UKPGA-1992-9 Social Security (Consequential Provisions) (Northern Ireland) Act 1992 UK

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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”.

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”.

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—.

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”.

In Schedule 1 to the House of Commons Disqualification Act 1975—

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).”;

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”;

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”;

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.”.

In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975—

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)”;

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in Part II, the entry beginning “A Medical Board” shall cease to have effect;

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”;

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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

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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—.

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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”.

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In sub-paragraph (2) of paragraph 5 of Schedule 1 to the Capital Gains Tax Act 1979—

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

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”.

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”.

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”;

for the words “section 93(1)” and “section 94” there shall be substituted the words “ section 15(1)” and “ section 16” respectively.

In Article 129C(2)(a) of the Road Traffic (Northern Ireland) Order 1981—

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”;

in head (iA) for “37ZA” there shall be substituted “ 71”;

in head (iii) for “57” there shall be substituted “ 103” and for “61(1)” there shall be substituted “ 104(1)”.

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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”.

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”.

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”.

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”;

in paragraph (2) for the words “section 52” there shall be substituted the words “ section 98”;

in paragraph (3) for the words “section 53” there shall be substituted the words “ section 99”;

in paragraph (4) for the words “section 54” there shall be substituted the words “ section 100”.

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for the words from the beginning to “principal Act” there shall be substituted the words “ Section 26 of the Social Security Administration (Northern Ireland) Act 1992 (appeals from reviews)”; and

for the words “that section” there shall be substituted the words “ section 23 of that Act”.

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whether a person is entitled to benefit in respect of a time before 1st July 1992;

whether a person is liable to pay contributions in respect of such a time,

The repeal by this Act of an enactment previously repealed subject to savings (whether or not in the repealing enactment) does not affect the continued operation of those savings.

Any document made, served or issued after this Act comes into force which contains a reference to any of the repealed enactments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Acts.

The repeal by this Act of a provision providing for or relating to the coming into force of a provision reproduced in the consolidating Acts does not affect the operation of the first provision, in so far as it remains capable of having effect, in relation to the enactment reproducing the second provision.

Where immediately before 1st July 1992 the Department of Health and Social Services for Northern Ireland (hereafter in this Schedule referred to as “the Department”) has power under any provision of the Social Security (Northern Ireland) Acts 1975 to 1991 not reproduced in the consolidating Acts by regulations to make provision or savings in preparation for or in connection with the coming into force of a provision repealed by this Act but reproduced in the consolidating Acts, the power shall be construed as having effect in relation to the provision reproducing the repealed provision.

The repeal by this Act of a power by regulations to make provision or savings in preparation for or in connection with the coming into force of a provision reproduced in the consolidating Acts does not affect the power, in so far as it remains capable of having effect, in relation to the enactment reproducing the second provision.

An order which is made under any of the repealed enactments after the passing of this Act and which amends any of the repealed enactments shall have the effect also of making a corresponding amendment of the consolidating Acts.

In this Part of this Schedule—“the 1966 Act” means the National Insurance Act (Northern Ireland) 1966;“the 1973 Act” means the Social Security Act 1973;“the 1975 Act” means the Social Security (Northern Ireland) Act 1975;“the former Consequential Provisions Act” means the Social Security (Consequential Provisions) Act 1975; and“the 1986 Order” means the Social Security (Northern Ireland) Order 1986.

The repeal by this Act of any provision contained in the 1975 Act or any enactment amending such a provision does not affect the operation of that provision by virtue of Article 2(3) of the Social Security Pensions (Northern Ireland) Order 1975.

The repeal by this Act of Article 19(1) of the 1986 Order (which substituted in any statutory provision a reference to a basic pension for any reference to the basic component of a long-term benefit and a reference to an additional pension for any reference to an additional component of such a benefit) does not affect the construction of any statutory provision amended by that paragraph.

Regulations may provide that, in relation to—the Contributions and Benefits Act and the Administration Act (so far as they represent provisions of the 1973 Act) shall have effect subject to such modifications as may be prescribed with a view to securing continuity of the law.

persons who ceased by virtue of paragraph 2 of Schedule 3 to the former Consequential Provisions Act to be insured under the 1966 Act,

persons to or in respect of whom benefit under that Act was, or but for a disqualification or forfeiture would have been, payable immediately before 6th April 1975, and

persons who had a prospective right to, or expectation of, any benefit under that Act immediately before that day,

Without prejudice to the generality of the powers conferred by paragraph 12 above, regulations under that paragraph may in particular provide for the taking into account, for such purposes and in such manner and subject to such conditions as may be prescribed, of contributions paid or credited or deemed to be, or treated as, paid or credited under the 1966 Act or the National Insurance Act (Northern Ireland) 1946 or any enactment repealed by that Act.

Regulations may provide that the Contributions and Benefits Act and the Administration Act (so far as they represent the 1973 Act) and this Part of this Schedule (except this paragraph) shall have effect subject to prescribed modifications in relation to persons who attained the age of 16 before 6th April 1975 and who, immediately before that day, were not insured under the 1966 Act.

Notwithstanding any repeal effected by the 1973 Act, provision may be made by regulations for continuing in force, with or without prescribed modifications, such provisions of the 1966 Act or any other enactments specified in the third column of Schedule 28 to the 1973 Act (repeals) as the Department considers appropriate for the purpose of preserving rights to benefit under that Act or those enactments in those cases (if any) in which in its opinion adequate alternative rights to benefit under the Contributions and Benefits Act are not conferred in pursuance of paragraph 12 above, or for temporarily retaining the effect of those provisions for transitional purposes.

In the foregoing provisions of this Part of this Schedule, any reference to benefit under the 1966 Act includes a reference to such other benefit, pension or allowance as is mentioned in paragraph 17(2)(b) of Schedule 9 to that Act (pre-1948 beneficiaries).

In determining a woman’s right—for any period after 25th February 1962, or her right on her re-marriage after that date to a gratuity under section 67 of the 1975 Act, her cohabitation with a man at any time after the deceased’s death but before that date shall be disregarded; but a right to benefit arising by virtue of this paragraph shall not, under Schedule 9 to that Act or Schedule 7 to the Contributions and Benefits Act, affect the right of any other persons to benefit awarded before that date.

to a pension or allowance in respect of a deceased person under section 67, 68, 71, 72 or 73 of the 1975 Act; or

to a pension in respect of a deceased person under paragraph 15 or 16 of Schedule 7 to the Contributions and Benefits Act,

the extent to which the weekly rate of industrial death benefit has been modified in that case or class of cases by virtue of section 74 of that Act;

the age of the beneficiary and of any person or persons formerly maintained by the deceased; and

the length of time that entitlement to the benefit would have been likely to continue if those sections had not been repealed.

For the purposes—section 64 of the Contributions and Benefits Act shall have effect as if the following subsection were substituted for subsection (3)—.

of any determination following a claim made before 1st April 1988,

of any review following an application made before that date,

of any review following a decision to conduct a review made before that date,

he was entitled to supplementary benefit immediately before 11th April 1988, but

he did not become entitled to income support in respect of the week beginning with that day.

he did not become entitled to housing benefit under Part III of the 1986 Order in respect of the commencement week, or

the amount of any such housing benefit to which he became entitled in respect of that week was less than the amount of the former housing-related benefits to which he had been entitled in respect of the qualifying week.

a person shall be regarded as having been entitled to housing benefit supplement in respect of a week if an amount was applicable in respect of him under regulation 19A of the Supplementary Benefit (Requirements) Regulations (Northern Ireland) 1983 in respect of that week; and

the amount of housing benefit supplement to which he was entitled in respect of that week shall be taken to be an amount equal to the amount so applicable.

may provide for the termination or cancellation of awards of attendance allowance and awards of mobility allowance;

may direct that a person whose award of either allowance has been terminated or cancelled by virtue of the regulations or who is a child of such a person shall by virtue of the regulations be treated as having been awarded one or more disability living allowances;

may direct that a disability living allowance so treated as having been awarded shall consist of such component as the regulations may specify or, if the regulations so specify, of both components, and as having been awarded either component at such weekly rate and for such period as the regulations may specify;

may provide for the termination in specified circumstances of an award of disability living allowance;

may direct that in specified circumstances a person whose award of disability living allowance has been terminated by virtue of the regulations shall by virtue of the regulations be treated as having been granted a further award of a disability living allowance consisting of such component as the regulations may specify or, if the regulations so specify, of both components, and as having been awarded on the further award either component at such weekly rate and for such period as the regulations may specify;

may provide for the review of awards made by virtue of paragraph (b) or (e) above and for the treatment of claims for disability living allowance in respect of beneficiaries with such awards;

may direct that for specified purposes certificates issued by the Attendance Allowance Board for Northern Ireland shall be treated as evidence of such matters as may be specified in the regulations;

may direct that for specified purposes the replacement of attendance allowance and mobility allowance by disability living allowance shall be disregarded;

may direct that a claim for attendance allowance or mobility allowance shall be treated in specified circumstances and for specified purposes as a claim for disability living allowance or that a claim for disability living allowance shall be treated in specified circumstances and for specified purposes as a claim for attendance allowance or mobility allowance or both;

may direct that in specified circumstances and for specified purposes a claim for a disability living allowance shall be treated as having been made when no such claim was in fact made;

may direct that in specified circumstances a claim for attendance allowance, mobility allowance or disability living allowance shall be treated as not having been made;

may direct that in specified circumstances where a person claims attendance allowance or mobility allowance or both, and also claims disability living allowance, his claims may be treated as a single claim for such allowances for such periods as the regulations may specify;

may direct that cases relating to mobility allowance shall be subject to adjudication in accordance with the provisions of Part II of the Administration Act relating to disability living allowance; and

may direct that, at a time before the Attendance Allowance Board for Northern Ireland is dissolved, in specified circumstances cases relating to attendance allowance shall be subject to adjudication under the system of adjudication for such cases introduced by the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991.

shall have effect subject to modifications, additions or amendments; or

shall not have effect.

to any provision of the 1975 Act which relates to mobility allowance, so far as it so relates;

to any provision of Part VII of the 1986 Order which is relevant to mobility allowance;

to any provision of the Contributions and Benefits Act which relates to disability living allowance or attendance allowance, so far as it so relates; and

to any provision of the Administration Act which is relevant to disability living allowance or attendance allowance.

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;

so as to make, as respects the cases in relation to which it is exercised—

no date has been appointed as the date on which a provision mentioned in column 1 of the following Table is to come into force before 1st July 1992; or

a date has been appointed which is later than 1st July 1992,

a date has been appointed as the date on which a provision mentioned in column 1 of the Table in sub-paragraph (1) is to come into force for some purposes of that provision but not for others; and

that date is on or before 1st July 1992,

in the case mentioned in paragraph (a) of sub-paragraph (1) above, such day as may be appointed by an order under this sub-paragraph; and

in the case mentioned in paragraph (b) of that sub-paragraph, the day appointed as the day on which the provision mentioned in column 1 of the Table is to come into force.

shall, in relation to paragraphs 7 and 8 of this Schedule, be made by the Secretary of State by statutory instrument and, in relation to any other paragraph of this Schedule, shall be made by the Department of Health and Social Services for Northern Ireland by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 ; and

may appoint different days for different provisions or different purposes of the same provision.

At the beginning of subsection (6) of section 44 of the Contributions and Benefits Act there shall be inserted the words “ Subject to subsection (7A) below”.

The following subsection shall be inserted after subsection (7) of that section—.

In section 131 of that Act subsections (3) and (4) shall be omitted.

In paragraph 6 of Schedule 1 to that Act sub-paragraphs (2) to (4) shall be omitted.

The following sub-paragraph shall be substituted for paragraph 6(8) of that Schedule—.

The following sub-paragraph shall be substituted for paragraph 6(1) of Schedule 2 to that Act—.

Paragraph 6(2) of that Schedule shall be omitted.

The following sub-paragraph shall be inserted after paragraph 11(12) of Schedule 7 to that Act—.

At the end of paragraph 12 of Schedule 7 to that Act there shall be inserted—.

Section 99 of the Administration Act shall be omitted.

In section 142 of that Act subsection (4) shall be omitted.

In section 143 of that Act subsection (5) shall be omitted.

The following subsection shall be inserted at the end of section 144 of that Act—.

In Schedule 3 to this Act—

in the heading before paragraph 18 for the words “provision derived from” there shall be substituted the words “ provisions derived from paragraph 18 of Schedule 3 to former Consequential Provisions Act, and”; and

the following paragraph shall be inserted after that heading—.

In the application of subsection (2) of section 128 of the Contributions and Benefits Act to claims made or treated as made before the first day in respect of which disability living allowance is payable paragraph (b) of that subsection shall have effect as if the following sub-paragraph were substituted for sub-paragraph (ii)—.