An Act to make provision for repeals, consequential amendments, transitional and transitory matters and savings in connection with the consolidation of enactments in the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Social Security Administration (Northern Ireland) Act 1992 with corrections and minor improvements under the Consolidation of Enactments (Procedure) Act 1949.
[13th February 1992]
Be 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:—
In this Act—
“the consolidating Acts” means the [1992 c. 7.] Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the Contributions and Benefits Act”), the [1992 c. 8.] Social Security Administration (Northern Ireland) Act 1992 (“the Administration Act”) and, so far as it reproduces the effect of the repealed enactments, this Act; and
“the repealed enactments” means the enactments repealed by this Act.
(1) The substitution of the consolidating Acts for the repealed enactments does not affect the continuity of the law.
(2) Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Acts, as if done under or for the purposes of that provision.
(3) Any reference, whether express or implied, in the consolidating Acts or any other enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.
(4) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of the consolidating Acts.
(1) The enactments mentioned in Schedule 1 to this Act are repealed to the extent specified in the third column of that Schedule (being repeals consequential on the consolidating Acts).
(2) The repeals have effect subject to any relevant savings in Schedule 3 to this Act.
The enactments mentioned in Schedule 2 to this Act shall have effect with the amendments there specified (being amendments consequential on the consolidating Acts).
(1) The transitional provisions and savings in Schedule 3 to this Act shall have effect.
(2) Nothing in that Schedule affects the general operation of section 16 of the [1978 c. 30.] Interpretation Act 1978 (general savings implied on repeal) or of the previous provisions of this Act.
The transitory modifications in Schedule 4 to this Act shall have effect.
(1) This Act may be cited as the Social Security (Consequential Provisions) (Northern Ireland) Act 1992.
(2) This Act shall come into force on 1st July 1992, immediately after the [1992 c. 6.] Social Security (Consequential Provisions) Act 1992 .
(3) Except as provided by subsections (4) to (6) below, this Act extends to Northern Ireland only.
(4) Section 2 above and this section extend to the whole of the United Kingdom.
(5) Where any enactment repealed or amended by this Act extends to any part of the United Kingdom, the repeal or amendment extends to that part.
(6) Section 4 above extends to the Isle of Man so far is it relates to paragraph 21 of Schedule 2 to this Act.
Section 3.
| Chapter or Number | Short title | Extent of repeal |
|---|---|---|
| 1974 c. 4 (N.I.). | The National Insurance Measure (Northern Ireland) 1974. | Section 5(1), (3) and (4). |
| 1975 c. 15. | The Social Security (Northern Ireland) Act 1975. | The whole Act, except sections 97(4) and 158 and paragraphs 5(2), 6, 7 and 7A of Schedule 10. |
| 1975 c. 17. | The Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975. | The whole Act. |
| 1975 c. 18. | The Social Security (Consequential Provisions) Act 1975. | In Schedule 2, paragraphs 73, 74, 77, 80, 87, 108, 110 and 112.In Schedule 3, in paragraph 31 the words “17, 18, 20”. |
| 1975 c. 25. | The Northern Ireland Assembly Disqualification Act 1975. | In Part II of Schedule 1 the entry beginning “A Medical Board”. |
| 1975 c. 60. | The Social Security Pensions Act 1975. | In Schedule 4, paragraphs 68 to 70 and 71(a) and (b). |
| S.I. 1975/1503 (N.I. 15). | The Social Security Pensions (Northern Ireland) Order 1975. | In Article 2(3), in sub-paragraph (a) the words “Part II and” and in sub-paragraph (b) the words “(except Article 24)”.Part II.Articles 8 to 12.Articles 14 to 18A.Articles 20 to 23.Articles 26 and 27.Article 52A(13).Article 70(1)(a).In Article 70A, the words “8(3),” and “of, and paragraphs 2(3) and 4A of Schedule 1”.Article 74(3).Schedule 1.In Schedule 5, paragraphs 17 to 28, 33, 36 to 42 and 44. |
| S.I. 1975/1504 (N.I. 16). | The Child Benefit (Northern Ireland) Order 1975. | The whole Order. |
| S.I. 1976/427 (N.I. 9). | The Social Security and Family Allowances (Northern Ireland) Order 1976. | The whole Order. |
| S.I. 1976/1043 (N.I. 16). | The Industrial Relations (Northern Ireland) Order 1976. | Article 72(3). |
| 1977 c. 5. | The Social Security (Miscellaneous Provisions) Act 1977. | Section 20(3) and (4). |
| S.I. 1977/610 (N.I. 11). | The Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977. | Article 1(5).In Article 2(2) the definitions of “the 1966 Act”, “the Old Cases Act” and “the principal Act”.Article 2(3).Article 3.Article 4(1).Articles 5 to 7.Articles 9 and 10.Articles 13 and 14.Article 16.Article 18(1) to (5), (16), (17) and (25).In Article 19(3), the words from the beginning to “principal Act”. |
| S.I. 1977/2156 (N.I. 27). | The Supplementary Benefits (Northern Ireland) Order 1977. | Articles 28 and 29.In Schedule 6, paragraph 19. |
| 1978 c. 23. | The Judicature (Northern Ireland) Act 1978. | In Schedule 5, in Part II, the amendment to the Social Security (Northern Ireland) Act 1975. |
| 1979 c. 18. | The Social Security Act 1979. | Section 9(2). |
| S.I. 1979/396 (N.I. 5). | The Social Security (Northern Ireland) Order 1979. | Article 1(3) and (5).In Article 2(2) the definitions of “the principal Act” and “the Order of 1977”.Article 3.Articles 5 and 6.Articles 11 to 13.Article 15.Schedule 1.In Schedule 3, paragraphs 3 to 7, 9 to 11, in paragraph 15 the words “8(3) and” and paragraphs 16, 22, 23 and 28 to 30. |
| S.I. 1979/1573 (N.I. 12). | The Statutory Rules (Northern Ireland) Order 1979. | In Schedule 4, paragraphs 16 and 17. |
| 1980 c. 30. | The Social Security Act 1980. | Section 9(3) and (4).Section 10.Sections 13 and 14.In Schedule 3, Part II. |
| S.I. 1980/870 (N.I. 8). | The Social Security (Northern Ireland) Order 1980. | In Article 2(2) the definitions of “the principal Act” and “the Supplementary Benefits Commission”.Article 3.In Article 4, paragraphs (1) and (10).Article 5(2), (5), (6) and (7).Article 6(1).Article 7(2) to (4).Articles 9 and 10.Articles 12 to 14.Article 15(2).Schedule 1.In Schedule 2, Part II.In Schedule 3, paragraph 8. |
| S.I. 1980/1087 (N.I. 13). | The Social Security (No. 2) (Northern Ireland) Order 1980. | The whole Order. |
| S.I. 1981/230 (N.I. 9). | The Social Security (Contributions) (Northern Ireland) Order 1981. | The whole Order. |
| S.I. 1981/1118 (N.I. 25). | The Social Security (Northern Ireland) Order 1981. | The whole Order. |
| S.I. 1981/1675 (N.I. 26). | The Magistrates' Courts (Northern Ireland) Order 1981. | In Schedule 6, paragraphs 34, 35 and 135. |
| S.I. 1982/158 (N.I. 4). | The Social Security (Contributions) (Northern Ireland) Order 1982. | The whole Order. |
| S.I. 1982/1082 (N.I. 14). | The Forfeiture (Northern Ireland) Order 1982. | In Article 6(5), the entry relating to the Child Benefit (Northern Ireland) Order 1975. |
| S.I. 1982/1084 (N.I. 16). | The Social Security (Northern Ireland) Order 1982. | Articles 3 to 9.Article 11.Articles 19 and 20.Articles 24, 25 and 25A.Articles 28 to 30.Article 32(1) to (4).Article 35.In Article 36(2) the words “those to which section 156(1) of the principal Act applies and”.Schedule 1.In Schedule 2, paragraphs 1 to 4.In Schedule 4, paragraphs 3 to 6, 8, 12, 17, 18, 19 and 21. |
| S.I. 1983/1524 (N.I. 17). | The Social Security Adjudications (Northern Ireland) Order 1983. | The whole Order, except Articles 1, 2, 3(3)(a) and 4(3)(a). |
| S.I. 1984/1158 (N.I. 8). | The Health and Social Security (Northern Ireland) Order 1984. | Articles 5 to 8.Articles 10 to 12.Schedules 2 and 3.In Schedule 5, paragraphs 1, 2, 4 and 7 to 9. |
| S.I. 1985/1209 (N.I. 16). | The Social Security (Northern Ireland) Order 1985. | Articles 9 to 15.Article 18.Article 20.Article 23.In Schedule 3, paragraph 1.In Schedule 4, paragraphs 2 and 4 to 7.In Schedule 5, paragraphs 3 to 8 and 31. |
| 1986 c. 50. | The Social Security Act 1986. | In Schedule 9, paragraphs 1, 3(1)(c) and (2)(a) to (g) and (j), 11 and 12. |
| S.I. 1986/1888 (N.I. 18). | The Social Security (Northern Ireland) Order 1986. | In Article 2(2), the definition of “applicable amount”, paragraphs (c) and (d) of the definition of “the benefit Acts”, the definitions of “dwelling”, “housing benefit scheme”, “income-related benefit”, “long-term benefit”, “primary Class 1 contributions”, “secondary Class 1 contributions”, “qualifying benefit”, “rate rebate”, “rent rebate”, “rent allowance”, “rates”, “trade dispute”, “war disablement pension” and “war widow’s pension”.Articles 19 to 25B.Articles 27 to 37.Article 38(1).Article 39.Articles 41 to 52.Article 53(3) to (10).Article 54.Article 56.In Article 57, in paragraph (1) the words from “or the Department” to “Executive”, in paragraph (2)(a), the words “other than an offence relating to housing benefit”, paragraph (2)(b) and the word “and” immediately preceding it, in paragraph (3)(a) the words “or of the Department of the Environment”, paragraph (3)(b) and the word “and” immediately preceding it and paragraph (3A).Article 59.Articles 62 to 70.Article 71(1).Articles 74 and 75.Article 79(3) and (4).In Article 80(1), the words “and VI”.Article 81(2).Article 81(5) and (6). |
| S.I. 1986/1888 (N.I. 18). | The Social Security (Northern Ireland) Order 1986. | In Article 82, paragraph (1)(c) and (d), paragraph (2), in paragraph (3) the words “and (5)”, paragraph (5), in paragraph (6) the words from “and sums” to the end and paragraphs (7) to (10).Schedule 3, except paragraph 17.Schedule 4.In Schedule 5, paragraphs 1 to 17 and in Part II, paragraphs (b) and (c).Schedules 6 and 7.In Schedule 8, paragraphs 1 to 5.In Schedule 9, paragraphs 1, 27(b), 28 to 30, 32, 36(2), 37 to 46, 49 to 51, 53 to 57, 59, 60, 62, 64, 65, 67 to 74 and 76(a). |
| S.I. 1987/464 (N.I. 8). | The Social Fund (Maternity and Funeral Expenses) (Northern Ireland) Order 1987. | The whole Order. |
| 1988 c. 1. | The Income and Corporation Taxes Act 1988. | In Schedule 29, paragraph 14 and in paragraph 32, the entries relating to the Social Security (Northern Ireland) Act 1975 and the Social Security (Northern Ireland) Order 1986. |
| 1988 c. 39. | The Finance Act 1988. | In Schedule 3, paragraph 31. |
| S.I. 1988/594 (N.I. 2). | The Social Security (Northern Ireland) Order 1988. | In Article 1(4) the words from “Article 3” to “that Order”.Articles 3 to 9.Articles 11 and 12.In Article 15A(2) the words “those to which section 156(1) of the principal Act applies and”.Article 16(1).Schedule 1.In Schedule 2, paragraph 1(1).Schedules 3 and 4. |
| S.I. 1988/1087 (N.I. 10). | The Employment and Training (Amendment) (Northern Ireland) Order 1988. | Articles 5 and 6. |
| S.I. 1989/1342 (N.I. 13). | The Social Security (Northern Ireland) Order 1989. | In Article 2(2), the definitions of “the Old Cases Act” and “the 1982 Order”.Articles 3 to 5.Article 6(1) to (4).Article 7.Article 8(1).Article 9(1) to (5).Articles 11 to 21.Article 23.Article 24(1) to (6) and (8).Article 28.In Article 29(1) the words “3 to 6” and “11 to 14 and 24”.Article 29(2) and (3).In Article 30, paragraph (2), in paragraph (3) the words from “those to” to “applies and” and paragraph (5).In Schedule 1, paragraphs 1 to 10.Schedules 2 and 3.In Schedule 4, paragraphs 1 to 21 and 23.Schedule 7, except paragraph 18.In Schedule 8, paragraphs 1 to 8, 9(1), 10, 11 and 13 to 18. |
| 1990 c. 1. | The Capital Allowances Act 1990. | In Schedule 1, paragraph 2. |
| 1990 c. 27. | The Social Security Act 1990. | Section 17(8) and (9).In Schedule 1, paragraph 5(4). |
| 1990 c. 37. | The Human Fertilisation and Embryology Act 1990. | In Schedule 4, paragraph 3. |
| S.I. 1990/1511 (N.I. 15). | The Social Security (Northern Ireland) Order 1990. | In Article 2(2), the definitions of “the 1982 Order”, “the 1986 Order”, “the 1989 Order”, and “the Old Cases Act”.Articles 3 to 7.Article 8(1) to (3).Articles 10 to 12.Articles 18 and 19.In Schedule 1, paragraphs 1 to 5.Schedule 5.In Schedule 6, paragraphs 1, 2(1) and (2), 3 to 5, 6(1) to (5), (7), (8), (10), (16) and in (17) the words from “section 5” to “that section, and” and paragraphs 7 to 15, 16(2), 17 and 19. |
| S.I. 1991/194 (N.I. 1). | The Health and Personal Social Services (Northern Ireland) Order 1991. | In Part II of Schedule 5, the amendments to the Social Security (Northern Ireland) Order 1982 and the Social Security (Northern Ireland) Order 1986. |
| S.I. 1991/765 (N.I. 9). | The Statutory Sick Pay (Northern Ireland) Order 1991. | Articles 3 and 4.Article 5(1)(a) and (b) and (3) to (5). |
| S.I. 1991/1712 (N.I. 17). | The Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991. | Article 3.Article 4(1).Article 5.Article 6(1).Articles 7 and 8.Article 9(1).Articles 10 and 11.Articles 13 and 14.Schedule 1.In Schedule 2, paragraphs 2 to 4, 6 to 9 and 11 to 13.In Schedule 3, Part I. |
| S.I.1991/2294 (N.I. 22). | The Social Security (Contributions) (Northern Ireland) Order 1991. | The whole Order. |
| 1992 c. 6. | The Social Security (Consequential Provisions) Act 1992. | In Schedule 2, paragraphs 12 to 14. |
Section 4.
1 In section 3 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948—
(a) in subsection (1)(a), for the words “Article 24 of the Social Security (Northern Ireland) Order 1989” there shall be substituted the words “section 77 of the Social Security Administration (Northern Ireland) Act 1992”; and
(b) in subsection (1A), for the words “paragraph 4(1) of Schedule 4 to the Social Security (Northern Ireland) Order 1989” there shall be substituted the words “section 81(1) of the Social Security Administration (Northern Ireland) Act 1992”.
2 (1) In section 5(3) of the Employment and Training Act (Northern Ireland) 1950 for the words “paragraph 1 of Schedule 3 to the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “paragraph 1 or 2 of Schedule 3 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
(2) In section 5(4) of that Act for the words “the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
3 (1) In sections 3, 16 and 20 of the Judicial Pensions Act (Northern Ireland) 1951 for the words “National Insurance” there shall be substituted the words “Social Security”.
(2) In section 22(1) of that Act for the definition of “National Insurance Commissioner” there shall be substituted the following definition—
““Social Security Commissioner” means a Social Security Commissioner appointed under section 50(1) of the Social Security Administration (Northern Ireland) Act 1992;”.
4 In the Second Schedule to the Registration of Births, Deaths and Marriages (Fees, etc.) Act (Northern Ireland) 1955 for the entry relating to the Child Benefit (Northern Ireland) Order 1975 there shall be substituted the following entries—
“The Social Security Contributions and Benefits (Northern Ireland) Act 1992.
The Social Security Administration (Northern Ireland) Act 1992.”.
5 (1) In section 27(4B) and (6) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 after “1975” there shall be inserted the words “or the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
(2) In section 55(1) of that Act for the words “the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
6 In section 10(2)(e) of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 for the words “Article 25 of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “section 101 of the Social Security Administration (Northern Ireland) Act 1992”.
7 In section 20(2)(a) of the Children and Young Persons Act (Northern Ireland) 1968 for the words “the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
8 (1) In section 2 of the Social Services (Parity) Act (Northern Ireland) 1971 for the words “section 129(5) of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “section 145(5) of the Social Security Administration (Northern Ireland) Act 1992”.
(2) In Schedule 1 to that Act for the entries relating to the Social Security Act 1975 and the Industrial Injuries and Diseases (Old Cases) Act 1975 there shall be substituted the following entries—
“The Social Security Contributions and Benefits Act 1992.
The Social Security Administration Act 1992.”.
9 In Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 for the definition of “trade dispute” there shall be substituted the following definition—
““trade dispute” has the same meaning as in section 27 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;”.
10 (1) In Schedule 10 to the Social Security (Northern Ireland) Act 1975 at the end of paragraph 5 there shall be added the following sub-paragraph—
“(3) This paragraph and paragraphs 6, 7 and 7A shall have effect as if contained in the Social Security Administration (Northern Ireland) Act 1992.”.
(2) In paragraph 6(1) of that Schedule for head (a) there shall be substituted the following head—
“(a) if he retires pursuant to paragraph 1 of Schedule 2 to the Social Security Administration (Northern Ireland) Act 1992;”.
11 In section 2(3)(b) of the Social Security (Consequential Provisions) Act 1975 for the words “sections 155 and 156(4) to (6) of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “sections 165 and 166(4), (6) and (11) of the Social Security Administration (Northern Ireland) Act 1992”.
12 In Schedule 1 to the House of Commons Disqualification Act 1975—
(a) in Part I, for the entry beginning “Chief or other Social Security Commissioner for Northern Ireland” there shall be substituted the following entry— “Chief or other Social Security Commissioner for Northern Ireland (not including a deputy Commissioner).”;
(b) in Part III, in the entry beginning “Adjudicating medical practitioner” for the words “Part III of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “Part II of the Social Security Administration (Northern Ireland) Act 1992”;
(c) in Part III, in the entry beginning “Member of a Medical Appeal Tribunal for Northern Ireland” for the words “paragraph 2(2) of Schedule 12 to the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “section 48(2) of the Social Security Administration (Northern Ireland) Act 1992”;
(d) in Part III, for the entry beginning “Member of the panel of chairmen for Social Security Appeal Tribunals for Northern Ireland” there shall be substituted the following entry— “Member of the panel of chairmen for Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals for Northern Ireland appointed under section 49(1)(c) of the Social Security Administration (Northern Ireland) Act 1992.”.
13 In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975—
(a) in Part I, for the entry “Chief or other National Insurance Commissioner for Northern Ireland” there shall be substituted the following entry— “Chief or other Social Security Commissioner for Northern Ireland (not including a deputy Commissioner)”;
(b) in Part II, in the entry beginning “A Medical Appeal Tribunal” for the words “Part III of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “Part II of the Social Security Administration (Northern Ireland) Act 1992”;
(c) in Part II, the entry beginning “A Medical Board” shall cease to have effect;
(d) in Part III, at the appropriate place in alphabetical order, there shall be inserted the following entry— “Adjudicating medical practitioner or specially qualified adjudicating medical practitioner appointed under or by virtue of Part II of the Social Security Administration (Northern Ireland) Act 1992”;
(e) in Part III for the entry beginning “A full-time Chairman of Social Security Appeal Tribunals” there shall be substituted the following entry— “Full-time Chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals for Northern Ireland.”;
(f) in Part III for the entry beginning “the President of Social Security Appeal Tribunals” there shall be substituted the following entry— “President of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals for Northern Ireland.”.
14 (1) The Social Security Pensions (Northern Ireland) Order 1975 shall be amended as follows.
(2) In Article 2(2)—
(a) the following definition shall be inserted before the definition of “average salary benefits”— ““the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;”; and
(b) the following definition shall be inserted after that definition— ““the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;”.
(3) In Article 2(3) for the words “Article 31” there shall be substituted the words “Articles 31 to 31C”.
(4) In Article 28(1)(a) for the words “the principal Act” there shall be substituted the words “the Contributions and Benefits Act”.
(5) In Article 28 after paragraph (1) there shall be inserted the following paragraph—
“(1A) This Part shall also have effect, where an occupational pension scheme so provides or falls to be treated as so providing, for the purpose of making provision in relation—
(a) to invalidity allowance under section 34 of the Contributions and Benefits Act;
(b) to increases of Category A retirement pensions for invalidity under section 47 of that Act; and
(c) to increases of unemployability supplement under paragraph 3 of Schedule 7 to that Act.”.
(6) In Article 29(5) for the words “Article 5” there shall be substituted the words “section 19(4) of the Contributions and Benefits Act”.
(7) In Article 31(1)(a) for the words “Article 18” there shall be substituted the words “section 41 of the Contributions and Benefits Act”.
(8) In Article 31(2) and (2A) for the words “sections 16(2B), 28(7A) and 59(1A) of the principal Act” there shall be substituted the words “Articles 31A, 31B and 31C”.
(9) In Article 31(3) after the words “this Article” there shall be inserted the words “and in Articles 31A, 31B and 31C”.
(10) After Article 31 there shall be inserted the following Articles—
31A (1) Where for any period—
(a) a person is entitled to one or more guaranteed minimum pensions; and
(b) he is also entitled to an invalidity pension under section 33 of the Contributions and Benefits Act; and
(c) the weekly rate of his invalidity pension includes an additional pension such as is mentioned in section 44(3)(b) of that Act,
for that period section 34 of that Act shall have effect as if the following subsection were substituted for subsection (5)—
“(5) In this section “the relevant amount” means an amount equal to the aggregate of—
(a) an amount equal to the additional pension; and
(b) an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions,
reduced by the amount of any reduction in the weekly rate of the invalidity pension made by virtue of Article 31 of the Pensions Order.”.
(2) Where for any period—
(a) a person is entitled to one or more guaranteed minimum pensions; and
(b) he is also entitled to an invalidity pension under section 33 of the Contributions and Benefits Act; and
(c) the weekly rate of his invalidity pension does not include an additional pension such as is mentioned in section 44(3)(b) of that Act,
for that period the relevant amount shall be deducted from the appropriate weekly rate of invalidity allowance and he shall be entitled to invalidity allowance only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.
(3) In paragraph (2) “the relevant amount” means an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions reduced by the amount of any reduction in the weekly rate of the invalidity pension made by virtue of Article 31.
(4) Where paragraph (2) applies, section 34(7) of the Contributions and Benefits Act shall have effect as if for the words “subsection (4) above” there were substituted the words “Article 31A(2) of the Pensions Order”.
31B (1) Where for any period—
(a) a person is entitled to one or more guaranteed minimum pensions; and
(b) he is also entitled to a Category A retirement pension under section 44 of the Contributions and Benefits Act; and
(c) the weekly rate of his pension includes an additional pension such as is mentioned in section 44(3)(b) of that Act,
for that period section 47 of that Act shall have effect as if the following subsection were substituted for subsection (3)—
“(3) In subsection (2) above “the relevant amount” means an amount equal to the aggregate of—
(a) an amount equal to the additional pension; and
(b) an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions,
reduced by the amount of any reduction in the weekly rate of the Category A retirement pension made by virtue of Article 31 of the Pensions Order.”.
(2) Where for any period—
(a) a person is entitled to one or more guaranteed minimum pensions; and
(b) he is also entitled to a Category A retirement pension under section 44 of the Contributions and Benefits Act; and
(c) the weekly rate of his Category A retirement pension does not include an additional pension such as is mentioned in section 44(3)(b) of that Act,
for that period the relevant amount shall be deducted from the amount that would otherwise be the increase under section 47(1) of that Act and the pensioner shall be entitled to an increase under that subsection only if there is a balance remaining after that deduction and, if there is such a balance, of an amount equal to it.
(3) In paragraph (2) “the relevant amount” means an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions reduced by the amount of any reduction in the weekly rate of the Category A retirement pension made by virtue of Article 31.
31C (1) Where for any period—
(a) a person is entitled to one or more guaranteed minimum pensions; and
(b) he is also entitled—
(i) to an invalidity pension under section 33 of the Contributions and Benefits Act;
(ii) to a Category A retirement pension under section 44 of that Act; or
(iii) to a Category B retirement pension under section 49 of that Act; and
(c) the weekly rate of the pension includes an additional pension such as is mentioned in section 44(3)(b) of that Act,
for that period paragraph 3 of Schedule 7 to that Act shall have effect as if the following sub-paragraph were substituted for sub-paragraph (3)—
“(3) In this paragraph “the relevant amount” means an amount equal to the aggregate of—
(a) an amount equal to the additional pension; and
(b) an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions,
reduced by the amount of any reduction in the weekly rate of the pension made by virtue of Article 31 of the Pensions Order.”.
(2) Where for any period—
(a) a person is entitled to one or more guaranteed minimum pensions; and
(b) he is also entitled to any of the pensions under the Contributions and Benefits Act mentioned in paragraph (1)(b); and
(c) the weekly rate of the pension does not include an additional pension such as is mentioned in section 44(3)(b) of that Act,
for that period the relevant amount shall be deducted from the amount that would otherwise be the increase under that paragraph and the beneficiary shall be entitled to an increase only if there is a balance after that deduction and, if there is such a balance, only to an amount equal to it.
(3) In paragraph (2) “the relevant amount” means an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions.”.
(11) In Article 35(1A) for the words “Article 5” there shall be substituted the words “section 19(4) of the Contributions and Benefits Act”.
(12) In Article 37(2ZA) for the words “Article 5” there shall be substituted the words “section 19(4) of the Contributions and Benefits Act”.
(13) In Article 37(5) and (7) for the words “Article 23” there shall be substituted the words “section 130 of the Administration Act”.
(14) In Article 38(6) for the words “section 27(6) of the principal Act” there shall be substituted the words “section 43(1) of the Contributions and Benefits Act”.
(15) In Article 39A(2) for the words from “sections” to “Article 31(1)” there shall be substituted the words “Articles 31(1), 31A(1) and (2), 31B(1) and (2) and 31C(1) and (2)” and for the words “subsections and that paragraph” there shall be substituted the word “paragraphs”.
(16) In Articles 43C(4A), 46(6)(a) and 47(3)(a) for the words “Article 23” there shall be substituted the words “section 130 of the Administration Act”.
(17) In Article 52A(10) for the words “section 4(3) of the principal Act” there shall be substituted the words “section 6(3) of the Contributions and Benefits Act”.
(18) In Article 53D(1) for the words “sections 16(2B), 28(7A) and 59(1A) of the principal Act and Article 31(1)” there shall be substituted the words “Articles 31(1), 31A, 31B and 31C”.
(19) In Article 69(1) for the words “Article 64 of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “section 132 of the Administration Act”.
(20) In Article 70—
(a) in paragraph (1) for the words “section 93(1) of the principal Act” there shall be substituted the words “section 15(1) of the Administration Act”;
(b) in paragraph (3) for the words “section 93(1) nor section 98(1) of the principal Act” there shall be substituted the words “section 15(1) nor section 18(1) of the Administration Act”.
(21) After Article 70ZA there shall be inserted the following Articles—
70ZB If a person fails to pay, at or within the time prescribed for the purpose, any state scheme premium which is payable by him, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
70ZC (1) Where in any proceedings—
(a) for an offence under this Order; or
(b) involving any question as to payment of a state scheme premium,
any such question arises as is mentioned in Article 70(1), the decision of the Department shall be conclusive for the purposes of the proceedings.
(2) If—
(a) a decision of any such question is necessary for the determination of proceedings; and
(b) the decision of the Department has not been obtained or a question has been raised with a view to a review of the decision obtained,
the question shall be referred to the Department for determination or review in accordance (subject to any necessary modifications) with sections 15 to 17 of the Administration Act.
(3) Paragraph (1) does not apply if—
(a) an appeal under section 16 of that Act is pending; or
(b) the time for appealing has not expired; or
(c) a question has been raised with a view to a review of the Department’s decision under section 17 of that Act,
and the court dealing with the case shall adjourn the proceedings until such time as a final decision on the question has been obtained.
70ZD Where—
(a) a person has been convicted of an offence under Article 70ZB of failing to pay a state scheme premium at or within the time prescribed for the purpose; and
(b) the premium remains unpaid at the date of the conviction,
he shall be liable to pay to the Department a sum equal to the amount which he failed to pay.
70ZE (1) Subject to paragraph (2), where a person is convicted of an offence mentioned in Article 70ZD, evidence may be given of any previous failure by him to pay state scheme premiums within the time prescribed for the purpose; and in that Article “the conviction” and “the offence” mean respectively the conviction referred to in this paragraph and the offence of which the person is convicted.
(2) Such evidence may be given only if notice of intention to give it is served with the summons or warrant on which the person appeared before the court which convicted him.
70ZF (1) Where a person charged with an offence to which Article 70ZD applies is convicted of that offence in his absence under Article 24(2) of the Magistrates' Courts (Northern Ireland) Order 1981, then if—
(a) it is proved to the satisfaction of the court, on oath or by affidavit or in the manner prescribed by magistrates' courts rules, that notice under Article 70ZE(2) has been duly served specifying the other premiums in respect of which the complainant intends to give evidence; and
(b) the clerk of petty sessions has received a statement in writing purporting to be made by the accused or by a solicitor acting on his behalf to the effect that if the accused is convicted in his absence of the offence charged he desires to admit failing to pay the other premiums so specified or any of them,
Article 70ZE shall have effect as if the evidence had been given and the failure so admitted had been proved, and the court shall proceed accordingly.
(2) Where—
(a) a person is convicted of an offence to which Article 70ZD applies; and
(b) an order is made under the Probation Act (Northern Ireland) 1950 placing the offender on probation or discharging him absolutely or conditionally,
Articles 70ZD and 70ZE and paragraph (1) shall apply as if it were a conviction for all purposes.
(3) Any sum which a person is liable to pay under Articles 70ZD and 70ZE and paragraph (1) shall be recoverable from him as a penalty.
(4) State scheme premiums recovered by the Department under those provisions are to be treated for all purposes as premiums paid to the Department in respect of the person in respect of whom they were originally payable.”.
(22) In Article 71 for paragraphs (1) to (3) there shall be substituted the following paragraphs—
“(1) Regulations prescribing actuarial tables for the purposes of Articles 46(7), 46ZA(14), 46A(3) and 47(4) shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.
(2) All regulations and orders made by the Department under this Order other than—
(a) regulations to which paragraph (1) applies; and
(b) any order which under any provision of this Order is required to be laid before the Assembly after being made,
shall be subject to negative resolution.
(3) Orders made by the appropriate authority under Article 61 shall be subject to negative resolution.”.
(23) After Article 71 there shall be inserted the following Articles—
71A (1) Subject to paragraph (2) and to section 150 of the Administration Act, where the Department proposes to make regulations under Article 52A(10), Part VA, Article 69J or Article 70ZA it shall refer the proposals, in the form of draft regulations or otherwise, to the Social Security Advisory Committee (“the Committee”).
(2) Paragraph (1) does not apply to the regulations specified in Schedule 5 to the Administration Act.
(3) The Committee shall consider any proposals referred to it by the Department under paragraph (1) and shall make to the Department a report containing such recommendations with regard to the subject-matter of the proposals as the Committee thinks appropriate.
(4) If after receiving a report of the Committee the Department lays before the Assembly any regulations which comprise the whole or any part of the subject-matter of the proposals referred to the Committee, the Department shall lay with the regulations a copy of the Committee’s report and a statement showing—
(a) the extent (if any) to which the Department has, in framing the regulations, given effect to the Committee’s recommendations; and
(b) in so far as effect has not been given to them, the Department’s reasons why not.
71B (1) Except in so far as this Order otherwise provides, any power conferred by this Order to make regulations or an order may be exercised—
(a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;
(b) so as to make, as respects the cases in relation to which it is exercised—
(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise);
(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Order;
(iii) any such provision either unconditionally or subject to any specified condition;
and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes; and powers to make regulations or an order for the purposes of any one provision of this Order are without prejudice to powers to make regulations or an order for the purposes of any other provision.
(2) Without prejudice to any specific provision in this Order, a power conferred by this Order to make regulations or an order includes power to make such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations or order to be expedient for the purposes of the regulations or order.
(3) Without prejudice to any specific provision in this Order, a power conferred by this Order to make regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter.
(4) A power conferred by this Order on the Department to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Department of Finance and Personnel, shall if the Department of Finance and Personnel so directs be exercisable only in conjunction with it.”.
(24) In Article 73(1) for the words “Subsection (5) of section 129 of the principal Act” there shall be substituted the words “Section 145(5) of the Administration Act” and for the words “subsection (3)(a) of that section” there shall be substituted the words “section 143(2)(a) of that Act”.
(25) In paragraph 8(a)(i) of Schedule 1A for the words from “under” to the end there shall be substituted the words “under section 132 of the Administration Act; or”.
(26) In paragraph 6(3)(c) of Schedule 2 for the words “the principal Act” there shall be substituted the words “the Contributions and Benefits Act”.
15 In Schedule 1 to the Births and Deaths Registration (Northern Ireland) Order 1976 for the entry relating to the Child Benefit (Northern Ireland) Order 1975 there shall be substituted the following entries—
“The Social Security Contributions and Benefits (Northern Ireland) Act 1992.
The Social Security Administration (Northern Ireland) Act 1992.”.
16 (1) The Industrial Relations (Northern Ireland) Order 1976 shall be amended as follows.
(2) In Article 43(4) for “1986” there shall be substituted “1986 or Part XII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
(3) In Article 72(2) for sub-paragraph (a) there shall be substituted the following sub-paragraph—
“(a) confer powers and impose duties on industrial tribunals and on adjudication officers and other persons;”.
(4) In Article 72(4) for the words “the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “Part III or V of the Social Security Administration (Northern Ireland) Act 1992”.
(5) In Article 72(7) for the words “the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
17 (1) In Article 17(1)(a) of the Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977 after the words “Pensions Order” there shall be inserted the words “or section 130 of the Social Security Administration (Northern Ireland) Act 1992”.
(2) In Article 17 of that Order for paragraph (3) there shall be substituted the following paragraph—
“(3) In this Article—
“earner” and “earnings” are to be construed in accordance with sections 3, 4 and 112 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“earnings factors” is to be construed in accordance with sections 22 and 23 of that Act;
“tax year” has the meaning assigned to it by section 121(1) of that Act,
and expressions used in Part IV of the Pensions Order have the same meanings as in that Part.”.
(3) In Article 19 of that Order for paragraphs (1) and (2) there shall be substituted the following paragraphs—
“(1) Section 165(4), (5) and (10) of the Social Security Administration (Northern Ireland) Act 1992 shall have effect as if references to that Act included references to this Order.
(2) A power under any of sections 116 to 119 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or sections 153 to 155 of the Social Security Administration (Northern Ireland) Act 1992 to make provision by regulations or order for modifications or adaptations of those Acts shall be exercisable in relation to any provision in this Order.”.
(4) In Article 20 of that Order for the words “Subsection (5) of section 129 of the principal Act” there shall be substituted the words “Section 145(5) of the Social Security Administration (Northern Ireland) Act 1992” and for the words “subsection (3)(a) of that section” there shall be substituted the words “section 143(2)(a) of that Act”.
18 In Article 5(2)(e) of the Agricultural Wages (Regulation) (Northern Ireland) Order 1977 for the words from “Social Security (Northern Ireland) Act 1975” to the end there shall be substituted the words “Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
19 The following Article shall be inserted after Article 25 of the Rent (Northern Ireland) Order 1978—
25A In order to assist the Executive to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, where a rent is registered under this Part, there shall be noted on the register the amount (if any) of the registered rent which, in the opinion of the rent officer or rent assessment committee, is fairly attributable to the provision of services, except any amount which is negligible in the opinion of the officer or, as the case may be, the committee.”.
20 In sub-paragraph (2) of paragraph 5 of Schedule 1 to the Capital Gains Tax Act 1979—
(a) for the words “section 35 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”; and
(b) for the words “section 37ZA of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
21 In section 1(4) of the Vaccine Damage Payments Act 1979 for the words “section 57 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “section 103 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
22 (1) In Article 2(2) of the Pneumoconiosis, etc. (Workers' Compensation) (Northern Ireland) Order 1979 after the words “section 76 of the Social Security (Northern Ireland) Act 1975” wherever they occur there shall be inserted the words “or section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
(2) In Article 2(3) of that Order for the words “(Northern Ireland) Act 1975” there shall be substituted the words “Contributions and Benefits (Northern Ireland) Act 1992 or the Social Security Administration (Northern Ireland) Act 1992” and for the words “that Act” there shall be substituted the words “either of those Acts”.
(3) In Article 8 of that Order—
(a) for the words “Section 94 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “Section 16 of the Social Security Administration (Northern Ireland) Act 1992”;
(b) for the words “section 93(1)” and “section 94” there shall be substituted the words “section 15(1)” and “section 16” respectively.
23 In Article 129C(2)(a) of the Road Traffic (Northern Ireland) Order 1981—
(a) in head (i) for the words “section 35 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”;
(b) in head (iA) for “37ZA” there shall be substituted “71”;
(c) in head (iii) for “57” there shall be substituted “103” and for “61(1)” there shall be substituted “104(1)”.
24 In Part I of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 in paragraph 3(g) for the words “Article 25 of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “section 101 of the Social Security Administration (Northern Ireland) Act 1992”.
25 In Articles 88 and 98(11) of the Magistrates' Courts (Northern Ireland) Order 1981 for the words “or Article 25 of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “or section 101 of the Social Security Administration (Northern Ireland) Act 1992”.
26 (1) In Article 6(2) of the Forfeiture (Northern Ireland) Order 1982 for the words “section 115 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “section 57 of the Social Security Administration (Northern Ireland) Act 1992”.
(2) In Article 6(4) of that Order for the words “Section 155(2) to (3A) of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “Section 171(3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
(3) In Article 6(5) of that Order for the words “(Northern Ireland) Act 1975” there shall be substituted the words “Administration (Northern Ireland) Act 1991” and the following entry shall be added after the entry relating to the Social Security (Northern Ireland) Acts 1975 to 1992—
“The Social Security Contributions and Benefits (Northern Ireland) Act 1992,”.
27 In Article 36(1) of the Social Security (Northern Ireland) Order 1982 for the words from the beginning to “principal Act” there shall be substituted the words “Section 165(4), (5) and (10) of the Social Security Administration (Northern Ireland) Act 1992”.
28 In the seventh note to Group 14 of Schedule 5 to the Value Added Tax Act 1983 for the words “section 37ZA of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
29 (1) In paragraph (b) of sections 74(4) and 89(4) of the Inheritance Tax Act 1984 for the words “section 35 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
(2) In paragraph (c) of those subsections for the words “section 37ZA of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
30 (1) In Article 32 of the Industrial Training (Northern Ireland) Order 1984—
(a) in paragraph (1) for the words “Chapter IV of Part II of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “Part V of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” and for the words “sections 52 to 54” there shall be substituted the words “sections 98 to 100”;
(b) in paragraph (2) for the words “section 52” there shall be substituted the words “section 98”;
(c) in paragraph (3) for the words “section 53” there shall be substituted the words “section 99”;
(d) in paragraph (4) for the words “section 54” there shall be substituted the words “section 100”.
(2) In Article 33(1) of that Order for the words “Part II of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “the Social Security Contributions and Benefits (Northern Ireland) Act 1992” and for the words “Chapter IV of that Part” there shall be substituted the words “Part V of that Act”.
31 (1) In Article 1(9) of the Social Security (Northern Ireland) Order 1985 for the words “Subsections (2) and (3) of section 155 of the principal Act” there shall be substituted the words “Subsections (4) and (5) of section 165 of the Social Security Administration (Northern Ireland) Act 1992”.
(2) At the end of paragraph (1) of Article 7 of that Order there shall be added the words “or
(c) of Part VI of the Social Security Administration (Northern Ireland) Act 1992.”.
(3) In Article 7(2) of that Order for the words “Section 155 of the principal Act” there shall be substituted the words “Article 71B of the Pensions Order” and for the words “that Act” there shall be substituted the words “that Order”.
32 (1) The Social Security (Northern Ireland) Order 1986 shall be amended as follows.
(2) In Article 6(1) for the words from “sections 16(2B)” to “Article 31” there shall be substituted the words “sections 34(4) and 47(2) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, paragraph 3(2) of Schedule 7 to that Act and Articles 31 to 31C”.
(3) In Article 11(5) for the words “Article 18(5) of that Order” there shall be substituted the words “section 41(7) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
(4) In Article 18A(1) for the words “Section 134 of the principal Act” there shall be substituted the words “Section 155 of the Social Security Administration (Northern Ireland) Act 1992”.
(5) In Article 26(1)(c) for the words “Article 25(3)” there shall be substituted the words “section 101(3) of the Social Security Administration (Northern Ireland) Act 1992”.
(6) At the end of Article 26 there shall be added the following paragraph—
“(7) Subsections (6) and (7) of section 74 of the Social Security Administration (Northern Ireland) Act 1992 shall have effect for the purposes of this Article as they have effect for the purposes of that section.”.
(7) In Article 53(2) for the words “section 93(1) of the principal Act” there shall be substituted the words “section 15(1) of the Social Security Administration (Northern Ireland) Act 1992.”.
(8) In Article 60(3)(c) for the words “Part III of the principal Act including that Part as extended by Article 53(3)” there shall be substituted the words “sections 15 to 60 of the Social Security Administration (Northern Ireland) Act 1992”.
(9) In Article 81(1) for the words from the beginning to “principal Act” there shall be substituted the words “Article 71B(1) to (4) of the Pensions Order”.
(10) In Article 81 for paragraphs (3) and (4) there shall be substituted the following paragraphs—