The Social Security (1998 Order) (Commencement Nos. 8 and 10) (Amendment) Order (Northern Ireland) 2006

Statutory Rules of Northern Ireland

2006 No. 402

social security

The Social Security (1998 Order) (Commencement Nos. 8 and 10) (Amendment) Order (Northern Ireland) 2006

Made

9th October 2006

The Department for Social Development makes the following Order in exercise of the powers conferred by Article 1(2) and (4) of the Social Security (Northern Ireland) Order 1998(1) and now vested in it(2).

Citation and commencement

1.—(1) This Order may be cited as the Social Security (1998 Order) (Commencement Nos. 8 and 10) (Amendment) Order (Northern Ireland) 2006.

(2) Articles 2 to 4 shall come into operation on 16th October 2006.

Amendment of the Social Security (1998 Order) (Commencement No. 8 and Savings, Consequential and Transitional Provisions) Order

2.  In Article 18 of the Social Security (1998 Order) (Commencement No. 8 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999(3) (transitional provisions)—

(a) in paragraph (10)—

(i) omit the word “or” after sub-paragraph (a), and

(ii) after sub-paragraph (a) insert—

“(aa) under or by virtue of Part III of the Social Security (Northern Ireland) Act 1975(4) in relation to; or”; and

(b) in paragraph (39) for the definition of “relevant benefit” substitute—

““relevant benefit” means—

(a)

any benefit mentioned in Article 2(b); and

(b)

the following benefits under the Social Security (Northern Ireland) Act 1975—

(i)

sickness benefit under section 14(5),

(ii)

unemployment benefit under section 14,

(iii)

invalidity pension under section 15(6), and

(iv)

invalidity allowance under section 16(7);”.

Amendment of the Social Security (1998 Order) (Commencement No. 10 and Savings, Consequential and Transitional Provisions) Order

3.  In Article 16 of the Social Security (1998 Order) (Commencement No. 10 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999(8) (transitional provisions)—

(a) in paragraph (9)—

(i) omit the word “or” after sub-paragraph (a), and

(ii) after sub-paragraph (a) insert—

“(aa) under or by virtue of Part III of the Social Security (Northern Ireland) Act 1975 in relation to; or”; and

(b) in paragraph (33) for the definition of “relevant benefit” substitute—

““relevant benefit” means—

(a)

any benefit mentioned in Article 2(b)(i) and (ii);

(b)

an attendance allowance under section 35 of the Social Security (Northern Ireland) Act 1975(9);

(c)

a mobility allowance under section 37A of that Act(10); and

(d)

supplementary benefit under Article 3 of the Supplementary Benefits (Northern Ireland) Order 1977(11);”.

Consequential amendments

4.—(1) In regulation 14(1) of the Social Security (Introduction of Disability Living Allowance) Regulations (Northern Ireland) 1992(12) (reviews) after “appeal)” insert “and Articles 10 and 11 of the Social Security (Northern Ireland) Order 1998 (revision and supersession of decisions)”.

(2) In the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995(13)—

(a) in regulation 11 (transitional awards of short-term incapacity benefit) after paragraph (5)(14) add—

“(6) The transitional award under paragraph (1) is treated as a decision of the Department under Article 9(1) of the Social Security (Northern Ireland) Order 1998(15) and as an incapacity benefit decision for the purposes of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(16).”; and

(b) in regulation 17 (transitional awards of long-term incapacity benefit) after paragraph (4) add—

“(5) The transitional award under paragraph (1) is treated as a decision of the Department under Article 9(1) of the Social Security (Northern Ireland) Order 1998 and as an incapacity benefit decision for the purposes of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999.”.

Sealed with the Official Seal of the Department for Social Development on 9th October 2006

John O’Neill

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Social Security (1998 Order) (Commencement No. 8 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999 and the Social Security (1998 Order) (Commencement No. 10 and Savings, Consequential and Transitional Provisions) Order (Northern Ireland) 1999 to—

• bring sickness benefit, unemployment benefit, invalidity pension, invalidity allowance, attendance allowance and mobility allowance under the Social Security (Northern Ireland) Act 1975 and supplementary benefit under the Supplementary Benefits (Northern Ireland) Order 1977 within the definitions of “relevant benefit” for the purposes of those Orders; and

• to provide that decisions made by adjudication officers in respect of those benefits are treated as decisions of the Department for Social Development (Articles 2 and 3),

and makes consequential amendments to the Social Security (Introduction of Disability Living Allowance) Regulations (Northern Ireland) 1992 and the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995 (Article 4).

(1)

S.I. 1998/1506 (N.I. 10)

(2)

See Article 8(b) of S.R. 1999 No. 481

(3)

S.R. 1999 No. 371 (C. 28)

(4)

1975 c. 15

(5)

Section 14 was amended by Article 20(1) of, and paragraph 21 of Schedule 5 to, the Social Security Pensions (Northern Ireland) Order 1975 (S.I. 1975/1503 (N.I. 15)), paragraph 5 of Schedule 3 to the Social Security (Northern Ireland) Order 1979 (S.I. 1979/396 (N.I. 5)), the Schedule to the Social Security (No. 2) (Northern Ireland) Order 1980 (S.I. 1980/1087 (N.I. 13)), Article 32(3) of, and paragraph 5 of Schedule 4 to, the Social Security (Northern Ireland) Order 1982 (S.I. 1982/1084 (N.I. 16)), paragraph 53 of Schedule 9 to the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18)) and paragraph 4 of Schedule 1 and Schedule 9 to the Social Security (Northern Ireland) Order 1989 (S.I. 1989/1342 (N.I. 13)) and was repealed by Schedule 1 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9)

(6)

Section 15 was amended by Article 16 of, and paragraph 22 of Schedule 5 to, the Social Security Pensions (Northern Ireland) Order 1975, paragraph 1 of Schedule 1 and paragraph 6 of Schedule 3 to the Social Security (Northern Ireland) Order 1979, paragraph 6 of Schedule 4 to the Social Security (Northern Ireland) Order 1982, paragraph 53 of Schedule 9 to the Social Security (Northern Ireland) Order 1986, paragraph 5 of Schedule 1 and Schedule 9 to the Social Security (Northern Ireland) Order 1989, Article 6(1) of the Social Security (Northern Ireland) Order 1990 (S.I. 1990/1511 (N.I. 15)) and Article 11(1) of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 (S.I. 1991/1712 (N.I. 17)) and was repealed by Schedule 1 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992

(7)

Section 16 was amended by paragraph 10 of Schedule 1 to the Social Security (Northern Ireland) Order 1979, Article 11(1) of the Social Security (Northern Ireland) Order 1985 (S.I. 1985/1209 (N.I. 16)) and was repealed by Schedule 1 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992

(8)

S.R. 1999 No. 428 (C. 32)

(9)

Section 35 was amended by Article 3 of the Social Security (Northern Ireland) Order 1979, paragraph 8 of Schedule 1 to the Social Security (Northern Ireland) Order 1980 (S.I. 1980/870 (N.I. 8)), Article 3 of the Social Security (Northern Ireland) Order 1988 (S.I. 1988/594 (N.I. 2)), paragraph 5 of Schedule 8 to the Social Security (Northern Ireland) Order 1989, Article 3 of the Social Security (Northern Ireland) Order 1990 and Article 4(1) of, and paragraph 2 of Schedule 2 and Schedule 4 to, the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 and was repealed by Schedule 1 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992

(10)

Section 37A was inserted by Article 24 of the Social Security Pensions (Northern Ireland) Order 1975 and amended by Article 4 of the Social Security (Northern Ireland) Order 1979, Article 72 of the Social Security (Northern Ireland) Order 1986 and Article 10 of the Social Security (Northern Ireland) Order 1989 and was repealed by Schedule 4 to the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991

(11)

S.I. 1977/2156 (N.I. 27)

(12)

S.R. 1992 No. 38

(13)

S.R. 1995 No. 35; relevant amending Regulations are S.R. 1996 No. 601

(14)

Paragraph (5) was added by regulation 3(2)(b) of S.R. 1996 No. 601

(15)

Article 9 was amended by paragraph 16 of Schedule 6 and Schedule 9 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671), Schedule 13 to the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 6 to the Tax Credits Act 2002 (c. 21) and paragraph 6 of Schedule 1 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and Article 74(1) was amended by paragraph 17(2) of Schedule 4 to the Tax Credits Act 2002. See also S.R. 2006 No. 388

(16)

S.R. 1999 No. 162