Social Security Administration (Northern Ireland) Act 1992

Type Public General Act
Publication 1992-02-13
Last updated 2026-07-29
State In force
Department Statute Law Database
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articles Not indexed
Reform history JSON API
  • “benefit offence” means -any criminal offence in connection with a claim for a relevant social security benefit;any criminal offence in connection with the receipt or payment of any amount by way of such a benefit;any criminal offence committed for the purpose of facilitating the commission (whether or not by the same person) of a benefit offence;any attempt or conspiracy to commit a benefit offence; and
  • “compensation payment” has the same meaning as in the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997.
  • (6) In this Part—
  • (a) any reference to a person authorised to carry out any function relating to housing benefit shall include a reference to a person providing services relating to that benefit directly or indirectly to the Housing Executive; and
  • (b) any reference to the carrying out of a function relating to housing benefit shall include a reference to the provision of any services relating to it.
  • (7) In this section “ relevant social security benefit ” means a benefit under any provision of the relevant social security legislation.

Part VII — Information

Information relating to, or required for purposes of, contributions, statutory sick pay or statutory maternity pay

Supply of contributions, etc. information held by Inland Revenue.

115D
  • (1) This section applies to information which is held for the purposes of functions relating to contributions, health in pregnancy grant, statutory sick pay or statutory maternity pay or functions under Part III of the Pensions Act—
  • (a) by the Inland Revenue, or
  • (b) by a person providing services to them, in connection with the provision of those services.
  • (2) Information to which this section applies may, and ... must if an authorised officer so requires, be supplied—
  • (a) to the Department, or
  • (b) to a person providing services to the Department,

for use for the purposes of functions relating to ... child support ....

  • (2ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) In this section“authorised officer” means an officer of the Department or the Secretary of State authorised for the purposes of this section by the Department or the Secretary of State.

Supply to Inland Revenue for purposes of contributions, etc. of information held by Department or Secretary of State.

115E
  • (1) This section applies to information which is held for the purposes of functions relating to ... child support...—
  • (a) by the Department, or
  • (b) by a person providing services to the Department, in connection with the provision of those services.
  • (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) Information to which this section applies may, and ... must if an officer of the Inland Revenue authorised by the Inland Revenue for the purposes of this section so requires, be supplied—
  • (a) to the Inland Revenue, or
  • (b) to a person providing services to the Inland Revenue,

for use for the purposes of functions relating to contributions, health in pregnancy grant, ... statutory sick pay or statutory maternity pay or functions under Part III of the Pensions Act.

  • (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information held by tax authorities

Supply of information held by tax authorities for fraud prevention and verification.

116

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supply of tax information to assess certain employment or training schemes

116ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure of contributions, etc. information by Her Majesty’s Revenue and Customs .

116AA
  • (1) No obligation as to secrecy imposed by statute or otherwise on Revenue and Customs officials (within the meaning of section 18 of the Commissioners for Revenue and Customs Act 2005 (confidentiality) shall prevent information held for the purposes of the functions of Her Majesty’s Revenue and Customs in relation to contributions, statutory sick pay , statutory maternity pay, statutory paternity pay, statutory adoption pay , statutory shared parental pay or statutory parental bereavement pay from being disclosed—
  • (a) to any of the authorities to which this paragraph applies, or any person authorised to exercise any function of that authority, for the purposes of the functions of that authority, or
  • (b) in a case where the disclosure is necessary for the purpose of giving effect to any agreement to which an order under section 155(1) below relates.
  • (2) The authorities to which subsection (1)(a) above applies are—
  • (a) the Health and Safety Executive for Northern Ireland,
  • (b) the Government Actuary’s Department,
  • (c) the Northern Ireland Statistical and Research Agency, and
  • (d) the Pensions Regulator .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

116A

Other government information

Supply of other government information for fraud prevention and verification.

116B
  • (1) This section applies to information which is held by, or by a person providing services to, a Minister of the Crown or a Northern Ireland department or other government department and which relates to—
  • (a) passports, immigration and emigration, nationality or prisoners; or
  • (b) any other matter which is prescribed.
  • (2) Information to which this section applies may be supplied to, or to a person providing services to, the Department or the Secretary of State—
  • (a) for use in the prevention, detection, investigation or prosecution of offences relating to social security; or
  • (b) for use in checking the accuracy of information relating to benefits . . . or national insurance numbers or to any other matter relating to social security and (where appropriate) amending or supplementing such information.
  • (3) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless—
  • (a) it could be supplied to that person or body under that subsection;
  • (b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the Jobseekers (Northern Ireland) Order 1995 , Part 1 of the Welfare Reform Act (Northern Ireland) 2007 , Part 2 of the Welfare Reform (Northern Ireland) Order 2015 , Part 5 of that Order , Part 1 of the Pensions Act (Northern Ireland) 2015 , section 29 of that Act or this Act or to any enactment applying in Great Britain corresponding to any of them; or
  • (c) it is supplied to the Housing Executive.
  • (4) But where information supplied under subsection (2) above has been used (in accordance with paragraph (b) of that subsection) in amending or supplementing other information, it is lawful for it to be—
  • (a) supplied to any person or body to whom that other information could be supplied; or
  • (b) used for any purpose for which that other information could be used.
  • (5) This section does not limit the circumstances in which information may be supplied apart from this section.

The Housing Executive

Supply of information to the Housing Executive.

116C
  • (1) This section applies to information relating to social security , child support, or employment or training which is held—
  • (a) by the Department or the Secretary of State; or
  • (b) by a person providing services to the Department or the Secretary of State in connection with the provision of those services.
  • (2) Information to which this section applies may be supplied to—
  • (a) the Housing Executive; or
  • (b) a person authorised to exercise any function of the Housing Executive relating to housing benefit,

for use in the administration of housing benefit.

  • (3) But where information to which this section applies has been supplied to the Department, the Secretary of State or the person providing services under section 116 or 116B above it may only be supplied under subsection (2) above—
  • (a) for use in the prevention, detection, investigation or prosecution of offences relating to housing benefit; or
  • (b) for use in checking the accuracy of information relating to housing benefit and (where appropriate) amending or supplementing such information.
  • (4) The Department or the Secretary of State—
  • (a) may impose conditions on the use of information supplied under subsection (2) above; and
  • (b) may charge a reasonable fee in respect of the cost of supplying information under that subsection.
  • (5) Where information is supplied to the Housing Executive or other person under subsection (2) above, the Executive or other person shall have regard to it in the exercise of any function relating to housing benefit.
  • (6) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless—
  • (a) it is supplied—
  • (i) by the Housing Executive to a person authorised to exercise any function of the Executive relating to housing benefit; or
  • (ii) by a person authorised to exercise any function of the Housing Executive relating to housing benefit to the Executive;
  • (b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the Jobseekers (Northern Ireland) Order 1995 , Part 1 of the Welfare Reform Act (Northern Ireland) 2007 , Part 5 of the Welfare Reform (Northern Ireland) Order 2015 or this Act or to any enactment applying in Great Britain corresponding to any of them; or
  • (c) it is supplied under section 116D below.
  • (7) This section does not limit the circumstances in which information may be supplied apart from this section (in particular by reason of section 116(4) or 116B(4) above).
  • (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supply of information by the Housing Executive.

116D
  • (1) The Department or the Secretary of State may require—
  • (a) the Housing Executive; or
  • (b) a person authorised to exercise any function of the Housing Executive relating to housing benefit,

to supply benefit administration information held by the Executive or other person to, or to a person providing services to, the Department or the Secretary of State for use for any purpose relating to social security , child support , employment or training, private pensions policy or retirement planning .

  • (2) The Department or the Secretary of State may require—
  • (a) the Housing Executive; or
  • (b) a person authorised to exercise any function of the Housing Executive relating to housing benefit,

to supply benefit policy information held by the Executive or other person to, or to a person providing services to, the Department or the Secretary of State.

  • (2A) Information supplied under subsection (2) may be used for any purpose relating to private pensions policy or retirement planning.
  • (3) Information shall be supplied under subsection (1) or (2) above in such manner and form, and in accordance with such requirements, as may be specified in directions given by the Department or, as the case may be, the Secretary of State.
  • (4) In subsection (1) above “benefit administration information”, in relation to the Housing Executive or other person, means any information which is relevant to the exercise of any function relating to housing benefit by the Executive or other person.
  • (5) In subsection (2) above “benefit policy information” means any information which may be relevant to the Department or the Secretary of State—
  • (a) in preparing estimates of likely future expenditure on housing benefit; or
  • (b) in developing policy relating to housing benefit.
  • (6) In this section—

“private pensions policy” means policy relating to occupational pension schemes or personal pension schemes;

“retirement planning” means promoting financial planning for retirement.

Persons employed or formerly employed in social security administration or adjudication

Unauthorised disclosure of information relating to particular persons.

117
  • (1) A person who is or has been employed in social security administration or adjudication is guilty of an offence if he discloses without lawful authority any information which he acquired in the course of his employment and which relates to a particular person.
  • (2) A person who is or has been employed in the audit of expenditure or the investigation of complaints is guilty of an offence if he discloses without lawful authority any information—
  • (a) which he acquired in the course of his employment;
  • (b) which is, or is derived from, information acquired or held by or for the purposes of any of the government departments or other bodies or persons referred to in Part I of Schedule 4 to this Act or in any corresponding enactment having effect in Great Britain; and
  • (c) which relates to a particular person.
  • (3) It is not an offence under this section—
  • (a) to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it; or
  • (b) to disclose information which has previously been disclosed to the public with lawful authority.
  • (4) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence—
  • (a) he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or
  • (b) he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
  • (5) A person guilty of an offence under this section shall be liable—
  • (a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both; or
  • (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
  • (6) For the purposes of this section, the persons who are “employed in social security administration or adjudication” are—
  • (a) any person specified in Part I of Schedule 4 to this Act or in any corresponding enactment having effect in Great Britain;
  • (b) any other person who carries out the administrative work of any of the government departments or other bodies or persons referred to in that Part of that Schedule or that corresponding enactment; and
  • (c) any person who provides, or is employed in the provision of, services to any of those departments, persons or bodies;

and “employment”, in relation to any such person, shall be construed accordingly.

  • (6A) Subsection (6) above shall have effect as if any health care professional who, for the purposes of Article 19 of the Social Security (Northern Ireland) Order 1998, is provided by any person in pursuance of a contract entered into with the Department were specified in Part I of Schedule 4 to this Act
  • (7) For the purposes of subsections (2) and (6) above, any reference in Part I of Schedule 4 to this Act or in any corresponding enactment having effect in Great Britain to a government department shall be construed in accordance with Part II of that Schedule or any corresponding enactment having effect in Great Britain, and for this purpose “government department” shall be taken to include—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (aa) the Scottish Administration; and
  • (b) the Scottish Courts Administration.
  • (8) For the purposes of this section, the persons who are “employed in the audit of expenditure or the investigation of complaints” are—
  • (a) the Comptroller and Auditor General for Northern Ireland;
  • (b) the Northern Ireland Public Services Ombudsman;
  • (d) the Comptroller and Auditor General;
  • (e) the Parliamentary Commissioner for Administration;
  • (f) any member of the staff of the Northern Ireland Audit Office or the National Audit Office;
  • (g) any other person who carries out the administrative work of either of those Offices, or who provides, or is employed in the provision of, services to either of them;
  • (ga) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (gb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (gc) a member of the Accounts Commission for Scotland and any auditor within the meaning of Part VII of the Local Government (Scotland) Act 1973;
  • (gd) a local auditor within the meaning of the Local Audit and Accountability Act 2014;
  • (ge) the Auditor General for Wales and any member of the Auditor General's staff;
  • (gf) any member of the staff of the Wales Audit Office, and any person providing services to that Office;
  • (h) the Health Service Commissioner for England or Wales ; . . .
  • (ha) a member of the Local Commission for England;
  • (hb) a member of the Local Commission for Wales;
  • (hc) the Scottish Public Services Ombudsman ; and
  • (i) any officer of any of the Commissioners or Commissions referred to in paragraphs ... (e) and (gb) to (hb) above , of the Northern Ireland Public Services Ombudsman, , or of the Scottish Public Services Ombudsman and any person assisting an auditor referred to in paragraph (ga), (gb) or (gc) above;

and “employment”, in relation to any such person, shall be construed accordingly.

  • (9) For the purposes of this section a disclosure is to be regarded as made with lawful authority if, and only if, it is made—
  • (a) in accordance with his official duty—
  • (i) by a civil servant; or
  • (ii) by a person employed in the audit of expenditure or the investigation of complaints, who does not fall within subsection (8)(g) above;
  • (b) by any other person either—
  • (i) for the purposes of the function in the exercise of which he holds the information and without contravening any restriction duly imposed by the person responsible; or
  • (ii) to, or in accordance with an authorisation duly given by, the person responsible;
  • (c) in accordance with any statutory provision or order of a court;
  • (d) for the purpose of instituting, or otherwise for the purposes of, any proceedings before a court or before any tribunal or other body or person referred to in Part I of Schedule 4 to this Act or in any corresponding enactment having effect in Great Britain; or
  • (e) with the consent of the appropriate person;

and in this subsection “the person responsible” means the Department, the Lord Chancellor or any person authorised by the Department or the Lord Chancellor for the purposes of this subsection and includes a reference to “the person responsible” within the meaning of any corresponding enactment having effect in Great Britain.

  • (10) For the purposes of subsection (9)(e) above, “the appropriate person” means the person to whom the information in question relates, except that if the affairs of that person are being dealt with—
  • (a) under a power of attorney;
  • (b) by a controller appointed under Article 101 of the Mental Health (Northern Ireland) Order 1986 or by a receiver appointed under section 99 of the Mental Health Act 1983;
  • (d) by a mental health appointee, that is to say—
  • (i) a person directed or authorised as mentioned in sub-paragraph (a) of rule 38(1) of Order 109 of the Rules of the Supreme Court (Northern Ireland) 1980 or sub-paragraph (a) of rule 41(1) of the Court of Protection Rules 1984; or
  • (ii) a controller ad interim appointed under sub-paragraph (b) of the said rule 38(1) or any receiver ad interim appointed under sub-paragraph (b) of the said rule 41(1),

the appropriate person is the attorney, controller, receiver, custodian or appointee, as the case may be, or, in a case falling within paragraph (a) above, the person to whom the information relates.

Notification of deaths

Regulations as to notification of deaths.

118
  • (1) Regulations made with the concurrence of the Inland Revenue may provide that it shall be the duty of the Registrar General or any registrar to furnish the Department, or the Inland Revenue, for the purposes of their respective functions under the Contributions and Benefits Act , Parts II and III of the Jobseekers (Northern Ireland) Order 1995 , the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997, the Social Security (Northern Ireland) Order 1998, the State Pension Credit Act (Northern Ireland) 2002 , Part 1 of the Welfare Reform Act (Northern Ireland) 2007 , Part 2 of the Welfare Reform (Northern Ireland) Order 2015 , Part 5 of that Order , Part 1 of the Pensions Act (Northern Ireland) 2015 , section 29 of that Act and this Act and the functions of the Secretary of State under any enactment applying in Great Britain corresponding to any of those Acts or those Parts or to those Orders, with the prescribed particulars of such deaths as may be prescribed.
  • (2) The regulations may make provision as to the manner in which and times at which the particulars are to be furnished.
  • (3) In subsection (1) “Registrar General” and “registrar” have the meanings assigned to them in the Births and Deaths Registration (Northern Ireland) Order 1976.

Personal representatives - income support and supplementary benefit

Personal representatives to give information about the estate of a deceased person who was in receipt of income support or supplementary benefit.

119
  • (1) The personal representatives of a person who was in receipt of universal credit income support an income-based jobseeker’s allowance, state pension credit, an income-related employment and support allowance or supplementary benefit at any time before his death shall provide the Department with such information as it may require relating to the assets and liabilities of that person’s estate.
  • (2) If the personal representatives fail to supply any information within 28 days of being required to do so under subsection (1) above, then—
  • (a) the county court may, on the application of the Department, make an order directing them to supply that information within such time as may be specified in the order, and
  • (b) any such order may provide that all costs of and incidental to the application shall be borne personally by any of the personal representatives.

Landlords and agents

Power to require information from landlords and agents.

119A
  • (1) Regulations shall provide that where a claim for housing benefit in respect of a dwelling is made to the Housing Executive and the circumstances are such as are prescribed—
  • (a) the Executive; or
  • (b) a person authorised to exercise any function of the Executive relating to housing benefit,

may require any appropriate person to supply information of a prescribed description to the Executive or other person.

  • (2) Subject to subsection (4) below, for the purposes of subsection (1) above a person is an appropriate person in relation to a dwelling if he is—
  • (a) a person to whom anyone is, or claims to be, liable to make relevant payments;
  • (b) a person to whom, or at whose direction, a person within paragraph (a) above has agreed to make payments in consequence of being entitled to receive relevant payments; or
  • (c) a person acting on behalf of a person within paragraph (a) or (b) above in connection with any aspect of the management of the dwelling.
  • (3) In subsection (2) above “relevant payments”, in relation to a dwelling, means payments in respect of the dwelling which are of a description in relation to which housing benefit may be paid.
  • (4) Regulations may provide that any prescribed person, or any person of a prescribed description, is not an appropriate person for ,?the purposes of subsection (1) above.
  • (5) The descriptions of information which may be prescribed for the purposes of subsection (1) above include, in particular, any description of information relating to, or to any interest in or other connection with, dwellings and other property situated anywhere in the United Kingdom.
  • (6) Information shall be supplied under subsection (1) above in such manner and form, and at such time and in accordance with such other requirements, as may be prescribed.
  • (7) Information supplied to the Housing Executive or other person under subsection (1) above may be used by the Executive or other person only in the exercise of any function relating to housing benefit.
  • (8) The provisions of section 116D above apply in relation to any information supplied under subsection (1) above which is not benefit administration information (within the meaning of those provisions) as if it were.

Housing benefit

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

120

Statutory sick pay and other benefits

Disclosure by the Department for purpose of determination of period of entitlement to statutory sick pay.

121

Where the Department considers that it is reasonable for information held by the Department to be disclosed to an employer, for the purpose of enabling that employer to determine the duration of a period of entitlement under Part XI of the Contributions and Benefits Act in respect of an employee, or whether such a period exists, the Department may disclose the information to that employer.

Duties of employers - statutory sick pay and claims for other benefits.

122
  • (1) Regulations may make provision requiring an employer, in a case falling within subsection (3) below to furnish information in connection with the making, by a person who is, or has been, an employee of that employer, of a claim for—
  • (za) universal credit;
  • (a) short-term incapacity benefit;
  • (b) a maternity allowance;
  • (c) long-term incapacity benefit;
  • (d) industrial injuries benefit; . . .

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • (f) an employment and support allowance.
  • (2) Regulations under this section shall prescribe—
  • (a) the kind of information to be furnished in accordance with the regulations;
  • (b) the person to whom information of the prescribed kind is to be furnished; and
  • (c) the manner in which, and period within which, it is to be furnished.
  • (3) The cases are—
  • (a) where, by virtue of paragraph 2 of Schedule 11 to the Contributions and Benefits Act or of regulations made under paragraph 1 of that Schedule, a period of entitlement does not arise in relation to a period of incapacity for work;
  • (b) where a period of entitlement has come to an end but the period of incapacity for work which was running immediately before the period of entitlement came to an end continues; and
  • (c) where a period of entitlement has not come to an end but, on the assumption that—
  • (i) the period of incapacity for work in question continues to run for a prescribed period; and
  • (ii) there is no material change in circumstances,

the period of entitlement will have ended on or before the end of the prescribed period.

  • (4) Regulations made with the concurrence of the Inland Revenue—
  • (a) may require employers to maintain such records in connection with statutory sick pay as may be prescribed;
  • (b) may provide for—
  • (i) any person claiming to be entitled to statutory sick pay; or
  • (ii) any other person who is a party to proceedings arising under Part XI of the Contributions and Benefits Act,

to furnish to the Department or the Inland Revenue (as the regulations may require), within a prescribed period, any information required for the determination of any question arising in connection therewith; and

  • (c) may require employers who have made payments of statutory sick pay to furnish to the Department or the Inland Revenue (as the regulations may require) such documents and information, at such times, as may be prescribed.
  • (5) Regulations made with the concurrence of the Inland Revenue may require employers to produce wages sheets and other documents and records to officers of the Inland Revenue, within a prescribed period, for the purpose of enabling them to satisfy themselves that statutory sick pay has been paid, and is being paid, in accordance with regulations under section 5 above, to employees or former employees who are entitled to it.

Statutory maternity pay and other benefits

Disclosure by the Department for purpose of determination of period of entitlement to statutory maternity pay.

123

Where the Department considers that it is reasonable for information held by the Department to be disclosed to a person liable to make payments of statutory maternity pay for the purpose of enabling that person to determine—

  • (a) whether a maternity pay period exists in relation to a woman who is or has been an employee of his; and
  • (b) if it does, the date of its commencement and the weeks in it in respect of which he may be liable to pay statutory maternity pay,

the Department may disclose the information to that person.

Duties of employers - statutory maternity pay and claims for other benefits.

124
  • (1) Regulations may make provision requiring an employer in prescribed circumstances to furnish information in connection with the making of a claim by a woman who is or has been his employee for—
  • (za) universal credit;
  • (a) a maternity allowance;
  • (aa) an employment and support allowance;
  • (b) short-term incapacity benefit;
  • (c) a long-term incapacity benefit under section 30A, 40 or 41 of the Contributions and Benefits Act; . . .
  • (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) Regulations under this section shall prescribe—
  • (a) the kind of information to be furnished in accordance with the regulations;
  • (b) the person to whom information of the prescribed kind is to be furnished; and
  • (c) the manner in which, and period within which, it is to be furnished.
  • (3) Regulations made with the concurrence of the Inland Revenue—
  • (a) may require employers to maintain such records in connection with statutory maternity pay as may be prescribed;
  • (b) may provide for—
  • (i) any woman claiming to be entitled to statutory maternity pay; or
  • (ii) any other person who is a party to proceedings arising under Part XII of the Contributions and Benefits Act,

to furnish to the Department or the Inland Revenue (as the regulations may require), within a prescribed period, any information required for the determination of any question arising in connection therewith; and

  • (c) may require persons who have made payments of statutory maternity pay to furnish to the Department or the Inland Revenue (as the regulations may require) such documents and information, at such times, as may be prescribed.
  • (4) Regulations made with the concurrence of the Inland Revenue may require employers to produce wages sheets and other documents and records to officers of the Inland Revenue, within a prescribed period, for the purpose of enabling them to satisfy themselves that statutory maternity pay has been paid, and is being paid, in accordance with regulations under section 5 above, to employees or former employees who are entitled to it.

Maintenance proceedings

Furnishing of addresses for maintenance proceedings, etc.

125
  • (1) The Department may incur expenses for the purpose of furnishing the address at which a person is recorded by it as residing, where the address is required for the purpose of taking or carrying on legal proceedings to obtain or enforce an order for the making by the person of payments—
  • (a) for the maintenance of the person’s spouse, former spouse, civil partner or former civil partner ; or
  • (b) for the maintenance or education of any child of the person, or of any child of the person’s spouse, former spouse, civil partner or former civil partner.
  • (2) In subsection (1)(b) above “son or daughter” includes an illegitimate son or daughter.

Part VIII — Arrangements for Housing Benefit

Housing benefit

Arrangements for housing benefit.

126
  • (1) Housing benefit provided by virtue of a scheme under section 122 of the Contributions and Benefits Act (in this Act referred to as “the housing benefit scheme”)—
  • (a) is to be in the form of a rate rebate, if it is in respect of payments by way of rates;
  • (b) is to be in the form of a rent rebate, if it is in respect of payments, other than payments by way of rates, to be made to the Housing Executive; and
  • (c) is in any other case to be in the form of a rent allowance.
  • (2) The rebates and allowances referred to in subsection (1) above may take any of the following forms, that is to say—
  • (a) a payment or payments by the Housing Executive or the Department of the Environment, as the case may be, to the person entitled to the benefit; and
  • (b) a reduction in the amount of any payments which that person is liable to make to the Housing Executive or the Department of the Environment, as the case may be, by way of rent or rates; or
  • (c) such a payment or payments and such a reduction;

and in any statutory provision (whenever passed or made) “pay”, in relation to housing benefit, includes discharge in any of those forms.

  • (3) Housing benefit shall be administered by—
  • (a) the Housing Executive in so far as it relates to persons who are tenants of the Executive, private tenants or tenants of registered housing associations;
  • (b) the Department of the Environment in so far as it relates to persons who own and occupy their dwellings.
  • (4) Regulations may provide that in prescribed cases a payment made by a person entitled to a rent allowance shall be treated for the purposes of subsection (1)(a) above as being, to such extent as may be prescribed, a payment by way of rates.
  • (5) Circumstances may be prescribed in which a rate rebate may be treated as if it fell to be paid as a rent allowance.
  • (6) In this section—
  • private tenants” means tenants under any tenancy except—a tenancy under which the estate of the landlord belongs to—the Housing Executive; ora registered housing association;a tenancy the purpose of which is to confer on the tenant the right to occupy a dwelling-house for a holiday;
  • registered housing association” means a housing association registered in the register maintained under Part II of the Housing (Northern Ireland) Order 1992 .

Housing benefit finance.

127
  • (1) The Department shall in respect of each financial year pay to the Housing Executive a grant towards the expenditure incurred or to be incurred by the Executive in that year under this Part (including, if the Department so determines, an amount towards the cost of administering housing benefit).
  • (2) The amount of the grant under subsection (1) above which is to be paid to the Housing Executive shall be such as the Department may, with the approval of the Department of Finance and Personnel, determine.
  • (3) A grant under subsection (1) above shall be payable by the Department at such time and in such manner as the Department may think fit.

Claims etc.

128
  • (1) Unless the Department otherwise determines, a grant under section 127 above shall not be payable until the Housing Executive has made a claim for it in such form as the Department may determine.
  • (2) The Department may withhold from the Housing Executive so much of any grant under section 127 above as it thinks fit until either—
  • (a) the Executive has supplied it with prescribed particulars relating to its claim for a grant and complied with prescribed conditions as to records, certificates, audit or otherwise; or
  • (b) the Department is satisfied that there is a good reason for the Executive’s failure to supply those particulars or comply with those conditions.
  • (3) If the Housing Executive fails to make a claim for a grant within such period as the Department considers reasonable, the Department may withhold from the Executive such part of the grant as it thinks fit for so long as it thinks fit.
  • (4) Where the amount of the grant paid to the Housing Executive for any year is found to be incorrect, the amount payable to it for any subsequent year may be adjusted for the purpose of rectifying that mistake in whole or in part.

Reports

Persons to report on administration.

128A
  • (1) The Department may authorise persons to consider and report to it on the administration by the Housing Executive of housing benefit and, in particular, the Executive’s performance in the prevention and detection of fraud relating to that benefit.
  • (2) A person may be authorised under subsection (1) above on such terms and for such period as the Department thinks fit.

Powers of investigation.

128B
  • (1) A person authorised under section 128A(1) above—
  • (a) has a right of access at all reasonable times to any document relating to the administration of housing benefit;
  • (b) is entitled to require from any person holding or accountable for any such document such information and explanation as he thin-ks necessary; and
  • (c) is entitled, if he thinks it necessary, to require any such person to produce any such document or to attend before him in person to give such information or explanation.
  • (2) A person authorised under section 128A(1) above is entitled to require any officer or member of the Housing Executive or any person involved in the administration of housing benefit for the Executive—
  • (a) to give him such information and explanation relating to the administration of housing benefit as he thinks necessary; and
  • (b) if he thinks it necessary, to require any such person to attend before him in person to give the information or explanation.
  • (3) A person who without reasonable excuse fails to comply with a requirement under subsection (1) or (2) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
  • (4) A person authorised under section 128A(1) above may—
  • (a) require any document or information which is to be given to him under subsection (1) or (2) above to be given in any form reasonably specified by him; and
  • (b) take copies of any document produced to him.
  • (5) In this section “document” means anything in which information of any description is recorded.

Reports.

128C
  • (1) A report about the Housing Executive by a person authorised under section 128A(1) above may include recommendations about improvements which could be made by the Executive in its administration of housing benefit and, in particular, in the prevention and detection of fraud relating to that benefit.
  • (2) When the Department receives a report about the Housing Executive from a person authorised under section 128A(1) above, it shall send a copy to the Executive.

Directions by Department

Directions.

128D
  • (1) This section applies where—
  • (a) a copy of a report has been sent to the Housing Executive under section 128C(2) above;
  • (b) a report has been laid before the Assembly under Article 21(5) of the Housing (Northern Ireland) Order 1981; or
  • (c) a copy of a report has been sent to the Housing Executive under Article 6(7) of the Social Security Administration (Fraud) (Northern Ireland) Order 1997.
  • (2) The Department may require the Housing Executive to consider the report and to submit proposals for—
  • (a) improving the Executive’s performance in relation to the prevention and detection of fraud relating to housing benefit or otherwise in relation to the administration of that benefit; and
  • (b) remedying any failings identified by the report.
  • (2A) A requirement under subsection (2) above may specify—
  • (a) any information or description of information to be provided;
  • (b) the form and manner in which the information is to be provided.
  • (2B) The Housing Executive must respond to a requirement under subsection (2) above before the end of such period (not less than one month after the day on which the requirement is made) as the Department specifies in the requirement.
  • (2C) The Department may extend the period specified under subsection (2B) above.
  • (3) After considering—
  • (a) the report,
  • (b) any proposals made by the Housing Executive in response to it, and
  • (c) any other information the Department thinks is relevant,

the Department may give directions to the Housing Executive under subsection (3A) or (3B) below or both.

  • (3A) Directions under this subsection are directions as to—
  • (a) standards which the Housing Executive is to attain in the prevention and detection of fraud relating to housing benefit or otherwise in the administration of that benefit;
  • (b) the time within which the standards are to be attained.
  • (3B) Directions under this subsection are directions to take such action as the Department thinks necessary or expedient for the purpose of improving the Housing Executive's exercise of its functions—
  • (a) in relation to the prevention and detection of fraud relating to housing benefit;
  • (b) otherwise in relation to the administration of that benefit.
  • (3C) A direction under subsection (3B) above may specify the time within which anything is to be done.
  • (4) When giving directions to the Housing Executive under subsection (3A) above, the Department may make recommendations to the Executive setting out any course of action which the Department thinks the Executive might take to attain the standards which it is directed to attain.
  • (5) If the Department proposes to give a direction under this section it must give the Housing Executive an opportunity to make representations about the proposed direction.
  • (6) The Department may specify a period within which representations mentioned in subsection (5) above must be made.
  • (7) The Department may extend a period specified under subsection (6) above.
  • (8) Subsections (5) to (7) above do not apply if the Department thinks that it is necessary for a direction to be given as a matter of urgency.
  • (9) If the Department acts under subsection (8) above it must give in writing to the Housing Executive its reasons for doing so.

Directions: variations and revocation

128DA
  • (1) The Department may at any time in accordance with this section vary or revoke a direction under section 128D above.
  • (2) A direction may be varied or revoked only if the Department thinks it is necessary to do so—
  • (a) in consequence of representations made by the Housing Executive,
  • (b) to rectify an omission or error, or
  • (c) in consequence of a material change in circumstances.
  • (3) The Department must not vary a direction unless it first—
  • (a) sends a copy of the proposed variation to the Housing Executive,
  • (b) gives the Housing Executive its reasons for making the variation, and
  • (c) gives the Housing Executive an opportunity to make representations about the proposed variation.
  • (4) The Department may specify a period of not less than one month within which representations mentioned in subsection (3)(c) above must be made.
  • (5) The Department may extend a period specified under subsection (4) above.

Information about attainment of standards.

128E
  • (1) Where directions have been given to the Housing Executive under section 128D(3A) or (3B) above, the Department may require the Executive to supply to it any information which the Department considers may assist it in deciding—
  • (a) whether the Executive has attained the standards which it has been directed to attain; or
  • (aa) whether the Housing Executive has taken the action which it has been directed to take;
  • (b) whether the Executive is likely to attain those standards or take that action within the time specified in the directions.
  • (2) Information shall be supplied under subsection (1) above in such manner and form as the Department may require.

Financing of other expenditure.

128EE
  • (1) The Department may make to any relevant authority such payments as it thinks fit in respect of expenses incurred by that authority in connection with the carrying out of any relevant function—
  • (a) by that authority,
  • (b) by any person providing services to that authority, or
  • (c) by any person authorised by that authority to carry out that function.
  • (2) In subsection (1)—
  • “relevant authority” means any authority (other than a government department) for the purposes of section 2A, 2C or 5A above;
  • “relevant function” means any function conferred by virtue of section 2A, 2C or 5A above.

Enforcement notices.

128F
  • (1) Where directions have been given to the Housing Executive under section 128D(3A) or (3B) above and the Department—
  • (a) is not satisfied that the Executive has attained the standards which it has been directed to attain; or
  • (aa) is not satisfied that the Housing Executive has taken the action which it has been directed to take;
  • (b) is not satisfied that the Executive is likely to attain those standards or take that action within the time specified in the directions,

the Department may serve on the Executive a written notice under this section.

  • (2) The notice shall—
  • (a) identify the directions and state why the Department is not satisfied as mentioned in paragraph (a) , (aa) or (b) of subsection (1) above; and
  • (b) require the Housing Executive to submit a written response to the Department within a time specified in the notice.
  • (3) If any person (other than the Housing Executive) carrying out work relating to the administration of housing benefit may be affected by any determination which may be made under section 128G below, the Executive shall—
  • (a) consult that person before submitting its response; and
  • (b) include in its response any relevant observations made by that person.
  • (4) If the notice identifies directions under section 128D(3A) above, the Housing Executive’s response shall either—
  • (a) state that the Executive has attained the standards, or is likely to attain them within the time specified in the directions, and justify that statement; or
  • (b) state that the Executive has not attained the standards, or is not likely to attain them within that time, and (if the Executive wishes) give reasons why a determination under section 128G below should not be made or should not include any particular provision.
  • (4A) If the notice identifies directions under section 128D(3B) above, the Housing Executive's response shall either—
  • (a) state that the Housing Executive has taken the action, or is likely to take it within the time specified in the directions, and justify that statement; or
  • (b) state that the Housing Executive has not taken the action, or is not likely to take it within that time, and (if the Housing Executive wishes) give reasons why a determination under section 128G below should not be made or should not include any particular provision.
  • (5) The notice may relate to any one or more matters covered by the directions.
  • (6) The serving of a notice under this section relating to any directions or matter does not prevent the serving of further notices under this section relating to the same directions or matter.

Enforcement determinations.

128G
  • (1) Where, after the time specified in the notice under section 128F above has expired, the Department—
  • (a) is not satisfied that the Housing Executive has attained the standards or taken the action in question; or
  • (b) is not satisfied that the Executive is likely to attain those standards or take that action within the time specified in the directions,

the Department may make a determination under this section.

  • (2) The determination may be made whether or not the Housing Executive has responded to the notice under section 128F above.
  • (3) The determination shall be designed to secure the attainment of the standards or the taking of the action in question and—
  • (a) shall include provision such as is specified in subsection (4) below; and
  • (b) may also include provision such as is specified in subsection (5) below.
  • (4) The provision referred to in paragraph (a) of subsection (3) above is provision that the Housing Executive must comply with specified requirements as to inviting, preparing, considering and accepting bids to carry out any work which—
  • (a) falls to be carried out in pursuance of the Executive’s functions relating to the administration of housing benefit; and
  • (b) is of a description specified in the determination.
  • (5) The provision referred to in paragraph (b) of that subsection is provision of any one or more of the following kinds relating to the work, or any specified category of the work, to which the determination relates—
  • (a) provision that it may not be carried out by the Housing Executive;
  • (b) provision that it may not be carried out by any person (other than the Executive) who has been carrying it out; and
  • (c) provision that any contract made by the Executive with any person for carrying it out shall include terms requiring a level of performance which will secure, or contribute to securing, the attainment of the standards or the taking of the action in question.

Enforcement determinations: supplementary.

128H
  • (1) The provisions included in a determination under section 128G above shall take effect from a date specified in the determination; and different dates may be specified in relation to different provisions.
  • (2) The making of a determination under section 128G above in relation to any directions does not prevent the making of further determinations under that section in relation to the same directions.
  • (3) The provision included in a determination by virtue of section 1286(3) above may include—
  • (a) requirements that the Department be satisfied as to any specified matter; and
  • (b) requirements that the Department authorise or consent to any specified matter.
  • (4) The provision so included may also include provision as to the time at which any contract for the carrying out of work to which the determination relates (and which is not previously discharged) is to be taken to be frustrated by the determination.
  • (5) A determination under section 128G above shall have effect in spite of any statutory provision under or by virtue of which the Housing Executive is required or authorised to carry out any work to which the determination relates.

Part IX — Alteration of Contributions and Benefits

Alteration of contributions, etc.

Amendments following alterations in Great Britain.

129

Whenever the Treasury makes an order under section 141, 143, . . . or 145 of the Great Britain Administration Act (alteration of contributions), the order may also make corresponding provision for Northern Ireland.

Revaluation of earnings factors.

130

Whenever the Secretary of State makes an order under section 148 of the Great Britain Administration Act (revaluation of earnings factors), the Department may make a corresponding order for Northern Ireland.

Revaluation of low earnings threshold

130A

Whenever the Secretary of State makes an order under section 148A of the Great Britain Administration Act (revaluation of low earnings threshold), the Department may make a corresponding order for Northern Ireland.

Revaluation of flat rate accrual amount

130AA

Whenever the Secretary of State makes an order under section 148AA of the Great Britain Administration Act (revaluation of flat rate accrual amount), the Department may make a corresponding order for Northern Ireland.

Revaluation for transitional pensions under Pensions Act (Northern Ireland) 2015

130AC
  • (1) Whenever the Secretary of State makes an order under section 148AC of the Great Britain Administration Act (revaluation for transitional pensions under Pensions Act 2014), the Department may make a corresponding order for Northern Ireland.
  • (2) The percentage specified in an order under subsection (1) is the “revaluing percentage” for the purposes of paragraph 6(5) of Schedule 1 to the Pensions Act (Northern Ireland) 2015.

Revaluation of new state scheme pension debits and credits

130AD

Whenever the Secretary of State makes an order under section 148AD of the Great Britain Administration Act, the Department may make a corresponding order for Northern Ireland.

Statutory sick pay - power to alter limit for small employers’ relief.

131

Whenever the Secretary of State makes regulations prescribing an amount which an employer’s contributions payments must not exceed if he is to be a small employer for the purposes of section 154 of the Great Britain Contributions and Benefits Act, the Department shall make corresponding regulations for Northern Ireland.

Review and alteration of benefits

Annual up-rating of benefits.

132
  • (1) Whenever the Secretary of State or the Treasury makes an order under section 150 of the Great Britain Administration Act the Department may make a corresponding order for Northern Ireland.
  • (2) An increase in a sum such as is specified in subsection (3)(b) below shall form part of the Category A or Category B retirement pension of the person to whom it is paid and an increase in a sum such as is specified in subsection (3)(a) below shall be added to and form part of that pension but shall not form part of the sum increased.
  • (3) The sums referred to in subsection (2) above are those which are—
  • (a) payable by virtue of section 11(1) of the Pensions Act to a relevant person (including any sum payable by virtue of section 13(2) of that Act); or
  • (b) payable to such a person as part of his Category A or Category B retirement pension by virtue of—
  • (i) an order made under this section corresponding to an order made under section 150 of the Great Britain Administration Act by virtue of paragraph (e)(ii) of subsection (1) of that section;
  • (ii) an order made under section 120 of the 1975 Act corresponding to an order made under section 126A of the Social Security Act 1975; or
  • (iii) an order made under Article 64 of the 1986 Order corresponding to an order made under section 63(1)(d) of the Social Security Act 1986.
  • (3ZA) In subsection (3)(a) “relevant person” means a person—
  • (a) who became entitled to a Category A or Category B retirement pension before the day on which section 3(1) of the Pensions Act (Northern Ireland) 2012 comes into operation, and
  • (b) to whom sums became payable by virtue of section 11(1) of the Pensions Act (including sums payable by virtue of section 13(2) of that Act) before that day.
  • (3ZB) In subsection (3ZA)—
  • (a) a reference to becoming entitled to a pension before a day includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day;
  • (b) a reference to sums becoming payable before a day includes a reference to sums becoming payable on or after that day in respect of a period before that day.
  • (3A) Where a member of a scheme which was at a time before 7 June 2012 (the date appointed for the commencement of section 13(1) of the Pensions Act (Northern Ireland) 2008) an appropriate personal pension scheme or a money purchase contracted-out scheme continues in employment after attaining pensionable age and the commencement of his pension under the scheme is postponed, the preceding provisions of this section shall have effect as if—
  • (a) the guaranteed minimum pension to which he is treated as entitled by virtue of section 44(2)(a) of the Pensions Act were subject to increases in accordance with the provisions of section 11(1) of that Act; and
  • (b) the amounts of any notional increases referred to in paragraph (a) above were subject to annual up-rating in the same way as if they were sums to which subsection (3)(a) above applied.
  • (3B) Subsection (3A) does not have effect unless—
  • (a) the member became entitled to a Category A or Category B retirement pension before the day on which section 3(2) of the Pensions Act (Northern Ireland) 2012 comes into operation, and
  • (b) the member's postponed pension under the scheme became payable before that day.
  • (3C) In subsection (3B)—
  • (a) a reference to becoming entitled to a pension before a day includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day;
  • (b) a reference to a pension becoming payable before a day includes a reference to a pension becoming payable on or after that day in respect of a period before that day.
  • (4) Where any increment under section 11(1) of the Pensions Act—
  • (a) is increased in any tax year by an order under section 105 of that Act; and
  • (b) in that tax year also falls to be increased by an order under this section,

the increase under this section shall be the amount that would have been specified in the order, but for this subsection, less the amount of the increase under Article 39A of the Pensions Order.

  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (6) The reference in subsection (1) above to an order made under section 150 of the Great Britain Administration Act includes a reference to an order made in exercise of the powers conferred by regulations made under subsection (11) of that section.

Annual up-rating of basic pension etc. and standard minimum guarantee

132A

Whenever the Secretary of State makes an order under section 150A of the Great Britain Administration Act, the Department may make a corresponding order for Northern Ireland.

Up-rating of transitional state pensions under Pensions Act (Northern Ireland) 2015

132B

Whenever the Secretary of State makes an order under section 151A of the Great Britain Administration Act (up-rating of transitional state pensions under Pensions Act 2014), the Department may make a corresponding order for Northern Ireland.

Rectification of mistakes in up-rating orders.

133

Whenever the Secretary of State or the Treasury makes an order under section 152 of the Great Britain Administration Act, the Department may make a corresponding order for Northern Ireland.

Social security benefits in respect of children.

134
  • (1) Regulations may, with effect from any day on or after that on which there is an increase in the rate or any of the rates of child benefit, reduce any sum specified in any of the provisions mentioned in subsection (2) below to such extent as the Department thinks appropriate having regard to that increase.
  • (2) The provisions referred to in subsection (1) above are the following provisions of Schedule 4 to the Contributions and Benefits Act—
  • (a) paragraph 6 of Part I (child’s special allowance);
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (d) paragraph 7 of Part V (increase of weekly rate of disablement pension in respect of child dependants);
  • (e) paragraph 12 of Part V (allowance in respect of deceased’s children).

Part X — Computation of Benefits

Effect of alteration of rates of benefit under Parts II to V of Contributions and Benefits Act.

135
  • (1) This section has effect where the rate of any benefit to which this section applies is altered—
  • (a) by a statutory provision made subsequent to this Act;
  • (b) by an order under section 132 , 132A or 133 above; or
  • (c) in consequence of any such statutory provision or order altering any maximum rate of benefit;

and in this section “the commencing date” means the date fixed for payment of benefit at an altered rate to commence.

  • (2) This section applies to benefit under Part II, III, IV or V of the Contributions and Benefits Act.
  • (3) Subject to such exceptions or conditions as may be prescribed, where—
  • (a) the weekly rate of a benefit to which this section applies is altered to a fixed amount higher or lower than the previous amount; and
  • (b) before the commencing date an award of that benefit has been made (whether before or after the making of the relevant statutory provision),

except as respects any period falling before the commencing date, the benefit shall become payable at the altered rate without any claim being made for it in the case of an increase in the rate of benefit or any review of the award in the case of a decrease, and the award shall have effect accordingly.

  • (4) Where—
  • (a) the weekly rate of a benefit to which this section applies is altered; and
  • (b) before the commencing date (but after that date is fixed) an award is made of the benefit,

the award either may provide for the benefit to be paid as from the commencing date at the altered rate or may be expressed in terms of the rate appropriate at the date of the award.

  • (5) Where in consequence of the making of a statutory provision altering the rate of disablement pension, regulations are made varying the scale of disablement gratuities, the regulations may provide that the scale as varied shall apply only in cases where the period taken into account by the assessment of the extent of the disablement in respect of which the gratuity is awarded begins or began after such day as may be prescribed.
  • (6) Subject to such exceptions or conditions as may be prescribed, where—
  • (a) for any purpose of any statutory provision the weekly rate at which a person contributes to the cost of providing for a child or qualifying young person, or to the maintenance of an adult dependant, is to be calculated for a period beginning on or after the commencing date for an increase in the weekly rate of benefit; but
  • (b) account is to be taken of amounts referable to the period before the commencing date,

those amounts shall be treated as increased in proportion to the increase in the weekly rate of benefit.

  • (7) So long as sections 35 and 36 of the National Insurance Act (Northern Ireland) 1966 (graduated retirement benefit) continue in force by virtue of regulations made under Schedule 3 to the Social Security (Consequential Provisions) Act 1975 or under Schedule 3 to the Consequential Provisions Act, regulations may make provision for applying the provisions of this section—
  • (a) to the amount of graduated retirement benefit payable for each unit of graduated contributions,
  • (b) to increases of such benefit under any provisions made by virtue of Article 26(1)(a) of the Pensions Order or section 62(1)(a) of the Contributions and Benefits Act, and
  • (c) to any addition under section 36(1) of the National Insurance Act (Northern Ireland) 1966 (addition to weekly rate of retirement pension for widows, widowers and surviving civil partners) to the amount of such benefit.

Power to anticipate pensions up-rating order.

135A
  • (1) This section applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—
  • (a) the amounts by which he proposes, by an order under section 150, 150A or 151A (as the case may be) of the Great Britain Administration Act, to increase—
  • (i) the weekly sums that are payable by way of state pension under the Pensions Act (Northern Ireland) 2015, retirement pension or shared additional pension; or
  • (ii) the amount of graduated retirement benefit payable for each unit of graduated contributions; and
  • (b) the date on which he proposes to bring the increases into force (“the commencing date”).
  • (2) Where, before the commencing date and after the date on which the statement is made, an award is made of a state pension, a retirement pension a shared additional pension or a graduated retirement benefit, the award either may provide for the pension or benefit to be paid as from the commencing date at the increased rate or may be expressed in terms of the rate appropriate at the date of the award.

Up-rating under section 132 of pensions increased under section 52(3) of Contributions and Benefits Act.

136
  • (1) This section applies in any case where a person is entitled to a Category A retirement pension with an increase, under section 52(3) of the Contributions and Benefits Act, in the additional pension on account of the contributions of a spouse or civil partner who has died.
  • (2) Where in the case of any up-rating order under section 132 above—
  • (a) the spouse’s or civil partner's final relevant year is the tax year preceding the tax year in which the up-rating order comes into force, but
  • (b) the person’s final relevant year was an earlier tax year,

then the up-rating order shall not have effect in relation to that part of the additional pension which is attributable to the spouse’s or civil partner's contributions.

  • (3) Where in the case of any up-rating order under section 132 above—
  • (a) the person’s final relevant year is the tax year preceding the tax year in which the up-rating order comes into force, but
  • (b) the spouse’s or civil partner's final relevant year was an earlier tax year,

then the up-rating order shall not have effect in relation to that part of the additional pension which is attributable to the person’s contributions.

Effect of alteration of rates of child benefit.

137
  • (1) Subsections (3) and (4) of section 135 above shall have effect where there is an increase in the rate or any of the rates of child benefit as they have effect in relation to the rate of benefit to which that section applies.
  • (2) Where in connection with child benefit—
  • (a) any question arises in respect of a period after the date fixed for the commencement of payment of child benefit at an increased rate—
  • (i) as to the weekly rate at which a person is contributing to the cost of providing for a child or qualifying young person ; or
  • (ii) as to the expenditure that a person is incurring in respect of a child or qualifying young person ; and
  • (b) in determining that question account falls to be taken of contributions made or expenditure incurred for a period before that date,

the contributions made or expenditure incurred before that date shall be treated as increased in proportion to the increase in the rate of benefit.

Treatment of excess benefit as paid on account of child benefit.

138
  • (1) In any case where—
  • (a) any benefit as defined in section 121 of the Contributions and Benefits Act or any increase of such benefit (“the relevant benefit or increase”) has been paid to a person for a period in respect of a child or qualifying young person ; and
  • (b) subsequently child benefit for that period in respect of the child or qualifying young person becomes payable at a rate which is such that, had the relevant benefit or increase been awarded after the child benefit became payable, the rate of the relevant benefit or increase would have been reduced,

then, except in so far as regulations otherwise provide, the excess shall be treated as paid on account of child benefit for that period in respect of the child or qualifying young person .

  • (2) In subsection (1) above “the excess” means so much of the relevant benefit or increase as is equal to the difference between—
  • (a) the amount of it which was paid for the period referred to in that subsection; and
  • (b) the amount of it which would have been paid for that period if it had been paid at the reduced rate referred to in paragraph (b) of that subsection.

Effect of alteration in the component rates of income support.

139
  • (1) Subject to such exceptions and conditions as may be prescribed, where—
  • (a) an award of income support is in force in favour of any person (“the recipient”); and
  • (b) there is an alteration in any of the relevant amounts, that is to say—
  • (i) any of the component rates of income support;
  • (ii) any of the other sums specified in regulations under Part VII of the Contributions and Benefits Act; or
  • (iii) the recipient’s benefit income; and
  • (c) the alteration affects the computation of the amount of income support to which the recipient is entitled,

then subsection (2) or (3) below (as the case may be) shall have effect.

  • (2) Where, in consequence of the alteration in question, the recipient becomes entitled to an increased or reduced amount of income support (“the new amount”), then, as from the commencing date, the amount of income support payable to or for the recipient under the award shall be the new amount, without any further decision of the Department, and the award shall have effect accordingly.
  • (3) Where, notwithstanding the alteration in question, the recipient continues on and after the commencing date to be entitled to the same amount of income support as before, the award shall continue in force accordingly.
  • (4) In any case where—
  • (a) there is an alteration in any of the relevant amounts; and
  • (b) before the commencing date (but after that date is fixed) an award of income support is made in favour of a person,

the award either may provide for income support to be paid as from the commencing date, in which case the amount shall be determined by reference to the relevant amounts which will be in force on that date, or may provide for an amount determined by reference to the amounts in force at the date of the award.

  • (5) In this section—
  • alteration” means—in relation to—the component rates of income support; orany other sums specified in regulations under Part VII of the Contributions and Benefits Act,

their alteration by or under any statutory provision whether or not contained in that Part; and

  • (b) in relation to a person’s benefit income, the alteration of any of the applicable sums—
  • (i) by any statutory provision; or
  • (ii) by an order under section 132 , 132A , 132B or 133 above,

to the extent that any such alteration affects the amount of his benefit income;

  • applicable sums” means sums to which an order made under section 132, 132A or 132B above corresponding to an order made under section 150, 150A or 151A (as the case may be) of the Great Britain Administration Act may apply;
  • benefit income”, in relation to any person, means so much of his income as consists of—benefit under the Contributions and Benefits Act, other than income support; state pension under Part 1 of the Pensions Act (Northern Ireland) 2015; personal independence payment; ora war disablement pension or war widow’s pension;
  • the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in the case of the person in question;
  • component rate”, in relation to income support, means the amount of—the sum referred to in section 125(5)(b)(i) and (ii) of the Contributions and Benefits Act; orany of the sums specified in regulations under section 131(1) of that Act;
  • relevant amounts” has the meaning given by subsection (1)(b) above.

Effect of alteration of rates of a jobseeker’s allowance.

139A
  • (1) This section applies where—
  • (a) an award of a jobseeker’s allowance is in force in favour of any person (“the recipient”); and
  • (b) an alteration—
  • (i) in any component of the allowance, or
  • (ii) in the recipient’s benefit income, affects the amount of the jobseeker’s allowance to which he is entitled.
  • (2) Subsection (3) applies where, as a result of the alteration, the amount of the jobseeker’s allowance to which the recipient is entitled is increased or reduced.
  • (3) As from the commencing date, the amount of the jobseeker’s allowance payable to or for the recipient under the award shall be the increased or reduced amount, without any further decision of the Department, and the award shall have effect accordingly.
  • (4) In any case where—
  • (a) here is an alteration of a kind mentioned in subsection (1)(b); and
  • (b) before the commencing date (but after that date is fixed) an award of a jobseeker’s allowance is made in favour of a person,

the award may provide for the jobseeker’s allowance to be paid as from the commencing date, in which case the amount of the jobseeker’s allowance shall be determined by reference to the components applicable on that date, or may provide for an amount determined by reference to the components applicable at the date of the award.

  • (5) In this section—
  • “alteration” means—in relation to any component of a jobseeker’s allowance, its alteration by or under any enactment; andin relation to a person’s benefit income, the alteration of any of the applicable sums by any enactment or by an order under section 132, 132A or 132B above, to the extent that any such alteration affects the amount of the recipient’s benefit income;
  • “applicable sums” has the same meaning as in section 139 above;
  • “benefit income”, in relation to a recipient, means so much of his income as consists of—benefit under the Contributions and Benefits Act; state pension under Part 1 of the Pensions Act (Northern Ireland) 2015; personal independence payment; ora war disablement pension or war widow’s pension;
  • “the commencing date” in relation to an alteration, means the date on which the alteration comes into operation in relation to the recipient;
  • “component”, in relation to a jobseeker’s allowance, means any of the sums specified in regulations under the Jobseekers (Northern Ireland) Order 1995 which are relevant in calculating the amount payable by way of a jobseeker’s allowance.

Effect of alterations affecting state pension credit

139B
  • (1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) below shall have effect where—
  • (a) an award of state pension credit is in force in favour of any person (“the recipient”); and
  • (b) an alteration—
  • (i) in any component of state pension credit,
  • (ii) in the recipient’s benefit income,
  • (iii) in any component of a contribution-based jobseeker’s allowance,
  • (iiia) in any component of a contributory employment and support allowance, or
  • (iv) in the recipient’s war disablement pension or war widow’s or widower’s pension,

affects the computation of the amount of state pension credit to which he is entitled.

  • (2) Where, as a result of the alteration, the amount of state pension credit to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of state pension credit payable in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Department, and the award shall have effect accordingly.
  • (3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount of state pension credit as before, the award shall continue in force accordingly.
  • (4) Subsection (5) below applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—
  • (a) in relation to any of the items referred to in subsection (1)(b)(i) to (iv) above, the amount of the alteration which he proposes to make by an order under section 150 , 150A , 151A or 152 of the Great Britain Administration Act or by or under any other enactment; and
  • (b) the date on which he proposes to bring the alteration into force (“the proposed commencing date”).
  • (5) If, in a case where this subsection applies, an award of state pension credit is made in favour of a person before the proposed commencing date and after the date on which the statement is made, the award—
  • (a) may provide for state pension credit to be paid as from the proposed commencing date at a rate determined by reference to the amounts of the items specified in subsection (1)(b)(i) to (iv) above which will be in force on that date; or
  • (b) may be expressed in terms of the amounts of those items in force at the date of the award.
  • (6) In this section—
  • alteration” means—in relation to any component of state pension credit, its alteration by or under any enactment;in relation to a person’s benefit income, the alteration of any of the applicable sums by any enactment or by an order under section 132, 132A, 132B or 133 above to the extent that any such alteration affects the amount of his benefit income;in relation to any component of a contribution-based jobseeker’s allowance, its alteration by or under any enactment; andin relation to a person’s war disablement pension or war widow’s or widower’s pension, its alteration by or under any enactment;
  • “applicable sums” has the same meaning as in section 139 above;
  • benefit income”, in relation to a person, means so much of his income as consists of benefit under the Contributions and Benefits Act , state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 or personal independence payment ;
  • the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;
  • component”—in relation to contribution-based jobseeker’s allowance, means any of the sums specified in regulations under the Jobseekers (Northern Ireland) Order 1995 which are relevant in calculating the amount payable by way of a jobseeker’s allowance;in relation to state pension credit, means any of the sums specified in regulations under section 2, 3 or 12 of the State Pension Credit Act (Northern Ireland) 2002; in relation to a contributory employment and support allowance, means any of the sums specified in regulations under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 which are relevant in calculating the amount payable by way of a contributory employment and support allowance;
  • war disablement pension” means—any retired pay, pension or allowance granted in respect of disablement under powers conferred by or under—the Air Force (Constitution) Act 1917;the Personal Injuries (Emergency Provisions) Act 1939;the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939;the Polish Resettlement Act 1947; orPart VII or section 151 of the Reserve Forces Act 1980; orwithout prejudice to paragraph (a), any retired pay or pension to which any of paragraphs (a) to (f) of section 641(1) of the Income Tax (Earnings and Pensions) Act 2003 applies;
  • war widow’s or widower’s pension” means— any widow's, widower’s or surviving civil partner's pension or allowance granted in respect of a death due to service or war injury and payable by virtue of any enactment mentioned in paragraph (a) of the definition of “war disablement pension”; ora pension or allowance for a widow, widower or surviving civil partner granted under any scheme mentioned in section 641(1)(e) or (f) of the Income Tax (Earnings and Pensions) Act 2003 .

Effect of alteration of rates of an employment and support allowance

139C
  • (1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) below shall have effect where—
  • (a) an award of an employment and support allowance is in force in favour of any person (“the recipient”), and
  • (b) an alteration—
  • (i) in any component of the allowance,
  • (ii) in the recipient's benefit income, or
  • (iii) in the recipient's war disablement or war widow's or widower's pension,

affects the computation of the amount of the employment and support allowance to which he is entitled.

  • (2) Where, as a result of the alteration, the amount of the employment and support allowance to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of the employment and support allowance payable in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Department; and the award shall have effect accordingly.
  • (3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of an employment and support allowance as before, the award shall continue in force accordingly.
  • (4) Subsection (5) below applies where a statement mentioned in section 159C(4) of the Great Britain Administration Act is made.
  • (5) If, in a case where this subsection applies, an award of an employment and support allowance is made in favour of a person before the proposed commencing date (within the meaning of section 159C(4) of the Great Britain Administration Act) and after the date on which the statement is made, the award—
  • (a) may provide for the employment and support allowance to be paid as from the proposed commencing date (within the meaning of that section) at a rate determined by reference to the amounts of the items referred to in subsection (1)(b)(i) to (iii) above which will be in force on that date, or
  • (b) may be expressed in terms of the amounts of those items in force at the date of the award.
  • (6) In this section—
  • alteration” means—in relation to any component of an employment and support allowance, its alteration by or under any enactment;in relation to a person's benefit income, the alteration of any of the applicable sums by any enactment or an order under section 132, 132A, 132B or 133 above to the extent that any such alteration affects the amount of his benefit income;in relation to a person's war disablement pension or war widow's or widower's pension, its alteration by or under any enactment;
  • applicable sums” has the same meaning as in section 139 above;
  • benefit income”, in relation to a person, means so much of his income as consists of benefit under the Contributions and Benefits Act , state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 or personal independence payment ;
  • the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;
  • component”, in relation to an employment and support allowance, means any of the sums specified in regulations under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 which are relevant in calculating the amount payable by way of an employment and support allowance;
  • war disablement pension” and “war widow's or widower's pension” have the same meaning as in section 139B above.

Effect of alterations affecting universal credit

139D
  • (1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) below shall have effect where—
  • (a) an award of universal credit is in force in favour of any person (“the recipient”), and
  • (b) an alteration—
  • (i) in any element of universal credit,
  • (ii) in the recipient's benefit income,
  • (iii) in any amount to be deducted in respect of earned income under Article 13(3)(a) of the Welfare Reform (Northern Ireland) Order 2015,
  • (iv) in any component of a contribution-based jobseeker's allowance,
  • (v) in any component of a contributory employment and support allowance, or
  • (vi) in such other matters as may be prescribed,

affects the computation of the amount of universal credit to which he is entitled.

  • (2) Where, as a result of the alteration, the amount of universal credit to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of universal credit payable in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Department; and the award shall have effect accordingly.
  • (3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of universal credit as before, the award shall continue in force accordingly.
  • (4) Subsection (5) below applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—
  • (a) in relation to any of the items referred to in subsection (1)(b)(i) to (vi) above, the amount of the alteration which he proposes to make by an order under section 150, 150A , 151A or 152 of the Great Britain Administration Act or by or under any other enactment, and
  • (b) the date on which he proposes to bring the alteration into force (“the proposed commencing date”).
  • (5) If, in a case where this subsection applies, an award of universal credit is made in favour of a person before the proposed commencing date and after the date on which the statement is made, the award—

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