Social Security Administration (Northern Ireland) Act 1992
Part I Claims for and Payments and General Administration of Benefit
Necessity of claim
1 Entitlement to benefit dependent on claim.
2 Retrospective effect of provisions making entitlement to benefit dependent on claim.
Work-focused interviews
2A Claim or full entitlement to certain benefits conditional on work-focused interview.
2AA Full entitlement to certain benefits conditional on work-focused interview for partner
2B Supplementary provisions relating to work-focused interviews.
2C Optional work-focused interviews.
Widowhood benefit
3 Late claims for widowhood benefit where death is difficult to establish.
4 Treatment of payments of benefit to certain widows.
Claims and payments regulations
5 Regulations about claims for and payments of benefit.
Sharing of functions as regards certain claims and information
5A Sharing of functions as regards certain claims and information.
Industrial injuries benefit
6 Notification of accidents, etc.
7 Medical examination and treatment of claimants.
8 Obligations of claimants.
Disability working allowance
9 Initial claims and repeat claims.
The social fund
10 Necessity of application for certain payments.
Child benefit
11 Necessity of application for child benefit.
Statutory sick pay
12 Duties of employees etc. in relation to statutory sick pay.
Statutory maternity pay
13 Duties of women etc. in relation to statutory maternity pay.
Payments in respect of mortgage interest, etc.
13A Payment out of benefit of sums in respect of mortgage interest, etc.
Emergency payments
14 Emergency payments by Health and Social Services Boards and other bodies.
Part II Adjudication
Adjudication by the Department
15 Questions for the Department.
16 Appeal on question of law.
17 Review of decisions.
Adjudication by adjudication officers
18 Claims and questions to be submitted to adjudication officer.
19 Decision of adjudication officer.
Appeals from adjudication officers - general
20 Appeal to social security appeal tribunal.
21 Appeal from social security appeal tribunal to Commissioner.
22 Appeal from Commissioners on point of law.
Reviews - general
23 Review of decisions.
24 Procedure for reviews.
25 Reviews under s. 23 - supplementary.
26 Appeals following reviews or refusals to review.
27 Review after claimant appeals.
Attendance allowance, disability living allowance and disability working allowance
28 Reviews of decisions of adjudication officers.
29 Further reviews.
30 Reviews of decisions as to attendance allowance, disability living allowance or disability working allowance - supplementary.
31 Appeals following reviews.
32 Appeal from social security appeal tribunals or disability appeal tribunals to Commissioners and appeals from Commissioners.
33 Reviews of decisions on appeal.
Questions first arising on appeal
34 Questions first arising on appeal.
Reference of special questions
35 Reference of special questions.
Adjudication officers and the Chief Adjudication Officer
36 Adjudication officers.
37 The Chief Adjudication Officer.
Social security appeal tribunals
38 Panels for appointment to social security appeal tribunals.
39 Constitution of social security appeal tribunals.
Disability appeal tribunals
40 Panels for appointment to disability appeal tribunals.
41 Constitution of disability appeal tribunals.
Adjudication in relation to industrial injuries and disablement benefit
42 Declaration that accident is an industrial accident.
43 Disablement questions.
44 Medical appeals and references.
45 Review of medical decisions.
46 Appeal etc. on question of law to Commissioner.
Adjudicating medical practitioners and medical appeal tribunals
47 Adjudicating medical practitioners.
48 Constitution of medical appeal tribunals.
The President and chairmen of tribunals
49 The President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals and chairmen.
Social Security Commissioners
50 Appointment of Commissioners.
References to medical practitioners, the Disability Living Allowance Advisory Board etc.
51 Power of adjudicating authorities to refer matters to experts.
52 Claims relating to attendance allowance, disability living allowance and disability working allowance.
53 Medical examination etc. in relation to appeals to disability appeal tribunals.
Determination of questions of special difficulty
54 Assessors.
55 Tribunal of 2 or 3 Commissioners.
Medical examinations
55AMedical examinations of persons awarded attendance allowance or disability living allowance.
Regulations
56 Regulations as to determination of questions and matters arising out of, or pending, reviews and appeals.
57 Procedure.
58 Finality of decisions.
59 Regulations about supplementary matters relating to determinations.
Incapacity for work
59A Adjudication: incapacity for work.
Industrial diseases
60 Adjudication as to industrial diseases.
Housing benefit
61 Adjudication.
Social fund officers and inspectors and the social fund Commissioner
62 Social fund officers.
63 The social fund Commissioner and inspectors.
64 Reviews.
Christmas bonus
65 Determination of questions.
Restrictions on entitlement to benefit following erroneous decision
66 Restrictions on entitlement to benefit in certain cases of error.
67 Determination of questions on review following erroneous decisions.
Correction of errors
68 Regulations as to correction of errors.
Part III Overpayments and Adjustments of Benefit
Misrepresentation etc.
69 Overpayments - general.
69ZA Overpayments out of the social fund.
Jobseeker’s Allowance
69A Recovery of jobseeker’s allowance: severe hardship cases.
70 Special provision as to recovery of income support.
Adjustments of benefits
71 Overlapping benefits - general.
72 Income support and other payments.
72APayment of benefit where maintenance payments collected by Department.
Housing benefit
73 Overpayments of housing benefit.
Social fund awards
74 Recovery of social fund awards.
Great Britain payments
75 Recovery of Great Britain payments.
Adjustment of child benefit
76 Child benefit - overlap with benefits under legislation of other member States.
Part IV Recovery from Compensation Payments
77 Interpretation of Part IV.
Recovery from damages, etc. of sums equivalent to benefit
78 Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases.
Payments, deductions and certificates
79 Time for making payment to Department.
80 The certificate of total benefit.
81 Exemption from deduction in cases involving small payments.
82 Multiple compensation payments.
83 Collaboration between compensators.
84 Structured settlements.
85 Insolvency.
86 Protection of legal aid charges.
87 Overpaid benefits.
88 Death.
89 Payments into court.
Administration and adjudication
90 Provision of information.
91 Applications for certificates of total benefit.
92 Liability of compensator unenforceable if certificate not issued within time limit.
93 Review of certificates of total benefit.
94 Appeals.
95 Recovery in consequence of an appeal.
96 Recovery of relevant payment in cases of default.
Miscellaneous
97 Foreign compensators: duties of intended recipient.
98 Interest on damages: reductions in respect of relevant payments.
99 The Crown.
Part V Income Support And The Duty To Maintain
100 Failure to maintain - general.
101 Recovery of expenditure on benefit from person liable for maintenance.
102 Recovery of expenditure on income support: additional amounts and transfer of orders.
103 Reduction of expenditure on income support: certain maintenance orders to be enforceable by the Department.
Part VI Enforcement
Inspection
103A Authorisations for investigators
103B Power to require information
103BA Power of Department to require electronic access to information
103C Powers of entry
104 Appointment and powers of inspectors.
104ZA Powers exercisable by officers of Inland Revenue.
104A Appointment of inspectors by the Housing Executive.
104AA Power of Housing Executive to require electronic access to information
104B Powers of inspectors appointed under section 104A.
105 Delay, obstruction etc. of inspector.
105A Dishonest representations for obtaining benefit etc.
106 False representations for obtaining benefit etc.
107 Breach of regulations.
108 Offences relating to contributions.
108A Penalties relating to contributions.
109 Offences by bodies corporate.
109A Penalty as alternative to prosecution.
109B Penalty as alternative to prosecution: colluding employers, etc.
Legal proceedings
110 Legal proceedings.
111 Questions arising in proceedings.
111A Issues arising in proceedings: contributions, etc.
Unpaid contributions etc.
112 Evidence of non-payment.
113 Recovery of unpaid contributions on prosecution.
114 Proof of previous offences.
115 Unpaid contributions - supplementary.
115A Recovery of contributions, etc.
115BLiability of directors, etc. for company’s contributions.
115CAppeals in relation to personal liability notices.
115CA Interpretation of Part VI
Part VIIInformation
Information relating to, or required for purposes of, contributions, statutory sick pay or statutory maternity pay
115D Supply of contributions, etc. information held by Inland Revenue.
115E Supply to Inland Revenue for purposes of contributions, etc. of information held by Department or Secretary of State.
Information held by tax authorities
116Supply of information held by tax authorities for fraud prevention and verification.
116ZA Supply of tax information to assess certain employment or training schemes
116AA Disclosure of contributions, etc. information by Inland Revenue.
116A Supply of information by Inland Revenue for purposes of contributions.
Other government information
116B Supply of other government information for fraud prevention and verification.
The Housing Executive
116CSupply of information to the Housing Executive.
116DSupply of information by the Housing Executive.
Persons employed or formerly employed in social security administration or adjudication
117 Unauthorised disclosure of information relating to particular persons.
Notification of deaths
118 Regulations as to notification of deaths.
Personal representatives - income support and supplementary benefit
119 Personal representatives to give information about the estate of a deceased person who was in receipt of income support or supplementary benefit.
Landlords and agents
119APower to require information from landlords and agents.
Housing benefit
120 Information for purposes of housing benefit.
Statutory sick pay and other benefits
121 Disclosure by the Department for purpose of determination of period of entitlement to statutory sick pay.
122 Duties of employers - statutory sick pay and claims for other benefits.
Statutory maternity pay and other benefits
123 Disclosure by the Department for purpose of determination of period of entitlement to statutory maternity pay.
124 Duties of employers - statutory maternity pay and claims for other benefits.
Maintenance proceedings
125 Furnishing of addresses for maintenance proceedings, etc.
Part VIII Arrangements for Housing Benefit
Housing benefit
126 Arrangements for housing benefit.
127 Housing benefit finance.
128 Claims etc.
Reports
128APersons to report on administration.
128BPowers of investigation.
128CReports.
Directions by Department
128DDirections.
128EInformation about attainment of standards.
128EE Financing of other expenditure.
128FEnforcement notices.
128GEnforcement determinations.
128HEnforcement determinations: supplementary.
Part IX Alteration of Contributions and Benefits
Alteration of contributions, etc.
129 Amendments following alterations in Great Britain.
130 Revaluation of earnings factors.
130A Revaluation of low earnings threshold
131 Statutory sick pay - power to alter limit for small employers’ relief.
Review and alteration of benefits
132 Annual up-rating of benefits.
133 Rectification of mistakes in up-rating orders.
134 Social security benefits in respect of children.
Part X Computation of Benefits
135 Effect of alteration of rates of benefit under Parts II to V of Contributions and Benefits Act.
135A Power to anticipate pensions up-rating order.
136 Up-rating under section 132 of pensions increased under section 52(3) of Contributions and Benefits Act.
137 Effect of alteration of rates of child benefit.
138 Treatment of excess benefit as paid on account of child benefit.
139 Effect of alteration in the component rates of income support.
139A Effect of alteration of rates of a jobseeker’s allowance.
139B Effect of alterations affecting state pension credit
140 Implementation of increases in income support due to attainment of particular ages.
140AImplementation of increases in income-based jobseeker’s allowance due to attainment of particular ages.
Part XI Finance
141 National Insurance Fund.
142 Destination of contributions.
143 General financial arrangements.
144 Destination of repayments, etc.
145 Adjustments between National Insurance Fund and Consolidated Fund.
146 The social fund.
147 Allocations from social fund.
148 Adjustments between social fund and other sources of finance.
Part XII Advisory Bodies and the Duty to Consult
Consultation with the Social Security Advisory Committee
149 Functions of Social Security Advisory Committee in relation to legislation and regulations.
150 Cases in which consultation with Committee is not required.
151 Committee’s report on regulations and Department’s duties.
The Disability Living Allowance Advisory Board
152 The Disability Living Allowance Advisory Board.
Part XIII Social Security Systems Outside Northern Ireland
Co-ordination
153 Co-ordination with Great Britain.
Reciprocity
154 Reciprocal arrangements with Great Britain - income-related benefits and child benefit.
155 Reciprocal agreements with countries outside the United Kingdom.
155A Exchange of information with overseas authorities
Part XIV Miscellaneous
Travelling expenses
156 Payment of travelling expenses by Department.
156A Payment of travelling expenses by the Commissioners of Inland Revenue
Offences
157 Impersonation of officers.
158 Illegal possession of documents.
Redirection of post
158AReturn of social security post.
158BRequirement to supply information about redirection of post.
National insurance numbers
158CRequirement to apply for national insurance number.
Industrial injuries and diseases
159 Research on industrial injuries, etc.
160 Control of pneumoconiosis.
Workmen’s compensation, etc.
161 Administration of workmen’s compensation etc.
Supplementary benefit etc.
162 Application of provisions of Act to supplementary benefit, etc.
Miscellaneous
163 Certain benefit to be inalienable.
164 Exemption from stamp duty.
Part XV General
Subordinate legislation
165 Regulations and orders - general.
166 Assembly, etc. control of orders and regulations.
Supplementary
167 Interpretation.
168 Short title, commencement and extent.
Social Security Administration (Northern Ireland) Act 1992
SCHEDULE 1 CLAIMS FOR BENEFIT MADE OR TREATED BEFORE 1ST OCTOBER 1990
Claims made or treated as made on or after 2nd September 1985 and before 19th November 1986
1Section 1 above shall have effect in relation to a...
Claims made or treated as made on or after 19th November 1986 and before 6th April 1987
2Section 1 above shall have effect in relation to a...
Claims made or treated as made on or after 6th April 1987 and before 23rd August 1989
3Section 1 above shall have effect in relation to a...
Claims made or treated as made on or after 23rd August 1989 and before 14th August 1990
4Section 1 above shall have effect in relation to a...
Claims made or treated as made on or after 14th August 1990 and before 1st October 1990
5Section 1 above shall have effect in relation to a...
SCHEDULE 2 COMMISSIONERS, TRIBUNALS, ETC.—SUPPLEMENTARY PROVISIONS
Tenure of offices
1(1) Subject to the following provisions of this paragraph, the...
2Part-time chairmen of such tribunals shall hold and vacate office...
Remuneration etc. for President and chairmen
3[(1)]The Department may pay, or make such payments towards the...
Officers and staff
4The President may appoint such officers and staff as he...
Clerks to social security appeal tribunals and disability appeal tribunals
5(1) The President shall assign a clerk to service the...
Miscellaneous administrative duties of President
6It shall be the duty of the President—
Remuneration etc.
7The Lord Chancellor shall pay to a Commissioner such salary...
8(1) The Department may pay— (a) to any person specified...
Certificates of decisions
9A document bearing a certificate which— (a) is signed by...
SCHEDULE 3REGULATIONS AS TO PROCEDURE
Interpretation
1In this Schedule “competent tribunal” means— (a) a Commissioner;
Provision which may be made
2Provision prescribing the procedure to be followed in connection with...
3Provision as to the striking out of proceedings for want...
4Provision as to the form which is to be used...
5Provision as to the time to be allowed—
6Provision as to the manner in which, and the time...
7Provision for summoning persons to attend and give evidence or...
8Provision for authorising a competent tribunal consisting of two or...
9Provision for giving the chairman of a competent tribunal consisting...
10Provision empowering the chairman of a social security appeal tribunal,...
11Provision for the non-disclosure to a person of the particulars...
12Provision for requiring or authorising the Department to hold, or...
SCHEDULE 4 PERSONS EMPLOYED IN SOCIAL SECURITY ADMINISTRATION OR ADJUDICATION
Part I The Specified Persons
Government departments
Other public departments and offices
The Housing Executive etc.
Adjudication officers
Adjudicating bodies
The Disability Living Allowance Advisory Board for Northern Ireland
The Occupational Pensions Board
The social fund
Former statutory bodies
Part II Construction of References to Government Departments Etc.
1(1) The reference in Part I of this Schedule to...
2The reference in Part I of this Schedule to the...
3The reference in Part I of this Schedule to the...
4The reference in Part I of this Schedule to the...
SCHEDULE 5 REGULATIONS NOT REQUIRING PRIOR SUBMISSION TO SOCIAL SECURITY ADVISORY COMMITTEE
Disability living allowance
1Regulations under section 72(3) or 73(10) of the Contributions and...
Industrial injuries
2Regulations relating only to industrial injuries benefit.
Up-rating, etc.
3Regulations which state that they contain only provisions in consequence...
Earnings limits
4Regulations under section 5 of the Contributions and Benefits Act...
Married women and widows—reduced rate contributions
5Regulations under section 19(4)(a) of the Contributions and Benefits Act....
Child benefit
6Regulations prescribing the rate or any of the rates of...
7Regulations varying social security benefits following an increase of the...
Statutory maternity pay and statutory sick pay
8Regulations under section 154 or 163 of the Contributions and...
Consolidation, etc.
9Regulations made for the purpose only of consolidating other regulations...
10Regulations making only provision corresponding to provision contained in regulations...
SCHEDULE 5A Regulations not requiring prior submission to Industrial Injuries Advisory Council
1Regulations under section 120(1)(b) of the Contributions and Benefits Act....
2Regulations which state that they contain only provisions in consequence...
3Regulations made within a period of 6 months from the...
4Regulations which state that they contain only regulations making with...
5Regulations which state that the only provision with respect to...
6Regulations made for the purpose only of consolidating other regulations...
7Regulations making only provision corresponding to provision contained in regulations...
SCHEDULE 6 OLD CASES PAYMENTS ADMINISTRATION
Provisions ancillary to paragraph 2 of Schedule 8 to Contributions and Benefits Act
1(1) The provisions of this paragraph shall have effect with...
Adjustment of benefit in certain cases
2(1) Regulations under paragraph 2 of Schedule 8 to the...
Overpayments
3Regulations under paragraph 2 of Schedule 8 to the Contributions...
SCHEDULE 7 SUPPLEMENTARY BENEFITS, ETC.
Claims and payments
1(1) Section 5 above shall have effect in relation to...
Adjudication
2(1) Sections 18 to 27, 34 to 41 and 49...
Overpayments etc.
3(1) Section 69 above shall have effect in relation to...
Inspection
4Section 104 above shall have effect as if it also...
Legal proceedings
5Section 110 above shall have effect as if any reference...
TABLE OF DERIVATIONS

Social Security Administration (Northern Ireland) Act 1992

1992 c. 8

An Act to consolidate for Northern Ireland certain enactments relating to the administration of social security and related matters, with corrections and minor improvements under the Consolidation of Enactments (Procedure) Act 1949.

I1E1C1C2C3C4C5C6C7C8C9Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:
Commencement Information
I1

Act wholly in force at 1.7.1992 see s. 168(4)

Extent Information
E1

This Act extends to Northern Ireland only except as provided by s. 168(6).

Modifications etc. (not altering text)
C4

Act modified (27.7.1992) by S.R. 1992/328, art. 2

C5

Act modified (31.12.1992) by S.R. 1992/560, art. 2

C6

Act modified (31.12.1992) by S.R. 1992/561, art. 2

C7

Act modified (31.12.1992) by S.R. 1992/562, art. 2

C8

Act modified (31.12.1992) by S.R. 1992/563, art. 2

C9

Act modified (31.12.1992) by S.R. 1992/564, art. 2

Act modified (4.7.1994) by S.R. 1994/262, art. 2, Sch.

Act modified (2.11.1994) by S.R. 1994/427, art. 2, Sch.

Act modified (13.4.1995) by S.R. 1995/110, art. 2, Schs. 1-3

Act modified (13.4.1995) by S.I. 1995/150, art. 24

Act modified (1.12.1995) by S.R. 1995/405, art. 2, Schs. 1-3 (as amended (15.7.2015) by S.R. 2015/281, regs. 1(1), 3(2))

Act modified (6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 123, Sch. 2 Pt. I para. 1; S.R. 1997/192, art. 2 (with transitional provisions in arts. 3-13)

Act modified (9.9.1998) by S.I. 1998/1506 (N.I. 10), art. 4(1)(2)(c); S.R. 1998/312, art. 2, Sch. Pt. I

Act: power to modify (temp.) conferred (24.3.1999) by S.I. 1999/671, arts. 1(2)(c), 14(1)(2)(b), Sch. 6

Act amended (5.7.1999, 6.9.1999, 5.10.1999, 18.10.1999 and 29.11.1999 for different purposes, otherwise prosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 9; S.R. 1999/310, art. 2(1)(b), Sch. 1 (with arts. 4, 14); S.R. 1999/371, art. 2(b), Sch. 1 (with arts. 4, 18); S.R. 1999/407, art. 2(b), Sch. (with art. 4); S.R. 1999/428, art. 2(b), Sch. 1 (with arts. 4, 16) and S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22 and subject to art. 2(2) of that S.R.)

Act modified (1.9.1999) by S.R. 1999/349, reg. 2(2), Sch.

Act modified (1.9.1999) by S.R. 1999/350 reg. 2(2), Sch.

Act (except Pt. XII): certain functions transferred (5.10.1999) by 1999 c. 10, ss. 2, 20, Sch. 2 para. 7(d)

Act modified (5.10.1999) by 1999 c. 10, ss. 2, 20, Sch. 2 para. 31

Act: power to modify conferred (5.10.1999) by 1999 c. 10, ss. 2, 20, Sch. 2 para. 35

Act: functions transferred from the Department of Health and Social Services to the Department for Social Development (1.12.1999) by S.R. 1999/481, art. 8(b), Sch. 6 Pt. II

Act excluded (1.12.1999 for certain purposes, otherwise 1.12.2000) by 1992 c. 7, s. 55C(6) (as inserted by S.I. 1999/3147 (N.I. 11), art. 47(1)(2), Sch. 6 para. 3; S.R. 2000/133, art. 2(3), Sch. Pt. IV)

Act modified (1.8.2000) by S.R. 2000/246, art. 2, Sch.

Act modified (1.12.2000) by S.R. 2000/377, art. 2, Sch.