraph 82 of Schedule 6 to the Order (minor and consequential amendments) and Article 78(1) of the Order in so far as it relates to it; and
b
the provisions of the Order specified in Schedule 1, in so far as they are not already in operation, for the purposes of—
i
guardian’s allowance under Part III of the Contributions and Benefits Act,
ii
benefits for industrial injuries under Part V of that Act,
iii
child benefit under Part IX of that Act, and
iv
any matter to which, by virtue of section 165 of the Pension Schemes (Northern Ireland) Act 19932, provisions of Chapter II of Part II of the Order are to apply,
is 5th July 1999.
2
Paragraph 45 of Schedule 6 shall come into operation immediately before paragraph 3 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 19993 comes into operation.
Commencement3
This Article and Articles 4 to 15 shall come into operation on 5th July 1999.
Savings4
1
Notwithstanding the coming into operation of Article 39(3) of the Order or regulation 59 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 19994—
a
sections 16 and 17 of the Administration Act;
b
sections 57 to 59 of, and Schedule 3 to, that Act as they relate to regulations made in relation to those sections; and
c
any regulations made under or in connection with the operation of any of those sections or that Schedule,
shall continue to have effect with respect to any decision made before 1st April 1999 by the Department under section 15(1)(d) of that Act.
2
Notwithstanding the repeal by Schedule 7 to the Order of section 144(5)(a) of the Administration Act, that section shall continue to have effect in relation to any payment of fees made on or after 5th July 1999 under regulations made by virtue of section 60(2)(b) of that Act in connection with a medical examination conducted before that date.
Consequential Amendments
Amendment of the Social Security (Guardian’s Allowances) Regulations5
In regulation 1(2) of the Social Security (Guardian’s Allowances) Regulations (Northern Ireland) 19755 (interpretation) for the definition of “determining authority” there shall be substituted the following definition—
“determining authority” means, as the case may require, the Department, an appeal tribunal to which there is a right of appeal pursuant to Article 13 of the Social Security (Northern Ireland) Order 1998 or a Commissioner to whom an appeal lies under Article 15 of that Order;
Amendment of the Social Security (Claims and Payments) Regulations6
1
The Social Security (Claims and Payments) Regulations (Northern Ireland) 19776 shall be amended in accordance with paragraphs (2) and (3).
2
In regulation 2(1) (interpretation) the definition of “determining authority”7 shall be omitted.
3
In regulation 26 (obligations of claimants for, and beneficiaries in receipt of, disablement benefit)—
a
in paragraph (1)—
i
in sub-paragraph (a) for “medical authority (as defined in paragraph (4))” there shall be substituted “medical practitioner who has experience in the issues specified in regulation 12(1) of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999”, and
ii
in sub-paragraph (b) the words from “or by any” to the end shall be omitted;
b
in paragraph (2) for the words from “to examination” to the end there shall be substituted “to examination before the expiry of the period of 6 days beginning with the date of the notice or such shorter period as may be reasonable in the circumstances”; and
c
paragraph (4)8 shall be omitted.
Amendment of the Child Benefit (General) Regulations7
1
The Child Benefit (General) Regulations (Northern Ireland) 19799 shall be amended in accordance with paragraphs (2) to (4).
2
In regulation 1(2) (interpretation) after the definition of “the Order” there shall be inserted the following definition—
“the 1998 Order” means the Social Security (Northern Ireland) Order 1998;
3
In regulation 16A10 (exception to Article 8(3) of the Order)—
a
in paragraph (1)(b)(i) and (ii) for “on review” there shall be substituted “under Article 10 or 11 of the 1998 Order”; and
b
for paragraph (2) there shall be substituted the following paragraph—
2
In this regulation “determining authority” means, as the case may require, the Department, an appeal tribunal to which there is a right of appeal pursuant to Article 13 of the 1998 Order or a Commissioner to whom an appeal lies under Article 15 of that Order.
4
In regulation 16B(g)11 (prescribed conditions relating to persons subject to immigration control) for the words from “reviewed under” to the end there shall be substituted “revised under Article 10 of the 1998 Order or superseded under Article 11 of that Order”.
Amendment of the Workmen’s Compensation (Supplementation) Regulations8
1
The Workmen’s Compensation (Supplementation) Regulations (Northern Ireland) 198312 shall be amended in accordance with paragraphs (2) to (7).
2
In regulation 1(2) (interpretation)—
a
after the definition of “the Act of 1966” there shall be inserted the following definition—
“the Order” means the Social Security (Northern Ireland) Order 1998;
b
for the definition of “the appropriate determining authority” there shall be substituted the following definition—
“the appropriate determining authority” means, as the case may require, the Department, an appeal tribunal to which there is a right of appeal pursuant to Article 13 of the Order or a Commissioner to whom an appeal lies under Article 15 of that Order;
c
for the definition of “claimant” there shall be substituted the following definition—
“claimant” means a person claiming an allowance and includes, in relation to the revision or supersession of a decision, a beneficiary under the award or affected by the decision;
d
after the definition of “corresponding disablement pension rate” there shall be inserted the following definition—
“the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999;
e
after the definition of “the Department” there shall be inserted the following definition—
“medical practitioner” means a medical practitioner who has experience in the issues specified in regulation 12(1) of the Decisions and Appeals Regulations;
f
the definition of “the adjudication officer” shall be omitted.
3
In regulation 6(5) (amount of workmen’s compensation) for “review” there shall be substituted “revision under Article 10 of the Order or supersession under Article 11 of the Order”.
4
For regulation 12 (determination of questions arising under the regulations) there shall be substituted the following regulation—
Determination of claims and applications for revision and supersession arising under the regulations12
Any issue relating to any allowance under these regulations shall be determined as if it had arisen under Part V of the Social Security Contributions and Benefits (Northern Ireland) Act 199213 and except where these regulations otherwise provide, the provisions of the Order and of the Social Security (General Benefit) Regulations (Northern Ireland) 198414, the Social Security (Claims and Payments) Regulations (Northern Ireland) 198715, the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 198816, the Decisions and Appeals Regulations and the Social Security Commissioners (Procedure) Regulations (Northern Ireland) 199917 which are specified in Schedule 2, shall, with the necessary modifications, apply for the purposes of these regulations.
5
For regulation 22 (review of decisions) there shall be substituted the following regulation—
Revision or supersession of decisions22
1
The Department may at any time revise or supersede any decision made under provisions of the Workmen’s Compensation (Supplementation) Regulations (Northern Ireland) 196618 in force immediately before 17th October 1977, where—
a
the decision was erroneous in point of law, or was made in ignorance of, or was based on a mistake as to, some material fact; or
b
there has been any relevant change of circumstances since the decision was made.
2
A decision may be revised or superseded by the Department on its own initiative or on an application in writing to the Department for the purpose.
3
Where it appears to the Department that an issue has arisen whether the decision as to an award of an allowance to which this regulation relates ought to be revised or superseded in accordance with the provisions of paragraph (1), the Department may direct that payment of the allowance shall be suspended in whole or in part until that issue has been determined.
4
Repayment of sums by way of an allowance in pursuance of the original decision shall not be required under this regulation in any case where the Department is satisfied that in the obtaining and receipt of the benefit the beneficiary, and any person acting for him, has not misrepresented nor failed to disclose a material fact.
5
For the purposes of this regulation a decision made under any scheme made under the Act of 1951 shall be treated as if it had been made under the Workmen’s Compensation (Supplementation) Regulations (Northern Ireland) 1966 as they were immediately before the Workmen’s Compensation (Supplementation) (Amendment) Regulations (Northern Ireland) 197719 came into operation.
6
On a revision or supersession of a decision made under any scheme made under the Act of 1951 in force before 23rd May 1966 a decision made by the Department may determine any issue referred to it arising under any such scheme.
6
In regulation 27 (review)—
a
for “a question” there shall be substituted “an issue”;
b
for “reviewed by the adjudication officer” there shall be substituted “considered by the Department and it may decide the issue afresh”; and
c
for “the question” there shall be substituted “the issue”.
7
For Schedule 2 (provisions of the Social Security Act or regulations applicable (with the necessary modifications) to these regulations) there shall be substituted the Schedule set out in Schedule 2 to this Order.
Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations9
1
The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 198620 shall be amended in accordance with paragraphs (2) to (16).
2
In regulation 1(2) (interpretation)—
a
after the definition of “the Contributions and Benefits Act”21 there shall be inserted the following definition—
“the Order” means the Social Security (Northern Ireland) Order 1998;
b
the definition of “adjudicating medical authority”22 shall be omitted;
c
after the definition of “the Claims and Payments Regulations” there shall be inserted the following definition—
“the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999;
d
for the definition of “determining authority” there shall be substituted the following definition—
“determining authority” means, as the case may require, the Department, an appeal tribunal to which there is a right of appeal pursuant to Article 13 of the Order or a Commissioner to whom an appeal lies under Article 15 of the Order;
e
after the definition of “medical board” there shall be inserted the following definition—
“medical practitioner” means a medical practitioner who has experience in the issues specified in regulation 12(1) of the Decisions and Appeals Regulations;
3
In regulation 6(1)(a) (date of onset) “subject to the provisions of section 117(4), as modified by paragraph 1 of Schedule 3 to the Adjudication Regulations,” shall be omitted.
4
In regulation 8(3) (workmen’s compensation cases)—
a
for “question”, in both places where it occurs, there shall be substituted “issue”;
b
for “reviewed” there shall be substituted “revised under Article 10 of the Order or superseded under Article 11 of the Order”; and
c
for “review” there shall be substituted “revision or supersession”.
5
In regulation 13A(1)23 (aggregation of percentages of disablement) for “adjudication officer” there shall be substituted “Department”.
6
In regulation 18(1B)(a)24 (special conditions for disablement benefit for pneumoconiosis, byssinosis and diffuse mesothelioma) for “on a re-assessment or review of the extent of disablement” there shall be substituted “on a re-assessment of the extent of disablement or in consequence of an application for a revision under Article 10 of the Order or a supersession under Article 11 of the Order”.
7
In regulation 20(2)25 (pneumoconiosis – effects of emphysema and chronic bronchitis)—
a
for “question” there shall be substituted “issue”;
b
in sub-paragraph (a) for the words from “that question” to the end there shall be substituted “that issue shall be determined by the Department”; and
c
in sub-paragraph (b)—
i
for “question” there shall be substituted “issue”, and
ii
for “the adjudicating medical authority or medical appeal tribunal, as the case may be” there shall be substituted “the Department or, as the case may be, an appeal tribunal”.
8
In regulation 2126 (reduced earnings allowance – special provision for pneumoconiosis cases) for “an adjudicating medical authority” there shall be substituted “the Department”.
9
For regulation 22 (special requirement for pneumoconiosis claimants in unscheduled occupation cases) there shall be substituted the following regulation—
22
1
A claim for disablement benefit in respect of pneumoconiosis by a person in relation to whom the disease is prescribed by virtue of regulation 2(b)(ii) shall be referred by the Department to a medical practitioner for a report, unless the Department is satisfied on reasonable grounds that the claimant is not suffering or has not suffered from pneumoconiosis, in which case it may decide the claim without such a report.
2
The provisions of paragraph (1) shall apply to an appeal tribunal and a Commissioner as they apply to the Department.
10
In regulation 23(2)(d)(ii) (time for claiming benefit in respect of occupational deafness) after “tribunal” there shall be inserted “or, as the case may be, the Department or an appeal tribunal”.
11
In regulation 2527 (further claims in respect of occupational deafness)—
a
in paragraph (1)(b) and (c) for “an adjudicating medical authority” there shall be substituted “the Department, an appeal tribunal”; and
b
for paragraph (2) there shall be substituted the following paragraph—
2
A claim to be paid benefit by virtue of paragraph (1)(c) may be disallowed by the determining authority without reference to a medical practitioner where the determining authority is satisfied by medical evidence that the claimant is not suffering from occupational deafness.
12
For regulation 28 (review of assessment for unforeseen aggravation in respect of occupational deafness) there shall be substituted the following regulation—
Supersession of a decision in respect of occupational deafness28
1
The provisions of regulation 6 of the Decisions and Appeals Regulations shall not apply to—
a
a decision of the Department in respect of occupational deafness until after the expiry of 5 years from the commencement of the period taken into account by that decision; or
b
an assessment of the extent of disablement in respect of occupational deafness which is less than 20 per cent.
13
For regulation 2928 there shall be substituted the following regulation—
Requirement for leave of appeal tribunal29
Subject to the provisions of regulation 28 and notwithstanding the provisions of regulation 6 of the Decisions and Appeals Regulations, a decision of a medical board or a medical appeal tribunal or, as the case may be, the Department or an appeal tribunal that a person is entitled to a life assessment in respect of occupational deafness shall not be revised under Article 10 of the Order or superseded under Article 11 of the Order without leave of an appeal tribunal; but in the case of a provisional assessment in respect of occupational deafness no such leave shall be required.
14
In regulation 30 (no appeal against initial provisional assessment of disablement in respect of occupational deafness) the words from the beginning to “section 109(3),” shall be omitted.
15
In regulation 32(7) (assessment of extent of disablement and rate of disablement benefit payable in respect of occupational deafness)—
a
in sub-paragraphs (a) and (b) for “reviewed or varied” there shall be substituted “revised under Article 10 of the Order or superseded under Article 11 of the Order”; and
b
in sub-paragraph (b)(ii) for “review or variation” there shall be substituted “revision or supersession”.
16
In regulation 33 (commencement date of period of assessment in respect of occupational deafness) “the provisions of section 108 and” shall be omitted.
Modifications
Modification of the Social Security Benefit (Dependency) Regulations10
The Social Security Benefit (Dependency) Regulations (Northern Ireland) 197729 shall have effect in relation to any benefit mentioned in Article 2(1)(b)(i) to (iii) as if in regulation 2(1) (interpretation) for the definition of “the determining authority”30 there were substituted the following definition—
“the determining authority” means, as the case may require, the Department, an appeal tribunal to which there is a right of appeal pursuant to Article 13 of the Social Security (Northern Ireland) Order 1998 or a Commissioner to whom an appeal lies under Article 15 of that Order;
Modification of the Social Security (General Benefit) Regulations11
The Social Security (General Benefit) Regulations (Northern Ireland) 198431 shall have effect in relation to any benefit mentioned in Article 2(1)(b)(i) to (iii) as if—
a
in regulation 1(2) for the definition of “determining authority”32 there were substituted the following definition—
“determining authority” means, as the case may require, the Department, an appeal tribunal to which there is a right of appeal pursuant to Article 13 of the Social Security (Northern Ireland) Order 1998 or a Commissioner to whom an appeal lies under Article 15 of that Order;
b
in regulation 11 (further definition of the principles of assessment of disablement and prescribed degrees of disablement)—
i
in paragraphs (7) and (8)33 for “the medical appeal tribunal, the adjudicating medical practitioner or 2 or more adjudicating medical practitioners (as the case may be)” there were substituted “the Department or, as the case may be, an appeal tribunal”, and
ii
paragraph (9) were omitted.
Modification of the Social Security (Claims and Payments) Regulations12
The Social Security (Claims and Payments) Regulations (Northern Ireland) 198734 shall have effect in relation to any benefit mentioned in Article 2(1)(b)(i) to (iii) as if—
a
in regulation 2(1) (interpretation)—
i
after the definition of “the Jobseekers Order”35 there were inserted the following definition—
“the 1998 Order” means the Social Security (Northern Ireland) Order 1998;
ii
for the definition of “adjudicating authority” there were substituted the following definition—
“adjudicating authority” means, as the case may require, the Department, an appeal tribunal to which there is a right of appeal pursuant to Article 13 of the 1998 Order or a Commissioner to whom an appeal lies under Article 15 of that Order;
iii
in the definition of “claim for benefit” in paragraph (c) for “review”, in both places where it occurs, there were substituted “revision under Article 10 of the 1998 Order or supersession under Article 11 of that Order”;
b
in regulation 13(2) (advance claims and awards) for “reviewed” there were substituted “revised under Article 10 of the 1998 Order or superseded under Article 11 of that Order”;
c
in regulation 17(7) (duration of awards) for “reviewed” there were substituted “revised under Article 10 of the 1998 Order or superseded under Article 11 of that Order”;
d
in regulation 31(4) (time and manner of payments of industrial injuries gratuities) for “varied”, in both places where it occurs, there were substituted “revised under Article 10 of the 1998 Order or superseded under Article 11 of that Order”; and
e
in Part V (suspension and extinguishment)—
i
in the heading “Suspension and”, and
ii
regulations 36 to 36B (suspension and withholding of benefit),
were omitted.
Modification of the Social Security (Payments on account, Overpayments and Recovery) Regulations13
The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 198836 shall have effect in relation to any benefit mentioned in Article 2(1)(b)(i) to (iii) as if—
a
in regulation 1(2) (interpretation)—
i
after the definition of “the Order” there were inserted the following definition—
“the 1998 Order” means the Social Security (Northern Ireland) Order 1998;
ii
for the definition of “adjudicating authority”37 there were substituted the following definition—
“adjudicating authority” means, as the case may require, the Department, an appeal tribunal to which there is a right of appeal pursuant to Article 13 of the 1998 Order or a Commissioner to whom an appeal lies under Article 15 of that Order;
b
in regulation 2(1)(b) (making of interim payments) for “review” there were substituted “revision, supersession”;
c
in regulation 5(2) (offsetting prior payment against subsequent award) in Case 1—
i
in the heading after “revised,” there were inserted “superseded”, and
ii
for “varied on appeal or revised on a review” there were substituted “revised under Article 10 of the 1998 Order or superseded under Article 11 of that Order or is varied on appeal”;
d
in regulation 8(2) (duplication and prescribed payments) for “review” there were substituted “revision under Article 10 of the 1998 Order or supersession under Article 11 of that Order”; and
e
in regulation 12 (circumstances in which determination need not be revised)—
i
for “variation or revision” there were substituted “variation, revision or supersession”, and
ii
for “reviewing and revising” there were substituted “revising under Article 10 of the 1998 Order or superseding under Article 11 of that Order”.
Transitional Provisions and Revocations
Transitional provisions14
1
Any decision in relation to a relevant benefit which fell to be made, but was not made, by an adjudicating authority before 5th July 1999 shall be made by the Department.
2
Any application for a review of a decision of an adjudicating authority in relation to a relevant benefit which was not decided before 5th July 1999 shall be treated—
a
where the application is made within one month of the date of notification of the decision or such longer period as may be allowed under paragraph (3), as an application to the Department for a revision of that decision under Article 10 of the Order; or
b
in any other case, as an application to the Department for a decision under Article 11 of the Order superseding that decision.
3
Subject to paragraphs (4) and (5), the period of one month specified in paragraph (2)(a) may be extended where the application is made before 5th August 2000 by a claimant or a person acting on his behalf, containing—
a
particulars of the grounds on which an extension of time is sought; and
b
sufficient details of the decision to enable it to be identified.
4
An application for an extension of time shall not be granted unless the Department is satisfied that—
a
it is reasonable to grant the application;
b
the application for review has merit; and
c
special circumstances are relevant to the application for an extension of time and, as result of those special circumstances, it was not practicable for the application for review to be made within one month of the date of notification of the decision which it is sought to have reviewed.
5
In determining whether it is reasonable to grant an application for an extension of time, no account shall be taken of the following—
a
that the claimant or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by paragraph (2)(a)); or
b
that a Commissioner (including a Commissioner within the meaning of section 39(1) of the Social Security Act 199838) or a court has taken a different view of the law from that previously understood and applied.
6
Where, by virtue of paragraph (2)(b)—
a
a decision made under Article 11 of the Order is advantageous to the claimant; and
b
the adjudicating authority could have made the same decision before 5th July 1999 on an application for review,
that decision shall take effect from the date on which it would have taken effect had the adjudicating authority’s decision been so made.
7
Where, before 5th July 1999, an adjudicating authority has made a decision in relation to a relevant benefit, it shall be treated as a decision of the Department.
8
Where notice of the decision referred to in paragraph (7) was not given or sent to the claimant before 5th July 1999, the Department shall give or send notice of that decision to the claimant.
9
Where, in relation to a relevant benefit—
a
an adjudicating authority’s decision was made before 5th July 1999; and
b
the time limit within which an appeal may be made against that decision has not expired before that date,
notwithstanding regulation 59 of the Decisions and Appeals Regulations, regulation 3 of the Adjudication Regulations39 as it relates to the time within which an appeal may be made, or any extension of that period, shall continue to apply in relation to any appeal, subject to the modifications specified in paragraph (10).
10
Regulation 3 of the Adjudication Regulations shall have effect as if—
a
references to a chairman or to a person considering the application were references to a legally qualified panel member;
b
references to a tribunal were references to an appeal tribunal constituted under Article 8 of the Order; and
c
in paragraph (3E)40 for the words from “six years” to the end there were substituted “5th August 2000”.
11
Any appeal to an appellate authority which was not determined before 5th July 1999 shall, without prejudice to Chapter III of Part V of the Decisions and Appeals Regulations, be treated as an appeal to an appeal tribunal against a decision of the Department.
12
Paragraphs (13) to (16) shall apply where—
a
the clerk to the tribunal gave a direction under regulation 22(1) or, as the case may be, 38(1) of the Adjudication Regulations41; and
b
notification referred to in paragraph (1A) of regulation 22 or, as the case may be, 38 of those Regulations was not received by him before 5th July 1999.
13
A notification in response to a direction given under regulation 22(1) or, as the case may be, 38(1) of the Adjudication Regulations shall be in writing and shall be made within 14 days of receipt of the direction or within such other period as the clerk to the appeal tribunal may direct.
14
An appeal may be struck out by the clerk to the appeal tribunal where a notification referred to in paragraph (13) is not received within the period specified in that paragraph.
15
An appeal which has been struck out in accordance with paragraph (14) shall be treated for the purpose of reinstatement as if it had been struck out under regulation 46 of the Decisions and Appeals Regulations.
16
An oral hearing of the appeal shall be held where—
a
a notification is received by the clerk to the appeal tribunal under paragraph (13); or
b
the chairman or, in the case of an appeal tribunal which has only one member, that member, is satisfied that such a hearing is necessary to enable the appeal tribunal to reach a decision.
17
Where an appeal has been struck out under regulation 7 of the Adjudication Regulations a legally qualified panel member may, on an application made by any party to the proceedings not later than three months from the date of the order under paragraph (1) of that regulation, reinstate the appeal if he is satisfied that—
a
the applicant did not receive a notice under paragraph (2) of that regulation; and
b
paragraph (2A)42 of that regulation does not apply,
and the appeal shall be treated as an appeal to an appeal tribunal against a decision of the Department.
18
An appeal tribunal shall completely rehear any appeal to an appellate authority which stands adjourned immediately before 5th July 1999.
19
A copy of a statement of—
a
the reasons for the appellate authority’s decision; and
b
its findings of fact material thereto,
shall be supplied by the Department to each party to the proceedings before that authority, if requested by any of them, within 21 days of the date on which notification of that decision was given or sent.
20
Subject to paragraph (21), any decision of an appellate authority shall, for the purposes of Articles 14 and 15 of the Order, be treated as a decision of an appeal tribunal.
21
Where paragraph (20) applies, any application for leave to appeal which is made for the purposes of Article 15(10)(a) of the Order shall be made no later than three months from the date on which a copy of the statement of the decision of the appellate authority was given or sent to the applicant.
22
Notwithstanding regulation 59 of the Decisions and Appeals Regulations, and subject to paragraph (24), regulation 10 of the Adjudication Regulations, and regulation 3 of those regulations in so far as it relates to that regulation, shall continue to apply in relation to any application to set aside a decision of an appellate authority, subject to the modifications specified in paragraph (23).
23
The Adjudication Regulations shall have effect as if—
a
in regulation 3, and in regulation 10(1) any reference to the adjudicating authority which gave the decision or to an authority of like status were a reference to an appeal tribunal constituted under Article 8 of the Order; and
b
in regulation 3, reference to a chairman were a reference to a legally qualified panel member.
24
Paragraph (22) shall not apply in any case where an application to set aside a decision of an appellate authority is made after 5th August 2000.
25
Any reference in paragraphs (11) to (24) to—
a
“an appeal to an appellate authority” shall be construed as a reference to an appeal against the decision of an adjudicating authority as respects a relevant benefit; and
b
“a decision of an appellate authority” shall be construed as a reference to a decision on such an appeal.
26
Where, before 5th July 1999, payment of a relevant benefit was suspended or withheld by virtue of any provision of Part V of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987, the provisions of Chapter I of Part III of the Decisions and Appeals Regulations shall apply with respect to that suspension or withholding as if it were a suspension imposed by virtue of those provisions.
27
In this Article—
“adjudicating authority” means an adjudication officer, an adjudicating medical practitioner or a medical board;
“the Adjudication Regulations” means the Social Security (Adjudication) Regulations (Northern Ireland) 199543;
“appellate authority” means a social security appeal tribunal or a medical appeal tribunal;
“decision”, in relation to any period before 5th July 1999, includes a determination, and “decided” shall be construed accordingly;
“the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999;
“legally qualified panel member” has the same meaning as in regulation 1(2) of the Decisions and Appeals Regulations;
“relevant benefit” means any benefit mentioned in Article 2(1)(b)(i) to (iii).
Revocations15
The Regulations specified in column (1) of Schedule 3 are revoked to the extent mentioned in column (3) of that Schedule.
Sealed with the Official Seal of the Department of Health and Social Services on 2nd July 1999.
SCHEDULE 1Provisions coming into operation on 5th July 1999
Provisions of the Order | Subject Matter |
|---|---|
Article 3(a) | Transfer of functions to the Department |
Article 4(2)(a) | Use of computers |
Article 5(1)(a) (in so far as it applies to | Unified appeal tribunals |
social security appeal tribunals and medical appeal tribunals) and (2)(a) | |
Article 9(1)(a) and (c), (2), (3) and (g), (4) and (5)44 | Decisions by the Department |
Article 10 | Revision of decisions |
Article 11 | Decisions superseding earlier decisions |
Article 12(1) and (2) and in paragraph (3) the following definitions—
| Regulations with respect to decisions |
Article 13(2), (3), (4) (except in so far as it applies to section 72 of the Administration Act) and (5) to (9) | Appeal to appeal tribunal |
Article 14 | Redetermination, etc. of appeals by tribunal |
Article 15 | Appeals from tribunal to Commissioner |
Article 16 | Procedure |
Article 17 | Finality of decisions |
Article 18 | Matters arising as respects decisions |
Article 19 | Medical examination required by the Department |
Article 20(1), (2) and (3)(a) | Medical examination required by appeal tribunal |
Articles 21 to 24 | Suspension and termination of benefit |
Articles 25 and 26 | Decisions and appeals dependent on other cases |
Article 27 | Restrictions on entitlement to benefit in certain cases of error |
Article 28 (except paragraph (3)(d) and (e)) | Correction of errors and setting aside of decisions |
Articles 29 and 30 | Industrial accidents |
Article 39 | Interpretation, etc. of Chapter II |
Schedule 2, paragraphs 4, 5, 6(a) and 9 and Article 13(1) in so far as it relates to them | Decisions against which no appeal lies |
Schedule 3, paragraphs 1, 2, 3(a) and (c), 4, 5 (except in so far as it applies to section 69A of the Administration Act), 6, 7 and 9 and Article 13(1)(b) in so far as it relates to them | Decisions against which an appeal lies |
Schedule 4 | Regulations as to procedure: provision which may be made |
The following paragraphs of Schedule 6 and Article 78(1) in so far as it relates to them— | Minor and consequential amendments |
| Social Security Commissioner to decide whether rule applies to social security benefits |
| Relevant employments |
| Accidents in course of illegal employments |
| General provisions relating to benefit under section 108 |
| General provisions as to disqualification and suspension |
| Her Majesty’s forces |
| Mariners, airmen, etc. |
| Persons outside Northern Ireland |
| Interpretation of Parts I to VI and supplementary provisions |
| Regulations about claims for and payments of benefit |
| Appeal from Commissioners on point of law |
| Overpayments – general |
| Issues arising in proceedings |
| Unauthorised disclosure of information relating to particular persons |
| Regulations as to notification of deaths |
| Destination of repayments, etc. |
| Reciprocal arrangements with Great Britain – income-related benefits and child benefit |
| Reciprocal arrangements with countries outside the United Kingdom |
| Payment of travelling expenses by Department |
| Interpretation |
| Commissioners, tribunals, etc. – supplementary provisions |
| Old cases payments administration |
| Disclosure of information between government departments, etc. |
| Application of general provisions relating to administration of social security |
| Decisions and appeals |
| Social security: amendments following certain orders |
The following repeals in Schedule 7 and Article 78(2) in so far as it relates to them— | Repeals |
SCHEDULE 2
SCHEDULE 2Provisions of the Order or regulations applicable (with the necessary modifications) to these regulations
Provisions of the Order or regulations
Subject matter
The Order
Part II, Chapter II
Decisions
Article 13
Appeal to appeal tribunal
Article 15
Appeal from tribunal to Commissioner
The Social Security (General Benefit) Regulations (Northern Ireland) 1984
Regulation 3
Suspension of payment of benefit during imprisonment, etc.
The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987
Regulation 4
Making a claim for benefit
Regulation 5
Amendment and withdrawal of claim
Regulation 6
Date of claim
Regulation 16
Date of entitlement under an award for the purpose of determining the day from which benefit is to be payable and effective date of change of rate
Regulation 17
Duration of awards
Regulation 20
Time and manner of payment: general provision
Regulation 20A48
Payment on presentation of an instrument for benefit payment
Regulation 21
Direct credit transfer
Regulation 22
Long term benefits
Regulation 25
Payment of attendance allowance, disability living allowance and constant attendance allowance at a daily rate
Regulation 28
Fractional amounts of benefit
Regulation 30
Payments on death
Regulation 33
Persons unable to act
Regulation 37
Extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period
Regulation 4649
Instruments of payment, etc.
The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988
Regulation 5
Offsetting prior payment against subsequent award
The Decisions and Appeals Regulations
Part II, Chapter I
Revisions
Part II, Chapter II
Supersessions
Regulation 12
Decisions of the Department relating to industrial injuries benefit
Part III, Chapter I
Suspension and termination
Regulation 25
Other persons with a right of appeal
Regulation 26
Decisions against which an appeal lies
Regulation 27
Decisions against which no appeal lies
Regulation 28
Notice of decision against which appeal lies
Part IV, Chapter II
General appeals matters
Part V, Chapter I
The panel and appeal tribunals
Regulation 38
Consideration and determination of appeals and referrals
Regulation 39
Directions concerning oral hearings
Regulation 40
Withdrawal of appeals and referrals
Regulation 41
Medical examination required by appeal tribunal
Regulation 42
Non-disclosure of medical advice or evidence
Regulation 43
Summoning of witnesses and administration of oaths
Part V, Chapter III
Striking out of appeals
Part V, Chapter IV
Oral hearings
Part V, Chapter V
Decisions of appeal tribunals and related matters
The Social Security Commissioners (Procedure) Regulations (Northern Ireland) 1999
Regulation 5
General powers of a Commissioner
Regulation 7
Delegation of functions to authorised officers
Regulation 8
Manner of and time for service of notices, etc.
Regulation 9
Application to a Commissioner for leave to appeal
Regulation 10
Notice of application to a Commissioner for leave to appeal
Regulation 12
Notice of appeal
Regulation 13
Time limit for appealing after leave obtained
Regulation 16
Acknowledgement of a notice of appeal or a reference and notification to each respondent
Regulation 18
Respondent’s written observations
Regulation 19
Written observations in reply
Regulation 20
Directions
Regulation 22
Non-disclosure of medical evidence
Regulation 23
Requests for hearings
Regulation 24
Hearings
Regulation 25
Summoning of witnesses
Regulation 26
Withdrawal of applications for leave to appeal, appeals and references
Regulation 27
Irregularities
Regulation 28
Determinations and decisions of a Commissioner
Regulation 30
Correction of accidental errors in decisions
Regulation 31
Setting aside decisions on certain grounds
Regulation 32
Provisions common to regulations 30 and 31
Regulation 33
Applications to a Commissioner for leave to appeal to the Appellate Court
SCHEDULE 3Regulations revoked
Column (1) | Column (2) | Column (3) |
|---|---|---|
Citation | Reference | Extent of revocation |
The Social Security (Adjudication) (Consequential Amendments) Regulations (Northern Ireland) 1984 | Regulations 3 and 11 | |
The Workmen’s Compensation (Supplementation) (Amendment No. 2) Regulations (Northern Ireland) 1990 | Regulation 2(4) and (6) and the Schedule | |
The Social Security (Industrial Injuries and Adjudication) (Amendment) Regulations (Northern Ireland) 1993 | Regulation 2 |
(This note is not part of the Order.)
(This note is not part of the Order.)
The following provisions of the Social Security (Northern Ireland) Order 1998 have been brought into operation by earlier commencement orders as from the dates shown.
Provision | Date of Commencement | S.R. Number |
|---|---|---|
Article 3(c) | 1.6.99 | |
Article 4(1) and (2)(b) to (h) | 9.9.98 | |
Article 5(1)(b) and (2)(b) | 1.6.99 | |
Article 6 | 1.6.99 | |
Articles 7 and 8 | 10.3.99 and 1.6.99 | |
Articles 10(1), (4) and (6), 11(3) and (6), 12(1), 13(1) to (3), (6) and (7), 15(3), (10) and (11) and 16(1) to (3) and (9) and Schedules 2 to 4 (partially) | 10.3.99 | |
Article 16(4)(a) and (5) | 9.9.98 | |
Article 16(4)(b) | 6.4.99 | |
Articles 17, 18(1), 20 to 24, 25(3)(b) and (5)(c) and Article 26(6)(c) (partially) | 10.3.99 | |
Article 26(8) | 1.6.99 | |
Articles 28, 31(2) and (3) and 38(1)(a) and (3) (partially) | 10.3.99 | |
Part II, Chapter III | 16.11.98, 7.12.98, 10.3.99 and 1.6.99 | 1998 No. 395 (C. 19)1999 No. 102 (C. 13)1999 No. 246 (C. 20) |
Articles 45 and 46 | 9.9.98 | |
Article 47(1) (partially) | 9.9.98 | |
Article 48 | 24.2.99 and 6.4.99 | |
Article 49 | 9.9.98 | |
Article 50 | 9.9.98 and 6.4.99 | |
Article 51 | 10.3.99 and 6.4.99 | |
Article 52 | 9.9.98 | |
Articles 53, 54 and 56 | 10.3.99 and 6.4.99 | |
Article 57 (partially) | 10.3.99 and 6.4.99 | |
Article 58 | 6.4.99 | |
Article 59 | 10.3.99 and 6.4.99 | |
Article 60 | 6.4.99 | |
Article 61 | 9.9.98 and 6.4.99 | |
Article 64 | 9.9.98 | |
Articles 66 and 67 | 5.4.99 | |
Article 69 | 6.4.99 | |
Article 70 (partially) | 10.3.99 | |
Article 71 | 5.10.98 | |
Article 72 | 16.11.98 | |
Article 78(1) and Schedule 6 (partially) | 9.9.98, 16.11.98, 10.3.99, 5.4.99, 6.4.99 and 1.6.99 | 1998 No. 312 (C. 15)1998 No. 395 (C. 19)1999 No. 72 (C. 9)1999 No. 102 (C. 13)1999 No. 168 (C. 16)1999 No. 246 (C. 20) |
Article 78(2) and Schedule 7 (partially) | 9.9.98, 5.4.99, 6.4.99 and 1.6.99 | 1998 No. 312 (C. 15)1999 No. 72 (C. 9)1999 No. 102 (C. 13)1999 No. 168 (C. 16)1999 No. 246 (C. 20) |
Schedule 1 (partially) | 10.3.99 and 1.6.99 |