Part II C3 Adjudication

Annotations:
Modifications etc. (not altering text)
C3

Part II (ss. 15-68): Power to modify conferred (1.7.1992) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), ss. 116(2), 171(8), 173(4) (with s. 108(5))

Part II (ss. 15-68): Power to modify conferred (1.7.1992) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), ss. 117(1), 171(8), 173(4) (with s. 108(5))

Part II (ss. 15-68): Power to modify conferred (1.7.1992) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), ss. 119, 171(8), 173(4) (with s. 108(5))

Part II (ss. 15-68) amended (25.8.1995) by S.R. 1995/293, reg. 43(2)

Part II (ss. 15-68) applied (with modifications) (25.8.1995) by S.R. 1995/293, reg. 44(2)(a)

Part II (ss. 15-68): power to modify (temp.) conferred (24.3.1999) by S.I. 1999/671, arts. 1(2)(c), 14(2)(a)

Part. II (ss. 15-68) (except ss. 22 and 50) ceased to have effect (5.7.1999, 6.9.1999, 5.10.1999, 18.10.1999 and 29.11.1999 for different purposes, otherwiseprosp.) by virtue of S.I. 1998/1506 (N.I. 10), arts. 1(2), 39(3) (with transitory provisions in Sch. 5); 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.)

Adjudication by the Department

C1F115 Questions for the Department.

C21

Subject to this Part of this Act, any of the following questions shall be determined by the Department—

a

a question whether a person is an earner and, if he is, as to the category of earners in which he is to be included;

b

subject to subsection (2) below, a question whether the contribution conditions for any benefit are satisfied, or otherwise relating to a person’s contributions or his earnings factor;

c

a question whether a Class 1A contribution is payable or otherwise relating to a Class 1A contribution;

d

a question whether a person is or was employed in employed earner’s employment for the purposes of Part V of the Contributions and Benefits Act;

e

a question as to whether a person was, within the meaning of regulations, precluded from regular employment by responsibilities at home;

f

any question as to which surpluses are to be taken into account under section 45(1) of the Contributions and Benefits Act;

g

any question arising under any provision of Part XI of the Contributions and Benefits Act or this Act, or under any provision of regulations F2or an order under that Part, as to—

i

whether a person is, or was, an employee or employer of another;

ii

whether an employer is entitled to make any deduction from his contributions payments in accordance with F3an order under section 155A of the Contributions and Benefits Act;

iii

whether a payment falls to be made to an employer in accordance with the regulations F4or order;

iv

the amount that falls to be so deducted or paid;

v

the amount of an employer’s contributions payments for any period for the purposes of F5an order under section 155A of the Contributions and Benefits Act; or

vi

whether two or more employers or two or more contracts of service are, by virtue of regulations made under section 159(5) of that Act, to be treated as one; F6. . .

h

any question arising under any provision of Part XII of that Act or this Act, or under any provision of regulations under that Part, as to—

i

whether a person is, or was, an employee or employer of another;

ii

whether an employer is entitled to make any deduction from his contributions payments in accordance with regulations under section 163 of the Contributions and Benefits Act;

iii

whether a payment falls to be made to an employer in accordance with the regulations;

iv

the amount that falls to be so deducted or paid; or

v

whether two or more employers or two or more contracts of service are, by virtue of regulations made under section 167(2) of that Act, to be treated as one F7; and

i

any question arising under Article 29 of the Jobseekers (Northern Ireland) Order 1995, or under any provision of regulations under that Article, as to—

i

whether a person is, or was, an employee or employer of another;

ii

whether an employer is entitled to make any deduction from his contributions payments in accordance with regulations under Article 29 of that Order;

iii

whether a payment falls to be made to an employer in accordance with those regulations;

iv

the amount that falls to be so deducted or paid; or

v

whether two or more employers are, by virtue of regulations under Article 29 of that Order, to be treated as one.

and any question arising under regulations made by virtue of paragraph (c), (d) or (f) of section 160(9) of that Act.

2

Subsection (1)(b) above includes any question arising—

a

under section 17(1) of the Contributions and Benefits Act as to whether by regulations under that subsection a person is excepted from liability for Class 4 contributions, or his liability is deferred; or

b

under regulations made by virtue of section 17(3) or (4) or 18 of that Act;

but not any other question relating to Class 4 contributions, nor any question within section 18(1)(c) below.

3

Regulations may make provision restricting the persons who may apply to the Department for the determination of any such question as is mentioned in subsection (1) above.

4

The Department may, if it thinks fit, before determining any such question as is mentioned in subsection (1) above, appoint a person to hold an inquiry into the question, or any matters arising in connection with it, and to report on the question, or on those matters, to the Department.