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Social Security Administration (Northern Ireland) Act 1992 (c. 8)

(The document as of February, 2008)

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Social Security Administration (Northern Ireland) Act 1992 (c. 8)

1992 CHAPTER 8

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Claims for and Payments and General Administration of Benefit

    1. Necessity of claim

      1. 1. Entitlement to benefit dependent on claim.

      2. 2. Retrospective effect of provisions making entitlement to benefit dependent on claim.

    2. Widowhood benefit

      1. 3. Late claims for widowhood benefit where death is difficult to establish.

      2. 4. Treatment of payments of benefit to certain widows.

    3. Claims and payments regulations

      1. 5. Regulations about claims for and payments of benefit.

    4. Industrial injuries benefit

      1. 6. Notification of accidents, etc.

      2. 7. Medical examination and treatment of claimants.

      3. 8. Obligations of claimants.

    5. Disability working allowance

      1. 9. Initial claims and repeat claims.

    6. The social fund

      1. 10. Necessity of application for certain payments.

    7. Child benefit

      1. 11. Necessity of application for child benefit.

    8. Statutory sick pay

      1. 12. Duties of employees etc. in relation to statutory sick pay.

    9. Statutory maternity pay

      1. 13. Duties of women etc. in relation to statutory maternity pay.

    10. Emergency payments

      1. 14. Emergency payments by Health and Social Services Boards and other bodies.

  2. Part II

    Adjudication

    1. Adjudication by the Department

      1. 15. Questions for the Department.

      2. 16. Appeal on question of law.

      3. 17. Review of decisions.

    2. Adjudication by adjudication officers

      1. 18. Claims and questions to be submitted to adjudication officer.

      2. 19. Decision of adjudication officer.

    3. Appeals from adjudication officers - general

      1. 20. Appeal to social security appeal tribunal.

      2. 21. Appeal from social security appeal tribunal to Commissioner.

      3. 22. Appeal from Commissioners on point of law.

    4. Reviews - general

      1. 23. Review of decisions.

      2. 24. Procedure for reviews.

      3. 25. Reviews under s. 23 - supplementary.

      4. 26. Appeals following reviews or refusals to review.

      5. 27. Review after claimant appeals.

    5. Attendance allowance, disability living allowance and disability working allowance

      1. 28. Reviews of decisions of adjudication officers.

      2. 29. Further reviews.

      3. 30. Reviews of decisions as to attendance allowance, disability living allowance or disability working allowance - supplementary.

      4. 31. Appeals following reviews.

      5. 32. Appeal from social security appeal tribunals or disability appeal tribunals to Commissioners and appeals from Commissioners.

      6. 33. Reviews of decisions on appeal.

    6. Questions first arising on appeal

      1. 34. Questions first arising on appeal.

    7. Reference of special questions

      1. 35. Reference of special questions.

    8. Adjudication officers and the Chief Adjudication Officer

      1. 36. Adjudication officers.

      2. 37. The Chief Adjudication Officer.

    9. Social security appeal tribunals

      1. 38. Panels for appointment to social security appeal tribunals.

      2. 39. Constitution of social security appeal tribunals.

    10. Disability appeal tribunals

      1. 40. Panels for appointment to disability appeal tribunals.

      2. 41. Constitution of disability appeal tribunals.

    11. Adjudication in relation to industrial injuries and d appeal tribunals and disability appeal tribunals and chairmen.

  3. Social Security Commissioners

    1. 50. Appointment of Commissioners.

  4. References to medical practitioners, the Disability Living Allowance Advisory Board etc.

    1. 51. Power of adjudicating authorities to refer matters to experts.

    2. 52. Claims relating to attendance allowance, disability living allowance and disability working allowance.

    3. 53. Medical examination etc. in relation to appeals to disability appeal tribunals.

  5. Determination of questions of special difficulty

    1. 54. Assessors.

    2. 55. Tribunal of 2 or 3 Commissioners.

  6. Regulations

    1. 56. Regulations as to determination of questions and matters arising out of, or pending, reviews and appeals.

    2. 57. Procedure.

    3. 58. Finality of decisions.

    4. 59. Regulations about supplementary matters relating to determinations.

  7. Industrial diseases

    1. 60. Adjudication as to industrial diseases.

  8. Housing benefit

    1. 61. Adjudication.

  9. Social fund officers and inspectors and the social fund Commissioner

    1. 62. Social fund officers.

    2. 63. The social fund Commissioner and inspectors.

    3. 64. Reviews.

  10. Christmas bonus

    1. 65. Determination of questions.

  11. Restrictions on entitlement to benefit following erroneous decision

    1. 66. Restrictions on entitlement to benefit in certain cases of error.

    2. 67. Determination of questions on review following erroneous decisions.

  12. Correction of errors

    1. 68. Regulations as to correction of errors.

  • Part III

    Overpayments and Adjustments of Benefit

    1. Misrepresentation etc.

      1. 69. Overpayments - general.

      2. 70. Special provision as to recovery of income support.

    2. Adjustments of benefits

      1. 71. Overlapping benefits - general.

      2. 72. Income support and other payments.

    3. Housing benefit

      1. 73. Overpayments of housing benefit.

    4. Social fund awards

      1. 74. Recovery of social fund awards.

    5. Great Britain payments

      1. 75. Recovery of Great Britain payments.

    6. Adjustment of child benefit

      1. 76. Child benefit - overlap with benefits under legislation of other member States.

  • Part IV

    Recovery from Compensation Payments

    1. 77. Interpretation of Part IV.

    2. Recovery from damages, etc. of sums equivalent to benefit

      1. 78. Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases.

    3. Payments, deductions and certificates

      1. 79. Time for making payment to Department.

      2. 80. The certificate of total benefit.

      3. 81. Exemption from deduction in cases involving small payments.

      4. 82. Multiple compensation payments.

      5. 83. Collaboration between compensators.

      6. 84. Structured settlements.

      7. 85. Insolvency.

      8. 86. Protection of legal aid charges.

      9. 87. Overpaid benefits.

      10. 88. Death.

      11. 89. Payments into court.

    4. Administration and adjudication

      1. 90. Provision of information.

      2. 91. Applications for certificates of total benefit.

      3. 92. Liability of compensator unenforceable if certificate not issued within time limit.

      4. 93. Review of certificates of total benefit.

      5. 94. Appeals.

      6. 95. Recovery in consequence of an appeal.

      7. 96. Recovery of relevant payment in cases of default.

    5. Miscellaneous

      1. 97. Foreign compensators: duties of intended recipient.

      2. 98. Interest on damages: reductions in respect of relevant payments.

      3. 99. The Crown.

  • Part V

    Income Support And The Duty To Maintain

    1. 100. Failure to maintain - general.

    2. 101. Recovery of expenditure on benefit from person liable for maintenance.

    3. 102. Recovery of expenditure on income support: additional amounts and transfer of orders.

    4. 103. Reduction of expenditure on income support: certain maintenance orders to be enforceable by the Department.

  • Part VI

    Enforcement

    1. Inspection

      1. 104. Appointment and powers of inspectors.

      2. 105. Delay, obstruction etc. of inspector.

      3. 106. False representations for obtaining benefit etc.

      4. 107. Breach of regulations.

      5. 108. Offences relating to contributions.

      6. 109. Offences by bodies corporate.

    2. Legal proceedings

      1. 110. Legal proceedings.

      2. 111. Questions arising in proceedings.

    3. Unpaid contributions etc.

      1. 112. Evidence of non-payment.

      2. 113. Recovery of unpaid contributions on prosecution.

      3. 114. Proof of previous offences.

      4. 115. Unpaid contributions - supplementary.

  • Part VII

    Provision of Information

    1. Inland Revenue

      1. 116. Disclosure of information by Inland Revenue.

    2. Persons employed or formerly employed in social security administration or adjudication

      1. 117. Unauthorised disclosure of information relating to particular persons.

    3. Notification of deaths

      1. 118. Regulations as to notification of deaths.

    4. Personal representatives - income support and supplementary benefit

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

    5. Housing benefit

      1. 120. Information for purposes of housing benefit.

    6. Statutory sick pay and other benefits

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

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

    7. Statutory maternity pay and other benefits

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

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

    8. Maintenance proceedings

      1. 125. Furnishing of addresses for maintenance proceedings, etc.

  • Part VIII

    Arrangements for Housing Benefit

    1. ousing benefit

      1. 126. Arrangements for housing benefit.

      2. 127. Housing benefit finance.

      3. 128. Claims etc.

  • Part IX

    Alteration of Contributions and Benefits

    1. Alteration of contributions, etc.

      1. 129. Amendments following alterations in Great Britain.

      2. 130. Revaluation of earnings factors.

      3. 131. Statutory sick pay - power to alter limit for small employers' relief.

    2. Review and alteration of benefits

      1. 132. Annual up-rating of benefits.

      2. 133. Rectification of mistakes in up-rating orders.

      3. 134. Social security benefits in respect of children.

  • Part X

    Computation of Benefits

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

    2. 136. Computation of Category A retirement pension with increase under s.52(3) of Contributions and Benefits Act.

    3. 137. Effect of alteration of rates of child benefit.

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

    5. 139. Effect of alteration in the component rates of income support.

    6. 140. Implementation of increases in income support due to attainment of particular ages.

  • Part XI

    Finance

    1. 141. National Insurance Fund.

    2. 142. Destination of contributions.

    3. 143. General financial arrangements.

    4. 144. Destination of repayments, etc.

    5. 145. Adjustments between National Insurance Fund and Consolidated Fund.

    6. 146. The social fund.

    7. 147. Allocations from social fund.

    8. 148. Adjustments between social fund and other sources of finance.

  • Part XII

    Advisory Bodies and the Duty to Consult

    1. Consultation with the Social Security Advisory Committee

      1. 149. Functions of Social Security Advisory Committee in relation to legislation and regulations.

      2. 150. Cases in which consultation with Committee is not required.

      3. 151. Committee's report on regulations and Department's duties.

    2. The Disability Living Allowance Advisory Board

      1. 152. The Disability Living Allowance Advisory Board.

  • Part XIII

    Social Security Systems Outside Northern Ireland

    1. Co-ordination

      1. 153. Co-ordination with Great Britain.

    2. Reciprocity

      1. 154. Reciprocal arrangements with Great Britain - income-related benefits and child benefit.

      2. 155. Reciprocal agreements with countries outside the United Kingdom.

  • Part XIV

    Miscellaneous

    1. Travelling expenses

      1. 156. Payment of travelling expenses by Department.

    2. Offences

      1. 157. Impersonation of officers.

      2. 158. Illegal possession of documents.

    3. Industrial injuries and diseases

      1. 159. Research on industrial injuries, etc.

      2. 160. Control of pneumoconiosis.

    4. Workmen's compensation, etc.

      1. 161. Administration of workmen's compensation etc.

    5. Supplementary benefit etc.

      1. 162. Application of provisions of Act to supplementary benefit, etc.

    6. Miscellaneous

      1. 163. Certain benefit to be inalienable.

      2. 164. Exemption from stamp duty.

  • Part XV

    General

    1. Subordinate legislation

      1. 165. Regulations and orders - general.

      2. 166. Assembly, etc. control of orders and regulations.

    2. Supplementary

      1. 167. Interpretation.

      2. 168. Short title, commencement and extent.

    1. Schedule 1

      Claims for benefit made or treated as made before 1st October 1990.

    2. Schedule 2

      Commissioners, tribunals, etc. - supplementary provisions.

    3. Schedule 3

      Regulations as to procedure.

    4. Schedule 4

      Persons employed in social security administration or adjudication.

      1. Part I

        The specified persons.

      2. Part II

        Construction of references to government departments etc.

    5. Schedule 5

      Regulations not requiring prior submission to Social Security Advisory Committee.

    6. Schedule 6

      Old Cases payments administration.

    7. Schedule 7

      Supplementary benefits, etc.

  • An Act to consolidate for Northern Ireland certain enactments relating to the administration of social security and related matters, with corrections and minor improvements under the Consolidation of Enactments (Procedure) Act 1949.

    [13th February 1992]

    Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



    Part I Claims for and Payments and General Administration of Benefit

    Necessity of claim

    1 Entitlement to benefit dependent on claim

    (1) Except in such cases as may be prescribed, and subject to the following provisions of this section and to section 3 below, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied--

    (a) he makes a claim for it in the manner, and within the time, prescribed in relation to that benefit by regulations under this Part of this Act; or

    (b) he is treated by virtue of such regulations as making a claim for it.

    (2) Where under subsection (1) above a person is required to make a claim or to be treated as making a claim for a benefit in order to be entitled to it--

    (a) if the benefit is a widow's payment, she shall not be entitled to it in respect of a death occurring more than 12 months before the date on which the claim is made or treated as made; and

    (b) if the benefit is any other benefit except disablement benefit or reduced earnings allowance, the person shall not be entitled to it in respect of any period more than 12 months before that date,

    except as provided by section 3 below.

    (3) Where a person purports to make a claim on behalf of another--

    (a) for an attendance allowance by virtue of section 66(1) of the Contributions and Benefits Act; or

    (b) for a disability living allowance by virtue of section 72(5) or 73(12) of that Act,

    that other shall be regarded for the purposes of this section as making the claim, notwithstanding that it is made without his knowledge or authority.

    (4) In this section and section 2 below "benefit" means--

    (a) benefit as defined in section 121 of the Contributions and Benefits Act; and

    (b) any income-related benefit.

    (5) This section (which corresponds to section 154A of the 1975 Act, as it had effect immediately before this Act came into force) applies to claims made on or after 1st October 1990 or treated by virtue of regulations under that section or this section as having been made on or after that date.

    (6) Schedule 1 to this Act shall have effect in relation to other claims.

    2 Retrospective effect of provisions making entitlement to benefit dependent on claim

    (1) This section applies where a claim for benefit is made or treated as made at any time on or after 2nd September 1985 (the date on which section 154A of the 1975 Act (general provision as to necessity of claim for entitlement to benefit), as originally enacted, came into force) in respect of a period the whole or any part of which falls on or after that date.

    (2) Where this section applies, any question arising as to--

    (a) whether the claimant is or was at any time (whether before, on or after 2nd September 1985) entitled to the benefit in question, or to any other benefit on which his entitlement to that benefit depends; or

    (b) in a case where the claimant's entitlement to the benefit depends on the entitlement of another person to a benefit, whether that other person is or was so entitled,

    shall be determined as if the relevant claim enactment and any regulations made under or referred to in that enactment had also been in force, with any necessary modifications, at all times relevant for the purpose of determining the entitlement of the claimant, and, where applicable, of the other person, to the benefit or benefits in question (including the entitlement of any person to any benefit on which that entitlement depends, and so on).

    (3) In this section "the relevant claim enactment" means section 1 above as it has effect in relation to the claim referred to in subsection (1) above.

    (4) In any case where--

    (a) a claim for benefit was made or treated as made (whether before, on or after 2nd September 1985, and whether by the same claimant as the claim referred to in subsection (1) above or not), and benefit was awarded on that claim, in respect of a period falling wholly or partly before that date; but

    (b) that award would not have been made had the current requirements applied in relation to claims for benefit, whenever made, in respect of periods before that date; and

    (c) entitlement to the benefit claimed as mentioned in subsection (1) above depends on whether the claimant or some other person was previously entitled or treated as entitled to that or some other benefit,

    then, in determining whether the conditions of entitlement to the benefit so claimed are satisfied, the person to whom benefit was awarded as mentioned in paragraphs (a) and (b) above shall be taken to have been entitled to the benefit so awarded, notwithstanding anything in subsection (2) above.

    (5) In subsection (4) above "the current requirements" means--

    (a) the relevant claim enactment, and any regulations made under or referred to in that enactment, or referred to in it, as in force at the time of the claim referred to in subsection (1) above, with any necessary modifications; and

    (b) subsection (1) (with the omission of the words following "at any time") and subsections (2) and (3) above.



    Widowhood benefit

    3 Late claims for widowhood benefit where death is difficult to establish

    (1) This section applies where a woman's husband has died, or may be presumed to have died, and the circumstances are such that--

    (a) more than 12 months have elapsed since the date of death (whether he died, or is presumed to have died, before or after the coming into force of this section);

    (b) either--

    (i) the husband's body has not been discovered or identified or, if it has been discovered and identified, the woman does not know that fact; or

    (ii) less than 12 months have elapsed since she first knew of the discovery and identification of the body; and

    (c) no claim for any of the widowhood benefits, that is to say--

    (i) widow's benefit,

    (ii) an invalidity pension under Article 17 of the Pensions Order, or

    (iii) a Category A retirement pension by virtue of paragraph (5) of that Article,

    was made or treated as made in respect of the death by the [S.I. 1990/1511 (N.I. 15).] woman before 14th August 1990 (the date of the coming into operation of Article 8 of the Social Security (Northern Ireland) Order 1990, which inserted in the 1975 Act section 154C, the provision of that Act corresponding to this section).

    (2) Where this section applies, notwithstanding that any time prescribed for making a claim for a widowhood benefit in respect of the death has elapsed, then--

    (a) in any case falling within paragraph (b)(i) of subsection (1) above where it has been determined--

    (i) under subsection (1)(b) of section 18 below on a claim made by the woman; or

    (ii) under subsection (4) of that section on the submission of a question by her,

    that the husband has died or is presumed to have died; or

    (b) in any case falling within paragraph (b)(ii) of subsection (1) above where the identification was made not more than 12 months before the woman first knew of the discovery and identification of the body,

    such a claim may be made or treated as made at any time before the expiration of the period of 12 months beginning with the date on which that determination was made or, as the case may be, the date on which she first knew of the discovery and identification.

    (3) If, in a case where a claim for a widowhood benefit is made or treated as made by virtue of this section, the claimant would, apart from subsection (2) of section 1 above, be entitled to--

    (a) a widow's payment in respect of the husband's death more than 12 months before the date on which the claim is made or treated as made; or

    (b) any other widowhood benefit in respect of his death for a period more than 12 months before that date,

    then, notwithstanding anything in that section, she shall be entitled to that payment or, as the case may be, to that other benefit (together with any increase under section 80(5) of the Contributions and Benefits Act).

    4 Treatment of payments of benefit to certain widows

    In any case where--

    (a) a claim for a widow's pension or a widowed mother's allowance is made, or treated as made, before 14th August 1990 (the date of the coming into operation of paragraph 16(2) of Schedule 6 to the [S.I. 1990/1511 (N.I. 15).] Social Security (Northern Ireland) Order 1990); and

    (b) the Department has made a payment to or for the claimant on the ground that, if the claim had been received immediately after that date, she would have been entitled to that pension or allowance, or entitled to it at a higher rate, for the period in respect of which the payment is made,

    the payment so made shall be treated as a payment of that pension or allowance; and, if and to the extent that an award of the pension or allowance, or an award at a higher rate, is made for the period in respect of which the payment was made, the payment shall be treated as made in accordance with that award.



    Claims and payments regulations

    5 Regulations about claims for and payments of benefit

    (1) Regulations may provide--

    (a) for requiring a claim for a benefit to which this section applies to be made by such person, in such manner and within such time as may be prescribed;

    (b) for treating such a claim made in such circumstances as may be prescribed as having been made at such date earlier or later than that at which it is made as may be prescribed;

    (c) for permitting such a claim to be made, or treated as if made, for a period wholly or partly after the date on which it is made;

    (d) for permitting an award on such a claim to be made for such a period subject to the condition that the claimant satisfies the requirements for entitlement when benefit becomes payable under the award;

    (e) for a review of any such award if those requirements are found not to have been satisfied;

    (f) for the disallowance on any ground of a person's claim for a benefit to which this section applies to be treated as a disallowance of any further claim by that person for that benefit until the grounds of the original disallowance have ceased to exist;

    (g) for enabling one person to act for another in relation to a claim for a benefit to which this section applies and for enabling such a claim to be made and proceeded with in the name of a person who has died;

    (h) for requiring any information or evidence needed for the determination of such a claim or of any question arising in connection with such a claim to be furnished by such person as may be prescribed in accordance with the regulations;

    (i) for a claim for any one benefit to which this section applies to be treated, either in the alternative or in addition, as a claim for any other such benefit that may be prescribed;

    (j) for the person to whom, time when and manner in which a benefit to which this section applies is to be paid and for the information and evidence to be furnished in connection with the payment of such a benefit;

    (k) for notice to be given of any change of circumstances affecting the continuance of entitlement to such a benefit or payment of such a benefit;

    (l) for the day on which entitlement to such a benefit is to begin or end;

    (m) for calculating the amounts of such a benefit according to a prescribed scale or otherwise adjusting them so as to avoid fractional amounts or facilitate computation;

    (n) for extinguishing the right to payment of such a benefit if payment is not obtained within such period, not being less than 12 months, as may be prescribed from the date on which the right is treated under the regulations as having arisen;

    (o) for suspending payment, in whole or in part, where it appears to the Department that a question arises whether--

    (i) the conditions for entitlement are or were fulfilled;

    (ii) an award ought to be revised;

    (iii) an appeal ought to be brought against an award;

    (p) for withholding payments of a benefit to which this section applies in prescribed circumstances and for subsequently making withheld payments in prescribed circumstances;

    (q) for the circumstances and manner in which payments of such a benefit may be made to another person on behalf of the beneficiary for any purpose, which may be to discharge, in whole or in part, an obligation of the beneficiary or any other person;

    (r) for the payment or distribution of such a benefit to or among persons claiming to be entitled on the death of any person and for dispensing with strict proof of their title;

    (s) for the making of a payment on account of such a benefit--

    (i) where no claim has been made and it is impracticable for one to be made immediately;

    (ii) where a claim has been made and it is impracticable for the claim or an appeal, reference, review or application relating to it to be immediately determined;

    (iii) where an award has been made but it is impracticable to pay the whole immediately.

    (2) This section applies to the following benefits--

    (a) benefit as defined in section 121 of the Contributions and Benefits Act;

    (b) income support;

    (c) family credit;

    (d) disability working allowance;

    (e) housing benefit;

    (f) any social fund payments such as are mentioned in section 134(1)(a) or (2) of the Contributions and Benefits Act;

    (g) child benefit; and

    (h) Christmas bonus.

    (3) Subsection (1)(o) above shall have effect in relation to housing benefit as if the reference to the Department were a reference to the authority paying the benefit.

    (4) Subsection (1)(g), (j), (m), (q) and (r) above shall have effect as if statutory sick pay and statutory maternity pay were benefits to which this section applies.



    Industrial injuries benefit

    6 Notification of accidents, etc

    Regulations may provide--

    (a) for requiring the prescribed notice of an accident in respect of which industrial injuries benefit may be payable to be given within the prescribed time by the employed earner to the earner's employer or other prescribed person;

    (b) for requiring employers--

    (i) to make reports, to such person and in such form and within such time as may be prescribed, of accidents in respect of which industrial injuries benefit may be payable;

    (ii) to furnish to the prescribed person any information required for the determination of claims, or of questions arising in connection with claims or awards;

    (iii) to take such other steps as may be prescribed to facilitate the giving notice of accidents, the making of claims and the determination of claims and of questions so arising.

    7 Medical examination and treatment of claimants

    (1) Regulations may provide for requiring claimants for disablement pension--

    (a) to submit themselves from time to time to medical examination for the purpose of determining the effect of the relevant accident, or the treatment appropriate to the relevant injury or loss of faculty;

    (b) to submit themselves from time to time to appropriate medical treatment for the injury or loss of faculty.

    (2) Regulations under subsection (1) above requiring persons to submit themselves to medical examination or treatment may--

    (a) require those persons to attend at such places and at such times as may be required; and

    (b) with the consent of the Department of Finance and Personnel provide for the payment by the Department to those persons of travelling and other allowances (including compensation for loss of remunerative time).

    8 Obligations of claimants

    (1) Subject to subsection (3) below, regulations may provide for disqualifying a claimant for the receipt of industrial injuries benefit--

    (a) for failure without good cause to comply with any requirement of regulations to which this subsection applies (including in the case of a claim for industrial death benefit, a failure on the part of some other person to give the prescribed notice of the relevant accident);

    (b) for wilful obstruction of, or other misconduct in connection with, any examination or treatment to which he is required under regulations to which this subsection applies to submit himself, or in proceedings under this Act for the determination of his right to benefit or to its receipt,

    or for suspending proceedings on the claim or payment of benefit as the case may be, in the case of any such failure, obstruction or misconduct.

    (2) The regulations to which subsection (1) above applies are--

    (a) any regulations made by virtue of section 5(1)(h), (j) or (k) above, so far as relating to industrial injuries benefit; and

    (b) regulations made by virtue of section 6 or 7 above.

    (3) Regulations under subsection (1) above providing for disqualification for the receipt of benefit for any of the following matters, that is to say--

    (a) for failure to comply with the requirements of regulations under section 7(1) or (2) above;

    (b) for obstruction of, or misconduct in connection with, medical examination or treatment,

    shall not be made so as to disentitle a claimant to benefit for a period exceeding 6 weeks on any disqualification.



    Disability working allowance

    9 Initial claims and repeat claims

    (1) In this section--

    • "initial claim" means a claim for a disability working allowance made by a person--

      (a)

      to whom it has not previously been payable; or

      (b)

      to whom it has not been payable during the period of 2 years immediately preceding the date on which the claim is made or is treated as made; and

    • "repeat claim" means any other claim for a disability working allowance.

    (2) On an initial claim a declaration by the claimant that he has a physical or mental disability which puts him at a disadvantage in getting a job is conclusive, except in such circumstances as may be prescribed, that for the purposes of section 128(1)(b) of the Contributions and Benefits Act he has such a disability (in accordance with regulations under section 128(3) of that Act).

    (3) If--

    (a) a repeat claim is made or treated as made not later than the end of the period of 8 weeks commencing with the last day of the claimant's previous award; and

    (b) on the claim which resulted in that award he qualified under section 128(2) of the Contributions and Benefits Act by virtue--

    (i) of paragraph (a) of that subsection; or

    (ii) of there being payable to him a benefit under an enactment having effect in Great Britain and corresponding to a benefit mentioned in that paragraph,

    he shall be treated on the repeat claim as if he still so qualified.



    The social fund

    10 Necessity of application for certain payments

    (1) A social fund payment such as is mentioned in section 134(1)(b) of the Contributions and Benefits Act may be awarded to a person only if an application for such a payment has been made by him or on his behalf in such form and manner as may be prescribed.

    (2) The Department may by regulations--

    (a) make provision with respect to the time at which an application for such a social fund payment is to be treated as made;

    (b) prescribe conditions that must be satisfied before any determination in connection with such an application may be made or any award of such a payment may be paid;

    (c) prescribe circumstances in which such an award becomes extinguished.



    Child benefit

    11 Necessity of application for child benefit

    (1) Subject to the provisions of this Act, no person shall be entitled to child benefit unless he claims it in the manner, and within the time, prescribed in relation to child benefit by regulations under section 5 above.

    (2) Except where regulations otherwise provide, no person shall be entitled to child benefit for any week on a claim made by him after that week if child benefit in respect of the same child has already been paid for that week to another person, whether or not that other person was entitled to it.



    Statutory sick pay

    12 Duties of employees etc. in relation to statutory sick pay

    (1) Any employee who claims to be entitled to statutory sick pay from his employer shall, if so required by his employer, provide such information as may reasonably be required for the purpose of determining the duration of the period of entitlement in question or whether a period of entitlement exists as between them.

    (2) The Department may by regulations direct--

    (a) that medical information required under subsection (1) above shall, in such cases as may be prescribed, be provided in a prescribed form;

    (b) that an employee shall not be required under subsection (1) above to provide medical information in respect of such days as may be prescribed in a period of incapacity for work.

    (3) Where an employee asks an employer of his to provide him with a written statement, in respect of a period before the request is made, of one or more of the following--

    (a) the days within that period which the employer regards as days in respect of which he is liable to pay statutory sick pay to that employee;

    (b) the reasons why the employer does not so regard the other days in that period;

    (c) the employer's opinion as to the amount of statutory sick pay to which the employee is entitled in respect of each of those days,

    the employer shall, to the extent to which the request was reasonable, comply with it within a reasonable time.



    Statutory maternity pay

    13 Duties of women etc. in relation to statutory maternity pay

    (1) A woman shall provide the person who is liable to pay her statutory maternity pay--

    (a) with evidence as to her pregnancy and the expected date of confinement in such form and at such time as may be prescribed; and

    (b) where she commences work after her confinement but within the maternity pay period, with such additional information as may be prescribed.

    (2) Where a woman asks an employer or former employer of hers to provide her with a written statement, in respect of a period before the request is made, of one or more of the following--

    (a) the weeks within that period which he regards as weeks in respect of which he is liable to pay statutory maternity pay to the woman;

    (b) the reasons why he does not so regard the other weeks in that period; and

    (c) his opinion as to the amount of statutory maternity pay to which the woman is entitled in respect of each of the weeks in respect of which he regards himself as liable to make a payment,

    the employer or former employer shall, to the extent to which the request was reasonable, comply with it within a reasonable time.



    Emergency payments

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    14 Emergency payments by Health and Social Services Boards and other bodies

    (1) The Department may make arrangements--

    (a) with a Board; or

    (b) with any other body,

    for the making on behalf of the Department by members of the staff of any Board or body of payments on account of benefits to which section 5 above applies in circumstances corresponding to those in which the Department itself has the power to make such payments under subsection (1)(s) of that section; and a Board shall have power to enter into any such arrangements.

    Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11

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