Pension Schemes (Northern Ireland) Act 1993

165 Determination of questions by Department. N.I.

(1) The questions to which section 15(1) of the M1 Social Security Administration (Northern Ireland) Act 1992 (questions for determination by the Department) applies include—

(a) any question as to the amount of a person’s guaranteed minimum for the purposes of section 9 or 13;

(b) any question—

(i) whether a state scheme premium is payable or has been paid in any case or as to the amount of any such premium; or

(ii) otherwise arising in connection with any state scheme premium;

(c) any question whether for the purposes of this Act a cash sum paid or an alternative arrangement made under the M2 Policyholders Protection Act 1975 provides the whole or any part of the guaranteed minimum pension to which an earner or an earner’s widow or widower was entitled under a contracted-out scheme; and

(d) any question arising in connection with minimum contributions or payments under Article 9 of the M3 Social Security (Northern Ireland) Order 1986,

other than a question such as is mentioned in paragraph (b)(ii) or (d) which is required by virtue of this Act to be determined by the Board.

(2) The Department may make any determination required by subsection (1)(c) on such basis as it considers appropriate.

(3) Any question arising under this Act as to whether the employment of an earner in employed earner’s employment at any time is or was contracted-out employment in relation to him shall be referred by the Department to the Board and determined by them.

(4) Neither section 15(1) nor section 18(1) of the M4 Social Security Administration (Northern Ireland) Act 1992 (questions for determination by adjudication officers) shall apply to any such question as is mentioned in subsection (3).

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (7) Sections 16 and 17 of the Social Security Administration (Northern Ireland) Act 1992 (appeals and reviews) shall have effect as if the questions mentioned in subsection (1) of section 15 of that Act included—

(a) any question arising in connection with the issue, cancellation or variation of contracting-out certificates or appropriate scheme certificates, not being a question mentioned in subsection (1)(e) above, and

(b) any other question arising under this Act which falls to be determined by the Department, not being a question mentioned in that subsection.

(8) Regulations may make provision with respect to the procedure to be adopted on any application for a review made under section 17 of that Act by virtue of subsection (7) above and generally with respect to such applications and reviews, but may not prevent such a review being entered upon without an application being made.]

Textual Amendments

F1 S. 165(5)(6) repealed (1.1.1996) by S.I. 1995/3213 (NI 22), arts. 119, 168, Sch. 1 para. 34, Sch. 5 Pt. I; S.R. 1995/477, art. 2(b), Sch. Pt. II

F2 S. 165(7)(8) added (6.4.1996 for certain purposes otherwiseprosp.) by S.I. 1995/3213 (N.I. 22), arts. 1(2), 147, Sch. 3 para. 60(c); S.R. 1996/91, art. 2(d), Sch. Pt IV

Modifications etc. (not altering text)

C1 S. 165(1) modified (28.3.1997) by S.R. 1997/192, art. 4(2) (with art. 9)

Marginal Citations

M1 1992 c. 8.

M2 1975 c. 75.

M3 S.I. 1986/1888 (N.I. 18).

M4 1992 c. 8.