LegalizeThe Social Security (1998 Order) (Commencement No. 4) Order (Northern Ireland) 1999
Made: 9th March 1999
The Department of Health and Social Services, in exercise of the powers conferred on it by Article 1(2) of the Social Security (Northern Ireland) Order 1998[^f00001] and of all other powers enabling it in that behalf, hereby makes the following Order:
Citation and interpretation
1
- (1) This Order may be cited as the Social Security (1998 Order) (Commencement No. 4) Order (Northern Ireland) 1999.
- (2) In this Order “the Order” means the Social Security (Northern Ireland) Order 1998.
Appointed days
2
The day appointed for the coming into operation of—
- (a) the provisions of the Order specified in Part I of the Schedule for the purpose only of authorising the making of regulations, is 10th March 1999;
- (b) the provisions of the Order specified in Part II of the Schedule—
- (i) for the purpose only of authorising the making of regulations or schemes, is 10th March 1999, and
- (ii) for all other purposes, is 6th April 1999;
- (c) paragraph 81 of Schedule 6 to the Order (minor and consequential amendments) and Article 78(1) of the Order in so far as it relates to it, is 10th March 1999; and
- (d) the provisions of the Order specified in Part III of the Schedule is 6th April 1999.
SCHEDULE
PART I — PROVISIONS COMING INTO OPERATION ON 10TH MARCH 1999 FOR THE PURPOSE ONLY OF MAKING REGULATIONS
| Provisions of the Order | Subject Matter |
|---|---|
| Article 7(3) | Panel for appointment to appeal tribunals |
| Article 8(6) | Constitution of appeal tribunals |
| Article 10(1), (4) and (6) | Revision of decisions |
| Article 11(3) and (6) | Decisions superseding earlier decisions |
| Article 12(1) | Regulations with respect to decisions |
| Article 13(2), (3), (6) and (7) | Appeal to appeal tribunal |
| Article 15(3), (10) and (11) | Appeal from tribunal to Commissioner |
| Article 16(1) to (3) and (9) | Procedure |
| Article 17 | Finality of decisions |
| Article 18(1) | Matters arising as respects decisions |
| Article 20 | Medical examination required by appeal tribunal |
| Article 21 | Suspension in prescribed circumstances |
| Article 22 | Suspension for failure to furnish information, etc. |
| Article 23 | Termination in cases of failure to furnish information |
| Article 24 | Suspension and termination for failure to submit to medical examination |
| Article 25(3)(b) and (5)(c) | Decisions involving issues that arise on appeal in other cases |
| Article 26(6)(c) | Appeals involving issues that arise on appeal in other cases |
| Article 28 | Correction of errors and setting aside of decisions |
| Article 31(2) and (3) | Incapacity for work |
| Article 38(1)(a) and (3) | Reviews of determinations |
| Article 41 in so far as it substitutes Article 19(3) and (5) of the Child Support Order | Decisions superseding earlier decisions |
| Article 42 in so far as it substitutes Article 22(4), (5) and (6) of the Child Support Order | Appeals to appeal tribunals |
| Article 43 in so far as it inserts Articles 28ZA(2)(b) and (4)(c) and 28ZB(6)(c) into the Child Support Order | Decisions and appeals dependent on other cases |
| Article 44 in so far as it inserts Article 28ZD into the Child Support Order | Cases of error |
| Article 70 | Provision of information |
| Schedule 1, paragraphs 7, 11 and 12 and Article 8(7) in so far as it relates to them | Appeal tribunals: supplementary provisions |
| Schedule 2, paragraph 9 and Article 13(1) in so as it relates to it | Decisions against which no appeal lies |
| Schedule 3, paragraphs 1, 4 and 9 and Article 13(1) in so far as it relates to them | Decisions against which an appeal lies |
| Schedule 4 | Regulations as to procedure: provision which may be made |
| The following paragraphs of Schedule 6 and Article 78(1) in so far as it relates to them— | Minor and consequential amendments |
| paragraph 20(2) | Preliminary consideration of applications |
| paragraph 24 | Departure directions: decisions and appeals |
| paragraph 25 | Contribution to maintenance by deduction from benefit |
| paragraph 28(4) | Failure to comply with obligations imposed by Article 9 |
| paragraph 29 in so far as it inserts Articles 43A(2) and 43B into the Child Support Order | Finality of decisions and matters arising as respects decisions |
| paragraph 31 in so far as it is not already in operation | Supplementary powers to make regulations |
| paragraph 35(3) | Proceedings before Child Support Commissioners |
| paragraph 36(5) | Interpretation |
| paragraph 37 | Decisions and appeals: departure directions and reduced benefit directions, etc. |
| paragraph 99 | Decisions and appeals |
| paragraph 120(1) | Review of certificates of recoverable benefits |
PART II — PROVISIONS COMING INTO OPERATION ON 10TH MARCH 1999 FOR THE PURPOSE ONLY OF MAKING REGULATIONS OR SCHEMES AND FOR ALL OTHER PURPOSES ON 6TH APRIL 1999
| Provisions of the Order | Subject Matter |
|---|---|
| Article 51 | Contributions paid in error |
| Article 53(2) | Contributions returns |
| Article 54 | Collection of contributions by the Department |
| Article 56 | Breach of regulations |
| Article 57 (except in so far as it relates to section 108A of the Social Security Administration (Northern Ireland) Act 1992[^f00002]) | Offences and penalties relating to contributions |
| Article 59 | Recovery of contributions, etc. |
PART III — PROVISIONS COMING INTO OPERATION ON 6TH APRIL 1999
| Provisions of the Order | Subject Matter |
|---|---|
| Article 53(1) | Contributions returns |
| Article 58 | Evidence of non-payment |
| Article 60 | Liability of directors, etc. for company’s contributions |
| The following paragraphs of Schedule 6 and Article 78(1) in so far as it relates to them— | Minor and consequential amendments |
| paragraph 66 | Recovery of unpaid contributions on prosecution |
| paragraph 67(1), (2)(b), (3)(b) and (5) | Proof of previous offences |
| paragraph 68 | Unpaid contributions — supplementary |
| paragraph 77(2) | Destination of contributions |
| paragraph 78(2) | General financial arrangements |
| The following repeals in Schedule 7 and Article 78(2) in so far as it relates to them— The Social Security Administration (Northern Ireland) Act 1992— in section 112(4), the words “for a particular contribution card or” and “the card in question or” section 113(2) in section 114, in subsection (1), the words “or (2)(a)” and, in subsection (5), paragraph (b) and the word “or” immediately preceding that paragraph in section 115, in subsections (1) and (2), the words “or (2)(a)” | Repeals |
Signed
Sealed with the Official Seal of the Department of Health and Social Services on
John O'Neill — Assistant Secretary — 9th March 1999.
Explanatory note
(This note is not part of the Order.)
This Order provides for the coming into operation of provisions of the Social Security (Northern Ireland) Order 1998 as follows—
10th March 1999 for provisions relating to decision making and appeals for the purpose only of authorising the making of regulations and paragraph 81 of Schedule 6;
10th March 1999 for provisions relating to national insurance contributions for the purpose only of authorising the making of regulations or schemes and from 6th April 1999 for all other purposes; and
6th April 1999 for further provisions relating to national insurance contributions.
Footnotes
[^f00001]: S.I. 1998/1506 (N.I. 10)
[^f00002]: 1992 c. 8
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