Social Security Administration (Northern Ireland) Act 1992

Section 161.

SCHEDULE 6 N.I. OLD CASES PAYMENTS ADMINISTRATION

Provisions ancillary to paragraph 2 of Schedule 8 to Contributions and Benefits Act N.I.

1 (1) The provisions of this paragraph shall have effect with respect to regulations under paragraph 2 of Schedule 8 to the Contributions and Benefits Act, and any such regulations are hereafter in this paragraph referred to as “the regulations”. N.I.

(2) The regulations shall in particular make provision—

(a) for enabling claims for or in respect of allowances to be made to the Department in such manner as the regulations may provide;

(b) for the determination by the Department of questions arising on or in connection with any such claims or on or in connection with the regulations and for conferring a right of appeal from any decision of the Department on any such question to a Commissioner;

(c) for the review of such decisions in such circumstances and in such manner as the regulations may provide.

(3) Without prejudice to the generality of sub-paragraph (2) above, the regulations may make provision—

(a) for enabling any class or description of such questions as are mentioned in sub-paragraph (2)(b) above to be determined as if they had arisen under Parts II to VI of the Contributions and Benefits Act;

(b) as to the procedure to be followed in connection with the consideration and determination of claims and questions by the Department and the Commissioner;

(c) for applying, with or without modifications, section 163(1) and (2) above, or for making provision corresponding to those subsections;

(d) for requiring persons claiming or receiving allowances to furnish information and evidence and to undergo medical or other examination;

(e) for requiring the repayment to the Department in whole or in part of payments under paragraph 2 of Schedule 8 to the Contributions and Benefits Act subsequently found not to have been due, for the deduction of any sums so required to be repaid from payments under paragraph 2 of that Schedule or by way of industrial injuries benefit, and for the deduction from payments under that paragraph of any sums which may by virtue of any provision of this Act be recovered by deduction from any payment by way of such benefit.

(4) Subject to any provisions of the regulations for reviewing decisions, the decision in accordance with the regulations of any question arising under the regulations shall be final for the purposes of Schedule 8 to the Contributions and Benefits Act.

(5) Regulations varying earlier regulations may do so in such a way as to make allowances payable, or payable at an increased rate, under the earlier regulations in respect of periods before the making of the later regulations.

(6) The Department may make such payments in connection with the administration of the regulations (including payments on account of travelling expenses or loss of remunerative time or both to persons required to undergo medical or other examination or to attend any hearing for the purpose of determining questions arising under the regulations) as it may, with the consent of the Department of Finance and Personnel, determine.

(7) Notwithstanding anything in this Act [F1 , Chapter II of Part II of the Social Security (Northern Ireland) Order 1998]or the Contributions and Benefits Act, the regulations shall not require a person to submit himself to medical treatment.

Textual Amendments

F1 Words in Sch. 6 para. 1(7) inserted (5.7.1999 for certain purposes, otherwiseprosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78(1), Sch. 6 para. 90; S.R. 1999/310, art. 2(1)(b), Sch. 1 (with arts. 4, 14)

Adjustment of benefit in certain cases N.I.

2 (1) Regulations under paragraph 2 of Schedule 8 to the Contributions and Benefits Act may include provisions for adjusting the rate of, or extinguishing any right to, an allowance under that paragraph in a case where the same person is, or would otherwise be, entitled separately in respect of two or more injuries or diseases to an allowance under that paragraph. N.I.

(2) Where, immediately before 10th May 1966, a person was receiving payments by way of one or more allowances under the M1 Workmen’s Compensation (Supplementation) Act (Northern Ireland) 1951 or the M2 Workmen’s Compensation (Supplementation) Act (Northern Ireland) 1956 of a greater amount or aggregate amount than, but for the provisions of this sub-paragraph, he would have been entitled to receive after the commencement of the Old Cases Act by way of allowances under section 2 of that Act, he shall continue to be entitled to that greater amount or aggregate amount for any period after the commencement of that Act for which he would have so continued if the M3 Workmen’s Compensation (Supplementation) Act (Northern Ireland) 1966 and the Old Cases Act had not been passed.

Marginal Citations

M1 1951 c. 16 (N.I.).

M2 1956 c. 9 (N.I.).

M3 1966 c. 14 (N.I.).

Overpayments N.I.

3 N.I. Regulations under paragraph 2 of Schedule 8 to the Contributions and Benefits Act may make provision in relation to allowances under that Schedule corresponding to the provision made by section 69 above in relation to the benefits to which it applies.