2000 No. 358 (C. 16)

CHILD SUPPORT
PENSIONS
SOCIAL SECURITY

The Child Support, Pensions and Social Security (2000 Act) (Commencement No. 1) Order (Northern Ireland) 2000

Made

The Department for Social Development, in exercise of the powers conferred on it by section 68(2)(a) of the Child Support, Pensions and Social Security Act (Northern Ireland) 20001 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 Child Support, Pensions and Social Security (2000 Act) (Commencement No. 1) Order (Northern Ireland) 2000.

2

In this Order “the Act” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000.

Appointed days2

The day appointed for the coming into operation of—

a

the provisions of the Act specified in Part I of the Schedule, is 22nd November 2000;

b

the provisions of the Act specified in Part II of the Schedule for the purpose only of authorising the making of regulations, is 22nd November 2000;

c

paragraph 25 of Schedule 3 to the Act (amendment of statutory provisions relating to child support) and section 25 of the Act in so far as it relates to it, is 1st January 2001;

d

the provisions of the Act specified in Part III of the Schedule in so far as not already in operation, is 1st January 2001; and

e

the provisions of the Act specified in Part IV of the Schedule for the purpose only of authorising the making of regulations or orders, is 8th January 2001.

Sealed with the Official Seal of the Department for Social Development on 21st November 2000.

John O'NeillSenior Officer of theDepartment for Social Development

SCHEDULE

Article 2

Part IProvisions coming into operation on 22nd November 2000

Provisions of the Act

Subject Matter

Section 37

Sharing of state scheme rights

Section 63

Child benefit disregards

Section 64

Social Security Advisory Committee

The following paragraphs of Schedule 5 and section 52 in so far as it relates to them—

Pensions: miscellaneous amendments

paragraph 7

Trustees of schemes

paragraph 8

Register of disqualified trustees

paragraph 11

Orders and regulations

The following paragraphs of Schedule 6, and paragraph 1 of that Schedule and section 58 in so far as relating to them—

Social security investigation powers

paragraph 7

Breach of regulations

paragraph 8 in so far as it inserts section 115CA(1) into the Administration Act for the purposes of construing section 107 of that Act as amended by paragraph 7

Insertion of section 115CA

Schedule 9, Part III(10) and section 67 in so far as it relates to that repeal

Repeals

Part IIProvisions coming into operation on 22nd November 2000 for the purpose only of making regulations

Provisions of the Act

Subject Matter

Section 3

Applications by persons claiming or receiving benefit

Section 4

Default and interim maintenance decisions

Section 5

Departure from usual rules for calculating maintenance

Section 7

Variations: revision and supersession

Section 9

Decisions superseding earlier decisions

Section 10

Appeals to appeal tribunals

Section 16

Disqualification from driving

Section 17

Financial penalties

Section 18

Reduced benefit decisions

Section 19

Voluntary payments

Section 20

Recovery of child support maintenance by deduction from benefit

Section 21(3)

Jurisdiction

Section 24

Regulations

Section 26

Temporary compensation payment scheme

Section 28

Transitional provisions, savings, etc.

Section 60

Discretionary financial assistance with housing

Section 62

Recovery of housing benefit

Schedule 1 and section 1(3)

Substituted Part I of Schedule 1 to the Child Support Order

Schedule 2 and section 6

Substituted Schedules 4A and 4B to the Child Support Order

Schedule 3, paragraph 26 and section 25 in so far as it relates to it

Fees

The following paragraphs of Schedule 7, and paragraph 1 of that Schedule and section 59 in so far as relating to them—

Housing benefit: revisions and appeals

paragraph 3

Revision of decisions

paragraph 4

Decisions superseding earlier decisions

paragraph 6

Appeal to appeal tribunal

paragraph 8

Appeal from tribunal to Commissioner

paragraph 9

Appeal from Commissioner on point of law

paragraph 10

Procedure

paragraph 12

Matters arising as respects decisions

paragraph 13

Suspension in prescribed circumstances

paragraph 14

Suspension for failure to furnish information, etc.

paragraph 15

Termination in cases of a failure to furnish information, etc.

paragraph 16

Decisions involving issues that arise on appeal in other cases

paragraph 19

Correction of errors and setting aside of decisions

paragraph 20

Regulations

paragraph 21

Consequential amendment of the Administration Act

paragraph 23

Interpretation

Part IIIProvisions coming into operation on 1st January 2001 in so far as not already in operation

Provisions of the Act

Subject Matter

Section 7 in so far as it relates to Article 28G(2) of the Child Support Order

Variations: revision and supersession

Section 26

Temporary compensation payment scheme

Part IVProvisions coming into operation on 8th January 2001 for the purpose only of making regulations or orders

Provisions of the Act

Subject Matter

Section 29

Earnings from which pension derived

Section 30

Calculation

Section 31

Calculation of Category B retirement pension

Section 32

Revaluation

Section 33

Supplementary

Schedule 4

Additional pension

(This note is not part of the Order.)

This Order provides for the coming into operation of provisions of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 as follows—

  • 22nd November 2000 for provisions relating to—

    • the sharing of state scheme rights,

    • child benefit disregards,

    • the Social Security Advisory Committee,

    • pensions miscellaneous amendments and repeals, and

    • social security investigation powers;

  • 22nd November 2000 for provisions relating to—

    • child support,

    • discretionary financial assistance with housing,

    • recovery of housing benefit, and

    • housing benefit revision and appeals,

  • for the purpose only of authorising the making of regulations;

  • 1st January 2001 for a further provision relating to child support; and

  • 8th January 2001 for provisions relating to state second pension for the purpose only of authorising the making of regulations or orders.

The impact on business of the commencement of provisions in the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 is detailed in the Regulatory Impact Assessment relating to the Child Support, Pensions and Social Security Bill. A copy of that Assessment may be obtained, free of charge, from Social Security Policy and Legislation Division, Castle Buildings, Stormont, Belfast BT4 3SQ.