5. Section 35(10) of the National Insurance Act (Northern Ireland) 1966 as continued in force by virtue of regulation 2(3) of, and Schedule 1 to, the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1978(1) shall be omitted.
6.—(1) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979(2) shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 1 (interpretation)—
(a)in paragraph (2) for the definition of “the determining authority”(3) there shall be 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;”; and
(b)in paragraph (3) for “the Department or the determining authority whichever is appropriate” there shall be substituted “the determining authority”.
(3) In regulation 4(2)(b)(i) (days to be treated as days of increment) for “the Department or the determining authority, whichever is appropriate,” there shall be substituted “the determining authority”.
7.—(1) The Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations (Northern Ireland) 1979(4) shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 2(3) (interpretation) for “, a social security appeal tribunal or an adjudication officer” there shall be substituted “or an appeal tribunal constituted under Article 8 of the Social Security (Northern Ireland) Order 1998”.
(3) In regulation 19 (provision relating to widow’s pension for certain widows incapable of self-support by reason of an infirmity) paragraph (2) shall be omitted.
8.—(1) The Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984(5) shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 10 (adjudication)—
(a)in paragraph (1)(i) for “an adjudicating medical authority” there shall be substituted “the Department or, as the case may be, an appeal tribunal constituted under Article 8 of the Social Security (Northern Ireland) Order 1998”; and
(b)paragraphs (3) and (4) shall be omitted.
(3) In regulation 17(3) (claims made before 29th November 1984) sub-paragraph (c) shall be omitted.
9.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(6) shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 22A(7) (reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work)—
(a)in the heading and in paragraphs (1) and (3) after “against a decision” there shall be inserted “which embodies a determination”; and
(b)in paragraph (3) for “that decision” there shall be substituted “that determination”.
(3) In regulations 71(1)(8) (applicable amounts in urgent cases) and 76(a)(9) (reduction in certain cases) after “against a decision” in each place where it occurs there shall be inserted “which embodies a determination”.
(4) In Schedule 1B(10) (prescribed categories of person)—
(a)in the heading to paragraphs 24 to 28 after “decision” there shall be inserted “which embodies a determination”;
(b)in paragraphs 24(c) and 25(b) after “against the” there shall be inserted “decision which embodies a”; and
(c)in paragraphs 26 and 27 after “decisions” there shall be inserted “which embody a determination”.
10. In regulation 3 of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations (Northern Ireland) 1994(11) (allocation of contributions for a spouse or child)—
(a)in paragraph (1) for “may be determined by the adjudicating authority so as to” there shall be substituted “would”; and
(b)in paragraph (3) the definition of “adjudicating authority” shall be omitted.
11.—(1) The Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995(12) shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 2(1) (interpretation) the definitions of “adjudication officer” and “social security appeal tribunal” shall be omitted.
(3) In regulation 18(2) (disqualification for misconduct, etc.) for “may be determined under Part II of the Administration Act” there shall be substituted “the Department may determine”.
12. In regulation 4(5) of the Disability Working Allowance and Income Support (General) (Amendment) Regulations (Northern Ireland) 1995(13) (transitional provisions with respect to the Income Support Regulations) for “an adjudication officer on or after 13th April 1995, determines” there shall be substituted “it is determined on or after 13th April 1995”.
13. In Regulation 11(3) of the Social Security (Persons from Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996(14) (saving) after “Social Security Administration (Northern Ireland) Act 1992” there shall be inserted “or a decision is made in relation to that entitlement under Article 10 or 11 of the Social Security (Northern Ireland) Order 1998”.
S.R. 1978 No. 105, to which there are amendments not relevant to this order
S.R. 1979 No. 243; relevant amending regulations are S.R. 1984 No. 174
The definition of “the determining authority” was substituted by regulation 14 of S.R. 1984 No. 174
S.R. 1979 No. 244, to which there are amendments not relevant to this order. See also Article 3 of the Social Security Adjudications (Northern Ireland) Order 1983 (S.I. 1983/1524 (N.I. 17))
S.R. 1984 No. 317, to which there are amendments not relevant to this order
S.R. 1987 No. 459; relevant amending regulations are S.R. 1988 No. 146 and S.R. 1996 No. 199
Regulation 22A was inserted by regulation 13 of S.R. 1996 No. 199
Regulation 71(1) was amended by regulation 18 of S.R. 1996 No. 199
Regulation 76 was inserted by regulation 28 of S.R. 1988 No. 146 and amended by regulation 21 of S.R. 1996 No. 199
Schedule 1B was inserted by Schedule 1 to S.R. 1996 No. 199
S.R. 1994 No. 485, to which there are amendments not relevant to this order
S.R. 1995 No. 41, to which there are amendments not relevant to this order
S.R. 1995 No. 67, to which there are amendments not relevant to this order
S.R. 1996 No. 11, to which there are amendments not relevant to this order