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Social Security Administration (Northern Ireland) Act 1992, Section 139 is up to date with all changes known to be in force on or before 02 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Subject to such exceptions and conditions as may be prescribed, where—
(a)an award of income support is in force in favour of any person (“the recipient”); and
(b)there is an alteration in any of the relevant amounts, that is to say—
(i)any of the component rates of income support;
(ii)any of the other sums specified in regulations under Part VII of the Contributions and Benefits Act; or
(iii)the recipient’s benefit income; and
(c)the alteration affects the computation of the amount of income support to which the recipient is entitled,
then subsection (2) or (3) below (as the case may be) shall have effect.
(2)Where, in consequence of the alteration in question, the recipient becomes entitled to an increased or reduced amount of income support (“the new amount”), then, as from the commencing date, the amount of income support payable to or for the recipient under the award shall be the new amount, without any further decision of [F1the Department], and the award shall have effect accordingly.
(3)Where, notwithstanding the alteration in question, the recipient continues on and after the commencing date to be entitled to the same amount of income support as before, the award shall continue in force accordingly.
(4)In any case where—
(a)there is an alteration in any of the relevant amounts; and
(b)before the commencing date (but after that date is fixed) an award of income support is made in favour of a person,
the award either may provide for income support to be paid as from the commencing date, in which case the amount shall be determined by reference to the relevant amounts which will be in force on that date, or may provide for an amount determined by reference to the amounts in force at the date of the award.
(5)In this section—
“alteration” means—
in relation to—
the component rates of income support; or
any other sums specified in regulations under Part VII of the Contributions and Benefits Act,
their alteration by or under any statutory provision whether or not contained in that Part; and
(b)in relation to a person’s benefit income, the alteration of any of the applicable sums—
(i)by any statutory provision; or
(ii)by an order under section 132 [F2, 132A] [F3, 132B] or 133 above,
to the extent that any such alteration affects the amount of his benefit income;
[F4“applicable sums” means sums to which an order made under [F5section 132, 132A or 132B] above corresponding to an order made under [F6section 150, 150A or 151A] (as the case may be) of the Great Britain Administration Act may apply;]
“benefit income”, in relation to any person, means so much of his income as consists of—
“the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in the case of the person in question;
“component rate”, in relation to income support, means the amount of—
the sum referred to in section 125(5)(b)(i) and (ii) of the Contributions and Benefits Act; or
any of the sums specified in regulations under section 131(1) of that Act;
“relevant amounts” has the meaning given by subsection (1)(b) above.
Textual Amendments
F1Words in s. 139(2) substituted (29.11.1999 for certain purposes, otherwiseprosp.) by S.I. 1998/1506 (N.I. 10), arts. 1(2), 78(1), Sch. 6 para. 73; S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of the said S.R. 1999/472)
F2Word in s. 139(5) inserted (with effect in accordance with s. 5(3)(4) of the amending Act) by Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 1 para. 23(a)
F3Words in s. 139(5) inserted (28.9.2016) by The Pensions (2015 Act) (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/353), arts. 1(a), 2(2)(a)
F4Words in s. 139(5) substituted (with effect in accordance with s. 5(3)(4) of the amending Act) by Pensions Act (Northern Ireland) 2008 (c. 1), Sch. 1 para. 23(b)
F5Words in s. 139(5) substituted (28.9.2016) by The Pensions (2015 Act) (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/353), arts. 1(a), 2(2)(b)(i)
F6Words in s. 139(5) substituted (28.9.2016) by The Pensions (2015 Act) (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/353), arts. 1(a), 2(2)(b)(ii)
F7Words in s. 139(5) inserted (28.9.2016) by The Pensions (2015 Act) (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/353), arts. 1(a), 2(2)(c)
F8Words in s. 139(5) inserted (20.6.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 9 para. 15; S.R. 2016/215, art. 3(2)
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