PART IIBenefit and its Administration

CHAPTER VIAdministration of Benefit

Provisions relating to benefit under Chapters I to V

82Disqualification and suspension

1

Regulations may provide for disqualifying a person for the receipt of any benefit if he fails to make his claim for it within the prescribed time; but any such regulations shall provide for extending, subject to any prescribed conditions, the time within which the claim may be made in cases where good cause is shown for the delay.

2

Notwithstanding any regulations made by virtue of subsection (1) above, no sum shall be paid to any person—

a

on account of a maternity grant in respect of a confinement occurring more than 12 months before the date on which the claim for the grant is made ;

b

on account of a death grant in any case where the prescribed time for making a claim falls to be extended by virtue of subsection (1) above by more than 12 months;

c

on account of any other benefit (except a death grant, or disablement benefit or industrial death benefit) in respect of any period more than 12 months before the date on which the claim is made.

3

Subject to subsection (4) below, where it appears to the Department that a question has arisen whether—

a

the conditions for the receipt of benefit payable under an award are or were fulfilled ; or

b

an award ought to be revised in accordance with Part III of this Act (determination of claims and questions),

it may direct that payment of the benefit shall be suspended in whole or in part until that question has been determined; but this does not apply in any case where the question has arisen as to whether the claimant has ceased to be entitled to receive unemployment benefit by reason of any of the provisions of section 20(1)(b) to (e).

4

Regulations may provide for subsection (3) above—

a

to cease to apply to any case, or to cases of any specified description, to which it would otherwise apply; or

b

to apply to cases of any specified description to which it would otherwise not apply.

5

Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit, and an increase of benefit shall not be payable in respect of any person as the beneficiary's wife or husband, for any period during which the person—

a

is absent from Northern Ireland; or

b

is undergoing imprisonment or detention in legal custody.

6

Regulations may provide—

a

for the suspension of payment to or in respect of any person, during any such period, of benefit which is excepted from the operation of subsection (5) above or is payable otherwise than in respect of that period;

b

for suspending payment of benefit to a person during any period in which he is undergoing medical or other treatment as an in-patient in a hospital or similar institution.